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vided, That any person desiring to make another entry under this Act will be required to make affidavit, to be transmitted with the other filing papers now required by law, giving the description of the tract formerly entered, date and number of entry, and name of the land office where made, or other sufficient data to adinit of readily identifying it on the official records: And provided further, That said person has all the other proper qualifications of a homestead entryman: And provided also, That commutation under section twenty-three hundred and one of the Revised Statutes, or any amendment thereto, or any similar statute, shall not be permitted of an entry made under this Act, excepting where the final proof, submitted on the former entry hereinbefore described, shows a residence upon the land covered thereby for the full period of five years, or such term of residence thereon as added to any properly credited military or naval service shall equal such period of five years.

Act May 22, 1902, c. 821, § 2, 32 Stat. 203.

Act May 17, 1900, c. 479, mentioned in this section, is set forth in Comp. St. 1901, p. 1618.

ACT FEB. 9, 1903, c. 531.
An Act to Extend the Provisions of Chapter Eight, Title Thirty-

Two, of the Revised Statutes of the United States, Entitled "Res-
ervation and Sale of Town Sites on the Public Lands," to the

Ceded Indian Lands in the State of Minnesota. (32 Stat. 820.) Town-site laws extended to ceded Indian lands in Minnesota..

Be it enacted, &c., That chapter eight, title thirty-two, of the Revised Statutes of the United States, entitled “Reservation and sale of town sites on the public lands,” be, and is hereby, extended to and declared to be applicable to ceded Indian lands within the State of Minnesota. This act shall take effect and be in force from and after its passage.

Act Feb. 9, 1903, c. 531, 32 Stat. 820.

Chapter 8 of this Title of the Revised Statutes, mentioned in this act, is set forth in Comp. St. 1901, pp. 1451-1460.

TITLE XXXIII.

DUTIES UPON IMPORTS.

ACT JULY 24, 1897, c. 11, SS 1, 2, 22.
Schedule of rates of duty; Tariff of 1897.

Provisions relating to the rates of duty on articles coming into the
Philippine Islands from the United States, and on articles coming into
the United States from the Philippine Islands, are contained in Act
March 8, 1902, c. 140, SS 1, 2, 5, set forth below.

The action of the President as set forth in his order of July 12, 1998, whereby a tariff of duties and taxes was to be levied and collected in the Philippine Islands, with the amendments of said order, are approved, ratified, and confirmed, and the actions of the authorities of the government of the Philippine Islands in accordance with said order and amendments are approved, by Act July 1, 1902, c. 1369, $ 2. set forth below.

A rebate of duties imposed on all coal imported, for a period of one year, is made, and the provisions of paragraph 415 of this act are not to be construed to authorize the imposition of any duty upon anthracite coal, by Act Jan, 15, 1903, c. 189, set forth below.

FREE LIST.

Articles exempt from duty.

Paragraph 475 of the free list, set forth in Comp. St. 1901, p. 1679, is amended by Act March 3, 1903, c. 998, set forth below.

Section 50 of Act June 13, 1898, c. 418, Comp. St. 1901, p. 1703, by which tea, previously comprised in paragraph 679 of the free list, set forth in Comp. St. 1901, p. 1688, was made subject to duty at ten cents per pound, as stated in the note under the free list in Comp. St. 1901, p. 1690, is repealed by Act April 12, 1902, c. 500, $ 10, set forth below.

War material, authorized to be purchased by the Board of Ordnance and Fortification, when, in the judgment of the Secretary of War, it is to the manifest interest of the United States to make purchases in limited quantities abroad, is to be admitted free of duty, by provisions of the fortifications appropriation acts for the fiscal years ending June 30, 1903. and June 30, 1904, Act June 6, 1902, c. 1033, 32 Stat, 310, and Act

March 3, 1903, c. 1000, 32 Stat. 1027. Discriminating duty on goods in foreign vessels.

The President was authorized to suspend in part the operation of Rer. St. $ 2502, by a proviso annexe) to Rev. St. $ 4128. he amendment of that section by Act July 24, 1897, c 12, incorporated in that section as set forth in Comp. St. 1901, p. 2856. Rev. St. $ 2302 having been superseded by subsequent similar sections in successive tariff acts, the latest of which is section 22 of the Tariff Act of 1897, set forth in Comp. St. 1901, p. 1698, the provision above mentioned for suspension of the operation of Rev. St. $ 2302 may be construed as applicable to said section 22 of the Tariff Act of 1997, enacted on the same day as the provision for suspension, but as a previous chapter. The suspension authorized is partial, so that foreign vessels from a country imposing partial discriminating tonnage duties upon American vessels, or partial discriminating import duties upon American merchandise, may enjoy in our ports the identical privileges which the same class of American vessels and merchandise may enjoy in said foreign country.

ACT JUNE 13, 1898, c. 448, $ 50.
[Repealed. Act April 12, 1902, c. 500, $ 10.) ]

This section is repealed by Act April 12, 1902, c. 500, $ 10, set forth below.

ACT MARCH 8, 1902, c. 140.
An Act Temporarily to Provide Revenue for the Philippine Is-

lands, and for Other Purposes. (32 Stat. 54.) Tariff laws enacted by Philippine Commission confirmed.

Be it enacted, &c., That the provisions of an Act entitled “An Act to revise and amend the tariff laws of the Philippine Archipelago,” enacted by the United States Philippine Commission on the seventeenth day of September, nineteen hundred and one, shall be and remain in full force and effect, and there shall be levied, collected, and paid upon all articles coming into the Philippine Archipelago from the United States the rates of duty which are required by the said Act to be levied, collected, and paid upon like articles imported from foreign countries into said archipelago.

Act March 8, 1902, c. 110, § 1, 32 Stat. 54.

The act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes, Act July 1, 1902, c. 1369, contains, in section 2 thereof, set forth below, which approves the action of the President and the actions of the au thorities of the government of the Islands as to a tariff of duties and taxes, a proviso that nothing in that section is to be held to amend or repeal this act; and by provisions of section 81 of the same act, set forth post, under Title XXXIV, “Collection of Duties upon Imports,” c. 4, nothing in that act is to be held to repeal or alter any part of this act, except that section 8 of the act enacted by the Philippine Commission on September 17, 1901, which act is mentioned in and confirmed by this section, is amended so as to authorize the establishment of the equivalent rates of the money in circulation in said Islands with the money of the United States as often as once in ten days; and the last-mentioned section provides also that all laws relating to the collection and protection of customs duties not inconsistent with this act are to apply in the case of vessels and goods arriving from said Islands in the United States and its

possessions. Duty on articles coming from Philippine Archipelago.

Sec. 2. That on and after the passage of this Act there shall be levied, collected, and paid upon all articles coming into the United States from the Philippine Archipelago the rates of duty which are required to be levied, collected, and paid upon like articles imported from foreign countries: Provided, That upon all articles the growth and product of the Philippine Archipelago coming into the United States from the Philippine Archipelago there sha!l be levied, collected, and paid only seventy-five per centum of the rates of duty aforesaid: And provided further, That the rates of duty which are required hereby to be levied, collected, and paid upon products of the Philippine Archipelago coming into the United States shall be less any duty or taxes levied, collected, and paid thereon upon the shipment thereof from the Philippine Archipelago, as provided by the Act of the United States Philippine Commission referred to in section one of this Act, under such rules and regulations as the Secretary of the Treasury may prescribe, but all articles, the growth and product of the Philippine Islands, admitted into the ports of the United States free of duty under the provisions of this Act and coming directly from said islands to the United States for use and consumption therein, shall be hereafter exempt from any export duties imposed in the Philippine Islands.

Act March 8, 1902, c. 140, $ 2, 32 Stat. 54.

Sce pote under preceding section of this act, Sec. 3. [Relates to tonnage tax and restrictions on foreign vessels.]

This section imposes on foreign vessels coming into the United States from the Philippine Archipelago the same tonnage taxes which are levied on vessels coming from foreign countries, and temporarily removes certain restrictions from foreign vessels engaging in trade between the Philippine Archipelago and the United States, or between ports in the Philippine Archipelago. It is set forth post, under Title XLVIII, “Regulation

of Commerce and Navigation,” c. 3. Disposition of duties and taxes collected.

Sec. 4. That the duties and taxes collected in the Philippine Archipelago in pursuance of this Act, and all duties and taxes collected in the United States upon articles coming from the Philippine Archipelago and upon foreign vessels coming therefrom, shall not be covered into the general fund of the Treasury of the United States, but shall be held as a separate fund and paid into the treasury of the Philippine Islands, to be used and expended for the government and benefit of said islands.

Act March 8, 1902, c. 140, § 4, 32 Stat. 54. Duties based on weight of merchandise to be on weight at time of

entry. Sec. 5. That when duties prescribed by this Act are based upon the weight of merchandise deposited in any public or private bonded warehouse, said duties shall be levied and collected upon the weight of such merchandise at the time of its entry.

Act March 8, 1902, c. 140, § 5, 32 Stat. 54. Secs. 6,7. [Relate to shipments to Philippine Islands of articles manufactured in bonded manufacturing warehouses, drawback of taxes or duties, etc.)

Section 6 of this act provides for shipment to the Philippine Islands of articles manufactured in bonded warehouses, free of internal revenue tax, and for drawback, etc., of the internal revenue taxes or duties paid on articles so shipped or on the materials thereof. Section 7 provides for return of duties paid on merchandise in bonded warehouses, etc., on shipment thereof to the Philippine Islands, or for such shipment without payment of duty. Both sections are set forth post, under Title XXXIV. “Collection of Duties upon Imports," c. 7.

Sec. 8. (Relates to application of Act June 10, 1890, c. 407.]

This section makes applicable to articles coming from the Philippine Archipelago the provisions of the act to simplify the laws in relation to the collection of the revenues, Act June 10, 1890, c. 407, Comp. St. 1901, pp. 1886–1898. It is set forth under Title XXXIV, “Collection of Du

ties upon Imports," c. 4. Sec. 9. [Relates to evidence necessary to conviction of treason in the Philippine Islands.)

This section forbids conviction of treason in the Philippine Islands, unless on the testimony of two witnesses to the same overt act, or on confession in open court. It is set forth post, under Title LXX, "Crimes,” c. 2.

ACT APRIL 12, 1902, c. 500, $ 10.
Repeal of duty on tea.

That section fifty of the Act of June thirteenth, eighteen hundred and ninety-eight, be repcaled, to take effect January first, nineteen hundred and three.

Act April 12, 1902, c. 500, $ 10, 32 Stat. 99.

This section is part of an act to repeal war revenue taxes, and for other purposes, cited above, other sections of which are set forth post, under Title XXXV, "Internal Revenue,” c. 11 A.

Act June 1898, c. 448, § 50, mentioned in and repealed by this section, set forth in Comp. St. 1901, p. 1703.

ACT APRIL 29, 1902, c. 640.
An Act to Refund the Amount of Duties Paid in Porto Rico upon

Articles Imported from the Several States from April Eleventh,
Eighteen Hundred and Ninety-Nine, to May First, Nineteen
Hundred, to Confer Jurisdiction on the Court of Claims to Ren-
der Judgment Thereon, and Making an Appropriation therefor.

(32 Stat. 176.) Claims for refunding of duties paid in Porto Rico; jurisdiction, pro

ceedings, and judgments of Court of Claims. Be it enacted, &c., That jurisdiction be, and is hereby, conferred upon the Court of Claims of the United States of all claims against the United States arising out of the payment of customs duties to the military authorities in the island of Porto Rico upon articles imported from the several States, which articles were entered at the several ports of entry in Porto Rico from and including April eleventh, eighteen hundred and ninety-nine, to May first, nineteen hundred, and the Court of Claims is empowered and directed to ascertain the amounts of such duties paid during said period and to enter judgment against the United States for the several amounts so paid, with interest thereon at the rate of six per centum per annum from the several dates of payment of such duties to the dates of such judgments, respectively, in all actions for the recovery of such duties now pending in the Court of Claims and in all actions for the recovery of such duties which may be brought in said court within six months from the date of the passage of this Act.

Act April 29, 1902, c. 640, § 1, 32 Stat. 176.
SUPP. '03-16

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