to each of the surveyor of the ports of Chester, Havre de Grace, Nottingham, Dumfries, and Yeocomico, one hundred and fifty dollars; to the naval officers for the districts of ProvidenceNaval officers. and Newport, two hundred and fifty dollars each.
Limitation of emoluments of collectors of Boston, New York, Philadelphia, Baltimore, Charleston, Savannah, and New Orleans.
Naval officers.
Surveyors.
Limitation of the emoluments of other collectors, naval officers, and surveyors.Sec. 9. And be it further enacted, That whenever the emoluments of any collector of the customs of either of the ports of Boston, New York, Philadelphia, Baltimore, Charleston, Savannah, Or New Orleans, shall exceed four thousand dollars, or the emoluments of any naval officer of either of said ports, shall exceed three thousand dollars, or the emoluments of any surveyor of either of said ports shall exceed two thousand five hundred dollars, in any one year, after deducting the necessary expenses incident to his office in the same year, the excess shall, in every such case, be paid into the treasury, for the use of the United States.
Sec. 10. And be it further enacted, That whenever the emoluments of any other collector of the customs shall exceed three thousand dollars, or the emoluments of any other naval officer shall exceed two thousand five hundred dollars, or the emoluments of any other surveyor shall exceed two thousand dollars, in any one year, after deducting therefrom the necessary expenses incident to his office in the same year, the excess shall, in every such case, be paid into the treasury, for the use of the United States.[1]
The preceding provisions not to extend to fines, forfeitures, &c.Sec. 11. And be it further enacted, That the preceding provisions shall not extend to fines, penalties, or forfeitures, or the distribution thereof.
Collectors, naval officers, and surveyors, to render an account of emoluments, &c.Sec. 12. And be it further enacted, That every collector, naval officer, and surveyor, shall account to the treasury for all his emoluments, and also for all the expenses incident to his office; that such accounts, as well of expenses as of emoluments, shall be rendered on oath or affirmation, at such times and in such forms, and shall be supported by such proofs, as shall be prescribed by the Secretary of the Treasury, and all such accounts shall be settled at the treasury like other public accounts.
Officers and surveyors to render a list of clerks employed by them, their compensation,
and an account of sums paid for stationery, &c.
In the ports of Boston, &c., no person to be an inspector who holds any other office in the collection of the customs.Sec. 13. And be it further enacted, That every collector, naval officer, and surveyor, shall, together with his accounts of the expenses incident to his office, render a list of the clerks employed by him, stating the rate of compensation allowed to each, and the duties which they severally perform; and also an account of the sums paid for stationery, official or contingent expenses, fuel, and office rent, stating the purposes for which the premises rented are applied.
Sec. 14. And be it further enacted, That, in the ports of Boston, New York, Philadelphia, Baltimore, Charleston, Savannah, and New Orleans, no person shall be an inspector who, at the same time, holds any other office in the collection of the customs in either of the said ports.
Salary to deputy collector, &c.Sec. 15. And be it further enacted, That the Secretary of the Treasury may, from time to time, limit and fix the number and compensations of the clerks employed by any collector, naval officer, or surveyor, and may limit and fix the compensation of any deputy of any such collector, naval officer, or surveyor: Provided, That no such deputy, in any of the districts of Boston, Charleston, New York, Philadelphia, Baltimore, Charleston, Savannah, or New Orleans, shall receive more than one- ↑ The act of Congress of May 7, 1822, ch. 107, sec. 10, provides that whenever the emoluments of certain collectors of the customs shall exceed three thousand dollars in any one year, &c. the excess shall in every such case be paid into the treasury of the United States. The defendant was collector of the port of Gloucester, and was removed from office July 29, 1829. From January first in the same year, to the day of his removal, he received for salary, fees and commissions, $3457 83; the excess of this over $3000, after deducting certain legal expenses, he paid into the treasury of the United States. Held, that all the fees and commissions received by the collector are to be deemed to be received for his own use, until they exceed the maximum amount of $3000; that the defendant was therefore absolutely entitled, in his own right to the fees and emoluments of office, not exceeding $3000, received during the seven months preceding his removal, although he did not continue in office a whole year from January first; and that the year of his successor in office commenced on the day of his appointment, and ended with the same day in the succeeding year. The United States in error v. William Pearce, Jun., and another, 2 Sumner’s C. C. R. 575.
