MR. JUSTICE GRAY delivered the opinion of the court.
This is an action of assumpsit to recover back an excess of duties paid upon seven marble statues imported from Italy. The importers contend that these statues were liable to pay a duty of only ten per cent. ad valorem; but the collector exacted payment of fifty per cent. ad valorem.
The decision of the case turns upon the true construction of those provisions of the Customs Act which impose upon "All manufactures...
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