Изображения страниц
PDF
EPUB

the more effectual collection of the impost duties, approved on twenty1880, ch. 147, eighth day of May, one thousand eight hundred and thirty, the said goods § 4. shall be found not to correspond with the entry thereof at the customhouse; and if any package shall be found to contain any article not entered, such article shall be forfeited; or if the package be made up with intent to evade or defraud the revenue, the package shall be forfeited; and so much of the said section as prescribes a forfeiture of goods found not to correspond with the invoice thereof, be, and the same is hereby, repealed.

[blocks in formation]

Stat. at Large,

Vol. IV. p. 600.

Part of 5, act of March 3, 1831, ch. 76, repealed.

Office of sur

No. 191.- JULY 14, 1832.

CHAP. CCXXXIII. An Act to amend the Act entitled "An Act to provide for mitigating or remitting the Forfeitures, Penalties, and Disabilities accruing in certain Cases therein mentioned.

Be it enacted, &c. That in all cases of fine, penalty, or forfeiture, mentioned and embraced in the act entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," or in any act in addition to, or amendatory of said act, and not exceeding fifty dollars in amount, or value, the Secretary of the Treasury be, and he hereby is authorized, if in his opinion the said fine, penalty, or forfeiture was incurred without wilful negligence or intention of fraud, to prescribe such rules and mode of proceeding, to ascertain the facts, as in his opinion may be convenient and proper, without regard to the provisions of the act above referred to; and upon the said facts, so to be ascertained as aforesaid, the said secretary may exercise all the power conferred upon him in and by said act, as fully as he might have done had said facts been ascertained under and according to the provisions of said act.

No. 192. JULY 14, 1832.

CHAP. CCXXXVIII. An Act repealing a Part of the fifth Section of an Act entitled "An Act to establish Ports of Delivery at Port Pontchartrain and Delaware City, and for other Purposes.

Be it enacted, &c. That so much of the fifth section of an act, entitled "An act to establish ports of delivery at Port Pontchartrain and Delaware city, and for other purposes," approved March second, one thousand veyor discontin- eight hundred and thirty-one, as provides for the appointment of a surveyor to reside at Prospect, in the district of Belfast, in the State of Maine, be, and the [same] is hereby repealed.

ued.

[blocks in formation]

Stat. at Large, CHAP. XVI.—An Act for making Calais and Pembroke, in the State of Maine, Ports Vol. IV. p. 611.

of Delivery.

Be it enacted, &c. That the towns of Calais and Pembroke, in the State of Maine, shall be ports of delivery, to be annexed to the district of Passamaquoddy.

Stat. at Large, Vol. IV. p. 632.

Jurisdiction of circuit courts.

[blocks in formation]

CHAP. LVII.- An Act further to provide for the Collection of Duties on Imports.* SEC. 2. That the jurisdiction of the circuit courts of the United States shall extend to all cases, in law or equity, arising under the revenue laws of the United States, for which other provisions are not already made by

See Act of July 13, 1866, ch. 184, § 67, 1st Proviso.

law; and if any person shall receive any injury to his person or property for or on account of any act by him done, under any law of the United States, for the protection of the revenue or the collection of duties on imports, he shall be entitled to maintain suit for damage therefor in the circuit court of the United States in the district wherein the party doing the injury may reside, or shall be found. And all property taken or detained by any officer or other person under authority of any revenue law of the United States, shall be irrepleviable, and shall be deemed to be in the custody of the law, and subject only to the orders and decrees of the courts of the United States having jurisdiction thereof. And if any person shall Property in dispossess or rescue, or attempt to dispossess or rescue, any property so custody irreple taken or detained as aforesaid, or shall aid or assist therein, such person viable, &c. shall be deemed guilty of a misdemeanor, and shall be liable to such punishment as is provided by the twenty-second section of the act for the punishment of certain crimes against the United States, approved the thirtieth day of April, anno Domini one thousand seven hundred and ninety, for the wilful obstruction or resistance of officers in the service of process.

Actions in

State courts

SEC. 3. That in any case where suit or prosecution shall be commenced in a court of any State, against any officer of the United States, against revenue or other person, for or on account of any act done under the revenue officers to be relaws of the United States, or under color thereof, or for or on account of moved, on petition, &c. of deany right, authority, or title, set up or claimed by such officer, or other fendant, to cirperson under any such law of the United States, it shall be lawful for the cuit court. defendant in such suit or prosecution, at any time before trial, upon a petition to the circuit court of the United States, in and for the district in which the defendant shall have been served with process, setting forth the nature of said suit or prosecution, and verifying the said petition by affidavit, together with a certificate signed by an attorney or counsellor at law of some court of record of the State in which such suit shall have been commenced, or of the United States, setting forth that, as counsel for the petitioner, he has examined the proceedings against him, and has carefully inquired into all the matters set forth in the petition, and that he believes the same to be true; which petition, affidavit and certificate, shall be presented to the said circuit court, if in session, and if not, to the clerk thereof, at his office, and shall be filed in said office, and the cause shall thereupon be entered on the docket of said court, and shall be thereafter proceeded in as a cause originally commenced in that court; and it shall be the duty of the clerk of said court, if the suit were commenced in the court below by summons, to issue a writ of certiorari to the State court, requiring said court to send to the said circuit court the record and proceedings in said cause; or if it were commenced by capias, he shall issue a writ of habeas corpus cum causa, a duplicate of which said writ shall be delivered to the clerk of the State court, or left at his office by the marshal of the district, or his deputy, or some person duly authorized thereto; and, thereupon it shall be the duty of the said State court to stay all further proceedings in such cause, and the said suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be deemed and taken to be moved to the said circuit court, and any further proceedings, trial or judgment therein in the State court shall be wholly null and void. And if the defendant in any such suit be in actual custody on mesne process therein, it shall be the duty of the marshal, take defendant into custody. by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the said cause according to the rules of law and the order of the circuit court, or of any judge thereof, in vacation. And all attachments made and all bail and other security given upon such suit, or prosecution, shall be and continue in like at attachment, force and effect, as if the same suit or prosecution had proceeded to final in judgment and execution in the State court. And if, upon the removal of

Stay of proceedings in the

State court.

Marshal to

State process

&c. to continue

force.

De novo proceeding.

Record to be

supplied where

copy of record cannot be had

from the State

court.

Places of confinement.

Judges to issue writs of habeas corpus.

Penalty for neglect or refusal to obey the

same.

Provisions of

any such suit, or prosecution, it shall be made to appear to the said circuit court that no copy of the record and proceedings therein, in the State court, can be obtained, it shall be lawful for said circuit court to allow and require the plaintiff to proceed de novo, and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said circuit court; and on failure of so proceeding, judgment of non pros. may be rendered against the plaintiff with costs for the defendant.

SEC. 4. That in any case in which any party is, or may be by law, entitled to copies of the record and proceedings in any suit or prosecution in any State court, to be used in any court of the United States, if the clerk of said State court shall, upon demand, and the payment or tender of the legal fees, refuse or neglect to deliver to such party certified copies of such record and proceedings, the court of the United States in which such record and proceedings may be needed, on proof, by affidavit, that the clerk of such State court has refused or neglected to deliver copies thereof, on demand as aforesaid, may direct and allow such record to be supplied by affidavit, or otherwise, as the circumstances of the case may require and allow; and, thereupon, such proceeding, trial, and judgment, may be had in the said court of the United States, and all such processes awarded, as if certified copies of such records and proceedings had been regularly before the said court.

SEC. 6. That in any State where the jails are not allowed to be used for the imprisonment of persons arrested or committed under the laws of the United States, or where houses are not allowed to be so used, it shall and may be lawful for any marshal, under the direction of the judge of the United States for the proper district, to use other convenient places, within the limits of said State, and to make such other provision as he may deem expedient and necessary for that purpose.

SEC. 7. That either of the justices of the Supreme Court, or a judge of district court of the United States, in addition to the authority already any conferred by law, shall have power to grant writs of habeas corpus in all cases of a prisoner or prisoners, in jail or confinement, where he or they shall be committed or confined on, or by any authority or law, for any act done, or omitted to be done, in pursuance of a law of the United States, or any order, process, or decree, of any judge or court thereof, anything in any act of Congress to the contrary notwithstanding. And if any person or persons to whom such writ of habeas corpus may be directed, shall refuse to obey the same, or shall neglect or refuse to make return, or shall make a false return thereto, in addition to the remedies already given by law, he or they shall be deemed and taken to be guilty of a misdemeanor, and shall, on conviction before any court of competent jurisdiction, be punished by fine, not exceeding one thousand dollars, and by imprisonment, not exceeding six months, or by either, according to the nature and aggravation of the case.

SEC. 8. That the several provisions contained in the first and fifth secthe first and fifth tions of this act, shall be in force until the end of the next session of Congress, and no longer.

sections limited.

[blocks in formation]

Stat. at Large, CHAP. LXXIV. - An Act establishing a Port of Entry and Delivery at the Village of Vol. IV. p. 651. Fall River in Massachusetts, and discontinuing the Office at Dighton,

Port to be established.

Office discontinued.

Be it enacted, &c. That there shall, from and after the first day of April next, be established in the village of Fall River, near the mouth of Taunton Great River, in Massachusetts, a port of entry and delivery.

SEC. 2. That the office of the collection of the customs in Dighton, Massachusetts, shall, from and after the first day of April next, be discontinued.

No. 196. - JUNE 28, 1834.

CHAP. XCV.—An Act concerning the Gold Coins of the United States, and for other
Purposes.

Stat. at Large, Vol. IV. p. 699.

Standard and

Be it enacted, &c. That the gold coins of the United States shall contain the following quantities of metal, that is to say: each eagle shall weight of coins. contain two hundred and thirty-two grains of pure gold, and two hundred and fifty-eight grains of standard gold; each half-eagle one hundred and sixteen grains of pure gold, and one hundred and twenty-nine grains of standard gold; each quarter-eagle shall contain fifty-eight grains of pure gold, and sixty-four and a half grains of standard gold; every such eagle shall be of the value of ten dollars; every such half-eagle shall be of the value of five dollars; and every such quartereagle shall be of the value of two dollars and fifty cents; and the said gold coins shall be receivable in all payments, when of full weight, according to their respective values; and when of less than full weight, at less values, proportioned to their respective actual weights.

SEC. 2. That all standard gold or silver deposited for coinage after the Gold and silver deposited for thirty-first of July next, shall be paid for in coin under the direction coinage to be of the Secretary of the Treasury, within five days from the making of paid for within such deposit, deducting from the amount of said deposit of gold and silver five days. one half of one per centum: Provided, That no deduction shall be made unless said advance be required by such depositor within forty days.

Proviso.

Rate at which

SEC. 3. That all gold coins of the United States, minted anterior to the thirty-first day of July next, shall be receivable in all payments at the gold coin shall rate of ninety-four and eight tenths of a cent per pennyweight.

be receivable.

assay.

SEC. 4. That the better to secure a conformity of the said gold coins to Gold coins to their respective standards as aforesaid, from every separate mass of standard be set apart for gold which shall be made into coins at the said mint, there shall be taken, set apart by the treasurer and reserved in his custody, a certain number of pieces, not less than three, and that once in every year the pieces so set apart and reserved shall be assayed under the inspection of the officers, and at the time, and in the manner now provided by law, and, if it shall be found that the gold so assayed, shall not be inferior to the said standard hereinbefore declared, more than one part in three hundred and eightyfour in fineness, and one part in five hundred in weight, the officer or officers of the said mint whom it may concern, shall be held excusable; but if any greater inferiority shall appear, it shall be certified to the President of the United States, and if he shall so decide, the said officer or officers shall be thereafter disqualified to hold their respective offices: Provided, That if, in making any delivery of coin at the mint in payment of a deposit, the weight thereof shall be found defective, the officer concerned shall be responsible to the owner for the full weight, if claimed at the time of delivery.

SEC. 5. That this act shall be in force from and after the thirty-first day of July, in the year one thousand eight hundred and thirty-four.

Proviso.

Act to be in force after July 31, 1834.

[blocks in formation]

CHAP. XCVII. — An Act to authorize the Removal of the Custom-House from Magnolia, to St. Marks in Florida.

Stat. at Large, Vol. IV. p. 701.

President to

house to be removed.

Be it enacted, &c. That the President of the United States be, and he is hereby, authorized to remove the custom-house, now established at cause customMagnolia on the St. Marks river in Florida, to the town of St. Marks or some other point on St. Marks harbor which may be deemed suitable, 1829, ch. 10, § 1. when in his judgment the public interests and convenience may require it, and after the removal aforesaid the office of surveyor at St. Marks shall be abolished.

[blocks in formation]

-

No. 198.- JUNE 30, 1834.

CHAP. CXXVIII. An Act to amend an Act entitled "An Act to annex a Part of the State of New Jersey to the Collection District of New York; to remove the Office of Collector of Niagara to Lewistown; to make Cape St. Vincent, in the District of Sackett's Harbor, a Port of Delivery; and out of the Districts of Miami and Mississippi, to make two new Districts, to be called the Districts of Sandusky and Teche, and for other Purposes.

Be it enacted, &c. That there shall be paid, annually, to the collector of the port of Franklin, in the district of Teche, in lieu of all demands against the government of the United States for house rent, storage, and so forth, the sum of two hundred and fifty dollars.

§ 1.

[ocr errors][merged small]

Stat. at Large, CHAP. CXXXV.- An Act to establish a Port of Entry at Natchez, in Mississippi, and Vol. IV. p. 715. creating certain Ports of Delivery, and for other Purposes.

Port of entry at Natchez.

Vessels bound for Natchez to report at New Orleans.

Owners to pay

Be it enacted, &c. That all the ports, harbors, shores and waters of the Mississippi river, within the State of Mississippi, be, and they are hereby constituted a collection district, by the name of the Natchez district, and a port of entry shall be established at Natchez for said district, and a collector shall be appointed, who shall give the usual bond required of such officers, and be entitled to a salary of five hundred dollars per annum.

SEC. 2. That all vessels proceeding to the said port of Natchez, from any port or place in foreign countries, shall stop and report her arrival at the port of New Orleans; and before such vessel shall proceed on her voyage to the said port of Natchez, it shall be the duty of the collector of the said port of New Orleans to order on board any such vessel, a customhouse officer, who shall remain on board such vessel until her arrival at the said port of Natchez; and it shall be the duty of such custom-house officer, to take possession and safely keep all the papers belonging to such vessel, having relation to the freight or cargo on board, which papers he shall deliver to the collector of the port of Natchez, immediately after his arrival at that port; and any such vessel, which shall depart from the said port of New Orleans, without such custom-house officer on board, shall be subject to all the pains and penalties provided for by law for a violation of the revenue laws of the United States.

SEC. 3. That the expenses of the custom-house officer which may be expenses of cus- put on board of any such vessel at New Orleans, from the time of his being put on board, until his return to New Orleans, shall be paid by the owner or owners of such vessel.

tom-house offi

cer.

Dorchester a

port of delivery. Port of entry at Philadelphia

extended.

See 1865, ch. 42.

Camden, New Jersey, a port of delivery.

and license fish

SEC. 4. That Dorchester, in the State of Massachusetts, be, and the same is hereby, declared to be a port of delivery.

SEC. 5. [That from and after the passage of this act, the port of entry and delivery for the district of Philadelphia, shall be bounded by the navy yard on the south, and Gunner's Run on the north; anything in any former law to the contrary notwithstanding.]

SEC. 6. That the town of Camden, in the district of Bridgeton, in the State of New Jersey, shall be a port of delivery, and shall be subject to the same regulations and restrictions as other ports of delivery in the United States; and there shall be appointed a surveyor of the customs to reside at said port, who shall also perform the duties of an inspector, and who shall be entitled to receive the annual salary of one thousand dollars and no more.

Surveyor of SEC. 7. That the surveyor of the port of Camden shall be authorized Camden to enroll to enroll and license ships or vessels to be employed in the coasting trade ing and coasting and fisheries, under the regulations and provisions of the act, entitled "An act to authorize surveyors, under the direction of the Secretary of the Act of Feb. 11, Treasury, to enrol and license ships and vessels to be employed in the coasting trade and fisheries," passed the eleventh day of February, eigh

vessels.

1830, ch. 14.

« ПредыдущаяПродолжить »