Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-02-18

and iorfeitures shall he recovered, in pursu.
ance OF information given to such collector, ma.
val officer, or surveyor, py any private informs
er, the one halt of such moiety shall be given
10 such intormer, and the remainder thereof
shall be disposed o. between the collector, ma
val officer, and surveyor, in manner aforesaid.
and the same allowance OF twenty five per cent.
to inspectors, when the seizare is made BY
hem as Aforesaid dnd preceded Gkeuiss, That
whenever the value OF the property seised, con-
temned, and sold, under this act, shall be less
than two hundred and fifty dollars, that part of
tn. forfeiture which accrues to the United
States, or so much thereof as may be necessa t.
ry, shall be applied to the paymen, OF the costs
of prosecution Aiis It is tx-faer provided, That
it any officer or other s:rson, emitted to part
or share OF any OF the penalties or toifSituves
incurred in virtue of this act, shall be necessa.
ry AS witness, on the trial for such penalty or
forfeiture, such officer or other person NAV be
witness upon the said lriat, but in such case,
he shall not receive, or be entitled to, any part
or share of the said penalty or forfeiture, and
this part or share TO which he otherwise would
have been omitted, Shall revert to the United
States.
Sec. And Be II further enacted. That if a
ny suit or prosecution be commenced in any
state court, against any collector, naval officer,
surveyor, Inspector, or any other officer, civil
or mn htary, or sny other person aiding or as
ssting, agressbly TO the provisions of this
act under color thereof, for any thing Done, or
omitted to be done, as an officer oftae Gus
toms, or for any thing done by virtue of this
act under colour thereof, an,S~ths defendants
SHAH at the time OF entering his appearance in
such court, file e petition for the removal of the
cause for trial at the next circuit court of the
United States 10 DE holden in the district where
the suit is pending, and otter good ard sulii-
Gent surety for bis entering in such court, on
the first day OF its session, copie, of sad pro.
sess against him, and also for his there appear
int at the court and Isnteripg special bail in
the cause, if special bail was originally requi-
red therein, ii shall then be the duty of the
state Court 10 accept the surety, and proceed
no further ia the cuuse, and the bail that shall
have been originally taken, shall be discharged ;
and such copies being entered as aforesaid in
such court of the United States, the cause
shall there procesd in the same manner as if
1t had been brought there by original process,
whatever may be the amount Of the sum in dis.
pute or damages claimed, or whatever the ci-
zenship % be parties, any former law to the
contrary notwithstanding and any attachment
OF the goods or estates of the defendant, by the
orgina! process, shall hold the goods or e,-
tate so attached 10 answer the final judgment,
IN the same manner as by the laws of sach state
they would have been holden to answer anal
judgment, had it been en1ered ~ lie court in
which The nit was mglenced. And it sh al
be lawful IN any acti n or prosecution which
may lie now pending, O hereafter commenced.
before any state coupt whatever, fer any thing
done or omitted TO be done, by the defendant
as an Inspector or other sfiiccr OF the customs
alter final judgment, for either party to remove
and transfer, by appeals such decision, during
the SESSION or term OF said court at which The.
same shall have taken place, from such court
to the next circuit court Of the United States.
TO be held IN the district in which such an
peal snail be taken in manner aforesaid and
1t shall DC the duty OF the person taking SUCH
PIP az, to produce and enter in the said crr
cut court attested copies of the Or cess. pro .
cesdinss, and judgment in such cause and Il
shall also be competent for either parry within
SIX months OF the rendition of iudst,,,eos IN
any such cause oy writ OF error or other BRO
cess TO remove the same TO the circuit Court of
the CnIled States OF that district in which such
Judgment shall have beea rendered. aud th-
sand circuit court shall thereubon proceed To
Try and determine the iacs and the law in
such actisn, IN tue same manner as 4, the saslt
nad been there originally commenced the
Judgment ~ SUCH case, observation-disclosures And
any saIi Which may have been taken. or Dro,
petty attached, shall be holden on tn Anal
Judgment OF the SAID circuit cosrt in such acfi.
%, IA ths same manner as If no such rsInt,y a
ana transfer had been made IS aforesaid anu
me state court from which any such action
may BE- removed and transferred as aforesaid
upon the party's giving good aud sufficient
security ior me prosecution thereof shall allow
tue same TO be removed and transferred and
ProSeel no faitiier IN tire case Provided how
ever, That it the party aforesaid shall fail
duly TO en.er the removal and transfer az ofore
sad III the clrcaI court agreeable TO this act.
tue STATE court, by which judgment shall have
oesh rendered, and from which the transfe-
ana removal shal have been IN adj as aforesaid
snail De authorised on motion for that purpose
TO Issue executions and TO Carry into effect A.
ny such judo the same as il no such re-
moysl and transfer had been made Provided
HeuSrtbeless, That this sct shall not De con-
srued TO apply 10 anJ prosecution for an ole
fence involving corporal punishment. AHd
Provided nlso, That no such appeal shall be al
lowed in any criminal action or prosecution.
whe e tnsi JuigTsent shall have been rendered
in tayor OF the defendant, or respondent, by the
state court and IN any action or prosecution
against aay person as Aforesaid, it shall be law
iu Tor slIch person 20 plead the general issue,
and give this act and any special matter in
evidence. And if 10 any sich suit the plain
tih IS nnn-suiteds or judgement pass agains
uim the defendant shall recover double costs.
Sec. and be IL further enacted Tina, IN any
sup OF prosecution against any person, Tor any
act N tpinS done 80 an officer ofthe customs.
Or any pssion aiding or sssis ing such officer
therein, and judgment shall be given against
the defendant or respondent, il il shall appear
TO the court, before which such suit or prose
cuiion snail be tried, that there was probable
cause for doing such act or thing, such court
shah order proper certificate or entry to be
made thereof, and ~ such case the defenda,t
or respondent shall not be liable for cots, nor
shalt he be liable to execu ION, or TO any action
for damages, or TO any OTHER mode VI prose
:gtion tor tl.e act done by him "a aforesaid