State journal & flag., 1846-12-11
PUBLIC,-No. I'D

ubLlC.-NO. Ia.
AN ACT 10 refund 10 certain perons an ex-
cess OF duty exacted OIL The importation of
foreign merchandise.
SEC. l. BE ii enacted by The Senate
and House of Representatives Of. The United
States OF America IN Congress assembled.
That the Secretary of The Treasury be, and no
herby IL, authorized and required to pay to Ma
nice, Phelps, and Company, and Nance, Gold,
and Company merchants to the city of New
York. any excess of duty paid BY them TO the
collector Of the port of New York, upon the
importation of certain Thbet shawls, worstcd
Valencias. worsted and cotton erminetts, bros
chelas, pincettas, and cashmeretts, since the
fourteenth day of July, eighteen hundred and
thrty-two, beyond what the same were legally
cbargeable with; and to pay to Halsted,
Haines, and Company, merchants of The city
of New York. any excess of duty paid by them
in the years eighteen .ndred ard thirty three;
eighteen hundred and thirty>fve eighteen
hundred and thry-six, eighteen hundred and
thrty-eght, and eighteen hundred and thirty
nine, upon the importation OF weve shirts, wors-
led cravais, and silk twists, hey ond what the
same were by law chargeabe with an interest
thereon from sad time of payment; aid also
10 pay to Edward Hardy, Of the city of New
York, any excess Of duty paid by him on the
Importation, in the year eighteen hundred and
thirty eight, of wove shirts and drawers, wors-
ted Guernsey frocks, and cotton and merino
and worsted shirts and drawers, beyond what
the same were chargeabIe with, and interest
thereon from said time Of payment and also to
pay to George Trul any excess of duty paid
by him on the import alton, in the years eigh.
teen hundred and thirly-eight, eighteen hum
dred and thrty-nlne, and eighteen hundred and
forty, of wove shirts and drawers, beyond what
L.. h.. Il. 4
such excess from said time OF payment and
also to pay TO Smith, Tnurger, and Company,
merchants of the city OF New York. any ex-
cess of duty paid by them on The importation
Of jute grass under the name of Indiu mating,
India weed, hemp carpeting, and iute carpet
ing, In the years eighteen hundred and thirty
eight, eighteen hundred and thirt Y. nne,. tigh-
teen hundred and forty, and eighteen hundred
and forty one, beyond what the same were le-
gally chargeable with, and interest on such ex-
cess and also to pay 10 Jonathan Little, as
signee of Whitley and Taylor, merchants of the
city Of New York, any excess of duty paid by
them upon the importation of silk twist, in the
years eighteen hundred and thirty-eight and
eighteen hundred and thirty nine, beyond W hat
the same was legally chargeable with said
several sums to be paid out of any money
in the Treasury not otherwise appropriated
Provided. That, If either Of the persons here
lnbefore named is n any manner indebted to the
United States, the sum go payable to such In.
debted person, or so much thereof as will be-
necessary, shall be retained in sett-of to such
Indebtedness
SEC 2. ind be il further enacted, That,
the Secretary of the Treasury be, and he is
hereby authorized, out of any money in the
Treasury not otherwise appropriated, to refund
to the several persons entitled thereto, such
sums Of money as have been illegally exacted
by collectors of the customs, under the sanction
Of the Treasury Department, for duties on
imported merchandise, since the third Of
March. eigteen hundred and thirty lhree: Pro
pided, That, before any such refunding, the Sec
Rotary shall be satisfied, by decisions of the
courts of the United States upon the principle
involved, that such duties were illegally ex-
acted Ind proaided, also, That such decis
sions of The courts stall have been adopted or
acquiesced in by the Treasury Department as
its rule of construction.
Approved, August 8, 1916.