Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-11-06
CHAP l74,-AN ACT

To refund to certain persons an excess of duty
exacted on the importation Of foreign merchan
disc.
[SEc. IL Be it enacted by the Senate and
House Of Representatives. Of the United States O
America in Congress assembled, That the Secre-
tary of the Treasury be, and he hereby is author
lied and required to pay to Manice, Phelps, and
Company, and Mance, Gold, and Company, mer-
chants of the city of New York, any excess of du-
ty paid by them to the collector of the port of N.
York, upon the importation of certain Thibet
shaWls wOrsted Valencias worsted and cotton er-
minetts, brochelIas, pincettas, and cashmeretts,
since the fourteenth day Of July, eighteen hundred
and thirty-two, beyond what the same were legal
ly chargeable with; and to pay to Halsted. Haines
g. Company. merchants of the city of New York,
any excess of duty paid by them in the years egh-
teen hundred and thirty three, eighteen hundred
and thirty-five, eighteen husdred and thirty-six,
eighteen hundred and thirty-eight, and eighteen
hundred and thirty nine, upon the importation of
shirts, worsted cravats. and silk twists, be-
yond what the same were by law chargeable with
an interest thereon from said time of payment; and
also to pay to Edward Hardy, of the city of New
York, any excess Of duty paid by him on the i'm
port ation in the year eighteen hundred and thirty
eight, of wove shirts and drawers worsted Guern.
sey frocks, and cotton and merino and worsted
shirts and drawers, beyond what the same were
chargeable with, and interest thereon from said
time of payment; and also to pay to pay 10 Geo.
TruIl any excess of duty paid by him on the i'm
portatioR, ia the years eighteen hundred and thir-
weight, eighteen hundred and thirty nine, and
eighteen hundred and forty, of wove shirts and
drawers, beyond what legally chargeablc
thereon, and interest on such excess from said
time of payment and also to pay to Smith, Thur
ger, and Company, merchants of the city of New
York, any excess of duty paid by them on the i'm.
portation of jute grass, under the name of India
mating, India weed, hemp carpeting, and jute
carpetng in the years eighteen hundred and thir-
weight, eighteen hundred and thirty mine, eigh
teen hundred and forty, and eighteen hundred and
forty -one, beyond ~hat the same legally
chargeable with, and interest on such excess; and
also to pay to Jonathan Little assignee of Whitley
& 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 what the same was legally chargeable
with; said several sums to be paid out @! any mo-
ney in the Treasury not otherwise appropriated
Provided, That, if either of the persons hereinbe
fore named is in any manner indebted to the Uni
ted States. the sum so payable to such indebted
person, or so much thereof will be necessary
shall be retained in set-of to such Indebtedness.
Sec 2. And be It further enacted, That the
Secretary Of the Treasury be, and he is hereby
authorized, out of any money in the Treasury no
otherwise appropriated, to refund to the severa
persons entitled thereto, such sums of money a.
have been illegally exacted by collectors of tht
customs, under the sanction of the Treasury De
partmeut, for duties on imported merchandise
since the third of March, eighteen hundred ane
thirty three Provided, That, before any such re-
funding, the Secretary shall be satisfied, by deci
sions of the courts of the United States upon The
principle involved, that such duties were illegally
exacted: And provided, also, That such decisions
OF The courts shall have been adopted or acquiescet
IN by the Treasury Department as its rule of con
struction.
Approved, August g. 1916.