The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-14

0(nef pef00us ana Also any no 1u1hB " 8UsAAhe y.
mission Of such o6snse, shall be liableto . nne of-not less than
my, nor more than one thousand dollars, In the discretion Of
the court
Sec. 666. The Collector General, or any other col
lector of customs, is authorized to cause . SUIT OF
prosecution to De instituted In his own name. on nenI 9. 9, .n !"
Hawaiian Government, for any violation Oh ~ io'''' =
Sec. 667. All vessels, goods, or other property seiz'
ed, shall remain in the custody OF some collector =,
whether the same are liable to forfeiture OF pot: provided how
ever, that IL the claimant Of any such vese', sooos, 2 . ou =,
court may appoint three appraisers. to appraise under oath the
value Of the same, at the expense Of the dannant; anS U |. III Il
two good and sufficient suretes, to be approved by m cour'
s u p pns Dros . . q cer IL o. Of the duties having been paid OF
secured. such property shall be delivered to the claimant
Sec. 66S. II, upon the trial, judgment shall be CIV
en- for the claimant, the bond shall De canceii1 =
but If against him, he must, within twenty day. thereatser; pay
into court the amount Of the appraised value wi hnnd n . U motion d
in open court, or before some judge at chambers
Sec. 669. All property in the custody OF any col
lec,or, or other officer of the customs, shall, after
tEe Of The tim. and place Of sale, as the court may direct
Sec. go. When any property shall be seized under
any law relating to the revenue of customs, notice OF
such seizure shall be published in The GoVe g p n = or .S m
person authorized by him, shall, within twenty days from ,ne
the same. or to the collector, that he claims such property, it
shall be held to be condemned. and shall d soid "a SUCH a.
public auction
Sec. GIL. The proceeds of all property condemned
and sold for violation Of any revenue law, after he
duc,ipg legal commissions for selling the same, and all other
for The violation Of any revenue law, after deducting the costs
Of court, shall be paid to the Collector-General Of Customs
Sec. 672. The proceeds of all forfeitures, fines and
penalties, under the revenue laws, after deductlng
the legal costs and charges, as provided In the last preceding
section, shall be divided as follows
neral to the Niaister of Finance, for the beneht OF the PUBIC
treasury one fOurthe to the person Who gave the dehhate n
formation which led directly to the seizure, or induced the pro-
secution and one fourth to the person who made me seizure OF
fnruner than the one making the seizure, or entering the prose-
cution, he shall be entitled TO the one half.
Sec. 673. Any person entitled to a share OF any
such forfeiture, fine or penalty, may De USED a 8 q
ture. fqpr penalty, shall belong to the government
Sec. ga. Every person having a claim for a share
of any such forfeiture, fine or penalty, shall state the
twenty days from the date Of the seizure, or from the time the
penalty is imposed, otherN is. he shall forfeit his claim.
Sec. 675. The Collector-Genera shall pay over their
shares TO the several claimants, according to their
legal rights. of which he shall be the judge. subject to an appeal
to the Minister of Finance. within ten days alter the rendition
of the collectors decision
Sec. GIG. No officer shall be entitled to a share of
any forfeiture, fine or penalty, for any violation OF
the revenue laws, by virtue o: his Office, nor be declared from
however, that if the CoIIector-General shall be a claimant in any
case, his claim shall be filed with, and be heard and determined
by. the Minister Of Finance. subject tn no appeal.
Sec. 677. All spirituous liquors seized and con-
demned for any violation of the revenue laws, shall
he sold in bond, and be subject 10 exportato DO or I Nv as = az
II they had been legally imported (; and the person or persons
entitled 10 q share o n prOceeuso OF IN IL luOS ucu anu
sod, shall receive a share of the duties actually paid on such
liquors. in the proportion of their shares in the proceeds: All
other property, so seized and condemned. shall be sold without
any reference to duties.
Sec. 618. When in any suit for the forfeiture OF
any vessel, goods or other property, judgment shall
tryinr the case, that there was probable cause of seizure, such
court or judge shall cause a certificate to he made thereof, and
I'm such case. the claimant shall not be entitled to costs, nor shall
the person who made the seizure, or the prosecutor, be liable TO
a suit on account Of such seizure or prosecution but the vessel
or rather property must be. after judgment, forthwith returned
to such claimant or his agent.
Sec. 679. All suits to procure a decree of forfeiture,
condemnation and sale, against any vessel, boat,
in any Circuit Court. or before any Judge OF the supreme or
dicton to Try and determine such cases: provided, always,
that the several police justices shall have concurrent Jurisdiction
perty does not exceed FIVE hundred dollars
Sec. $50. Forfeitures for the violation Of any pro-
vision of the revenue laws, shall attach and divest
the property The moment the ofense has been committed. and
no sale or other change Of property shall purge the forfeiture
Sec. 6s1. All suits brought against any person,
goods, er other property, for the violation OF
nv at5rer ~ he customs. or other person. for anything done in
pursuance of the revenue laws, shall be commenced within six
months after such violation is discovered, or such thing done.
Sec. ,6S2 Upon sworn complaint to any justice,
CHARGING any person with the violation of any provis-
on Of the revenue laws, and setting forth sufficient facts to
made, he shall issue a warrant for me arrest OF such person.
that he be brought before him for examination.
he opinion that there is-prooable cause to believe, upon the
produced to him. that a conviction would take place
SaI n h. 1.xt term ofth supreme or Circuit Court provided,
a -. = ~, N. acrns-d nav be released from prison. upon
irving a bond with two good and sufficient surrtes, to be appro-
red by said justice, conditioned for the payment of any hne
may be imposed upon him. if found guilty, or that he viii
appear at the time Of trial, and answer to the charge and
provided. that nothing in this section contained shall be
construed As interfering with the jurisdiction Of the police jus
in cases OF smuggling and other onenses; as provided in
The next succeeding section
Sec. 6SS. The respective police and district Justices
the kingdom, shall have jurisdiction to
try and determine all cases, in which any person shall be
charged with smuggling, or attempting to smugge, and all other
49, ~-.sras any urnyEiOD a. IA laws WIe "
amount OF the fine does not exceed five hundred dollars
Sec. ga. In case any person charged with, and
of, an offense against the revenue laws,
paw the amount Of the accrued CT sts and fine, or to give a bond
hr the payment of the same, signed by at least two good and
sufficient sureties, TO be approved by the court by whom he was
tried.
Sec. 6s5. Every person who shall be fined for n
violation of any provision of the revenue laws shall,
In case he fail TO pay such fine, be imprisoned at hard labor
such fine be paid or RENTED, or until he shall have earned
a sun equivalent to such fine.
Sec. 6S6. If any officer shall make any collusive
seizure, or shall deliver up, or shall make any agree
to deliver up. or not seize, any vessel, boat, or other pro-
perry liable to seizure. or shall directly or indirectly take or
receive any bride. gratuity, recompense, or reward, FIR the ne
or non-performance Of his duty, he shall, for each such
and be rendered incapable Of serving the King in any Office or
employment and Il any person shall give any bribe, recon-
any such officer, whether the Offer, proposal, promise or agree
nent, be accepted or performed, !, not. he shall be liable 'oa
fine O. not exceeding two thousand dollars.
Sec. 6S7. Whenever the words '' goods wares,'
and .s merchandise or either of them. are used in
article, the same shall he construed to include all property
whatever kind or description.
Sec. 6SS. The Minister of Finance shall have power,
from time to time, to make, alter and amend, such
and regulations for the collection Of duties and the trans
action Of the business Of the Custom Houses, not in conflict with
law, as he may deem proper, giving due notice OF the same
In the Government Gazette.
Sec. $50. Any person who has incurred any fine,
penalty or forfeiture. for q breach of any provision of
the revenue laws, OF is interested in any vessel, or merchandise
subject TO seizure, forfeiture, or disability, may petition the
Minister of Finance, setting forth the circumstances of his case,
and praying that the same may be mitigated or remitted, and
the said Minister may mitigate or remit such fine, forfeiture, or
penalty, OF remove such dis 'hihty. or any part thereof, and he
may direct any prosecution for such fine, penalty or for fixture,
to be discontinued upon such terms as he may deem reasonable.
Arr. XXVIL-TdrD Of Charges for the Depart
nenf of Finance.
Sec. $50. For the receipt, care and disbursement
of all residuary moneys belonging to the estate Of
any intestate, a commission Of ten per cent
For the receipt, care, and storage Of any residuary property,
other than money, five per cent, ad udtorem per annum, be-
sides all actual expenses.
For administering any oath, one dollar.
For every copy of any document, fifty cents per hundred words.
For ell ether acts and duties, the fees Of which are not other
wise provided for, such charges as the Minister Of Finance may,
from time to time prescribe.