The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-09-20

deputies, or by deputy collectors to collectors.
may be officially franked by the writers there
of, end shall, when so franked, be transmitted |
by mail free of postage. |
Sec. 66. Aaao be it further enacted, That the |
Secretary of the Treasury is hereby authorized
to appoint an officer in his departmentwhoshall |
be styled especial Commissioner of the Reve-
nue." whose office shall terminate in four wears !
from the thirtieth of June, eighteen hundred
and siXty-siX. 1t shall be the duty of the Spe- |
cial Commissioner of the Revenue to inquire in |
to all the sources of national revenue, and the |
best methods of collecting the revenue; the re- |
lations of foreign trade to domestic industry;
The mutual adjustment of the systems of taxa
lion by customs and excise, with the view OF
lnsurngthe requisite revenue with the least dis
turbance orinconvenience to the progress Off |
dustry and the Development of the resources
otthe county; andto inquire from time to time,
under the direction of the Secretary OF the treas
ury, into the manner in which officers charged
with the administration and collection of the
revenues perform their duties. And the said
Especial Commissioner of theRevenue shall from
time to time report, through the Secretary OF
the Treasury, to Congress, either in the form OF
a bill or otherwise, such notifications Of the
rates oftaXation or of the methods ofcollecting
The revenues, and such other facts pertaining to
the trade, industry, commerce or taxation OF
the country, as he may find, byactual obserya-
ZION of the operation of the law, to be conducive
90 the public interest; and in order to enable
the Special Commissioner of the Revenue to
properly conduct his Investigations, he is here
inempowered to examine the books, papers and
accounts of any officer of the revenue, to admin
lister oaths examine and summon witnesses,
and take testimony; and each and every such
person falsely swearing or affirming shall be
subject to the penalties and disabilities prescr-
bed by law for the punishment of corrupt and
willful perjury; and all officers of the govern
ment are hereby required to extend to the said
Commissioner all reasonable facilities for the
collection of information pertinent to the du-
ties of his office. And the said Special Commits
sloner shall be paid an annual salary of four
thousand dollars, and the travelling expenses
necessarily incurred while in the discharge of
his duty; and all letters and documents to and
| from the Special Commissioner relating to the
duties and business of his office shall be trans
| mitted by mail free of postage. And section
nineteen of an act entitled "An act to amend
an act entitled An act to provide internal rev.
enue to support the government, to pay inter-
est on the public debt and for other purposes, ,
| approved June thirtieth, eighteen hundred and
sixty -four, "approv'd March third, eighteen and
| siXtY-five, be and the same is hereby repealed.
| SEC 81. and be it further enacted, That in any
case civil or criminal, where suit or prosecution
| shall be commenced in any court of any State
lagainst any officer of the nted States, appoint
ed under or acting by authority of the act en-
titled can act to provide internal revenue to
support the government, to pay the interest on
The public debt, and for other purposes" passed
June thirtieth eighteen hundred and sixty
four, or of any act in addition thereto or in a
mendment thereof, or against any person act
ing under or by authority ofany such officer on
account of any act done under color ofhisotiice,
or against any person holding property or es-
tate by title derived from any such officer con-
corning such property or estate, and affecting
the validity of this act acts of which it is a
mandatory it shall be lawful for the defendant
in such suit or prosecution, at any time before
Fbrial upon petition to- he circuit court of the
United States in and for the district which the
defendant shall have been served with process
setting forth the nature of said suit or proSecu
t ton, and verifying the said petition by afida
Wit, together with certificate, signed by an at
torney or counsellor at law of some court of re
cord of the State in which such suit shall have
have been commenced, or of the United States
setting forth that, as counsel for the petitioner
he has examined the proceedings against him
and carefully inquired into all the matters sci
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 fin session, and fnot, 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 sale
court to send to the said circuit court the record
and proceedings in said cause; orr it were com
menced by capias, he shall issue writ of ha be
as corpus cum causa, a duplicate of which sale
writ shall be delivered to the clerk of the State
court, or left at his office by the marshal O.
he district, OF his deputy, or some person du
y authorized thereto; and thereupon it shall bt
The duty of the said State court to stay all fur
Their proceedings in such cause, and suit or pros
lecution, upon delivery of such process, or leav
! ing the same as aforesaid, shall be deemed anC
: AIKEN to be moved to the said circuit court anC
nTnppp6innS trio1 I,,df
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
, 1t shall be the duty of the marshal by virtue o
the writ of habeaS corpus cum causa to take
: he body of the defendant into his custody, t.
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. All attach
ments made and all bail and other security Civ
en- upon such suit or prosecution shall be and
continue in like force and effect as if the same
suit or prosecution had proceeded to final iudg,
/, ment and execution in the state court; and If
upon removal OF any such suit or prosecution
} 1t shall be made to appear to the said circuit
: court that no copy of the record and proceed
ings 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 ac
ton orlglnallybrought in said circuit court; and
| on failure of so proceeding, Judgment of nolle
| prosequl may be rendered against the plaintiff
With costs for the defendant: PTOOided That al
act entitled IAN act further to provide for the
collection OF duties on imports" passed March
second, eighteen hundred and thirty three shall
not be so construed as to apply to causes arising
! under an act entitled "An act to provide inter
nal revenue to support the government, to pay
interest on the public debt, and for other pur
poses, passed June thirtieth, eighteen hundred
and siXty-four, or any act in addition thereto
thnrpOf M IN
which the validity or Interpretation of said act
or acts shall be in issue: Progided further That
If any officer appointed under and by virtue Of
any act to provide internal revenue, or any per
son acting under or by authority Of any such
oIncer, snail 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 collection of taxes, he shall be entitled to
maintain suit for damage therefor in the circuit
court OF the United States, in the district where
IN 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 DEGREES Of the courts of the United
States having jurisdiction thereof. And if any
person shall dispossess or rescue, or attempt to
dlspossess or rescue, any property SO taken or
detained as aforesaid or shall aid or assist
| therein, such person shall be deemed guilty of
a misdemeanor, and shall be liable to such pun
ishment as is provided by the twenty second
section of the act for the punishment of certain
crimes against the United States approved lie
thirtieth day fApril ammo Domini one thou
sand seven hundred and ninety, for the willful
obstruction or resistance of officers in the sery
ice of process. - ."f
Sec. 6o. A72d be 1t further enacted That the ff-
/ tieth section OF an act passed June thirtieth.
eighteen hundred sixty -four, eutitled can act
to provide internal revenue to sport the gov
eminent, to pay interest on the public debt, and
Tor other purposes, is hereby repealed: Pro0i-
@eos mat any case which may have been remov-
ed from the courts of any state undersaid ffti-
eth section to the courts of the United States
shall be remanded to theState court from which
1t was so removed, with all the records relating
to such cases, unless the justice of the circuif
prosecution is pending shall be of opinion that
SAID case would be removable from the court of
| the State to HE circit -. -. -, - "