The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-04-25
No. a..
Official.
GPUBLIC--No. 103. I


AN Act to regulate the disposition of the pro-
ceeds of fines, penalties, and forteitures incur
red under the laws relating to the customs, and
for other purposes.
BE 1t endcted by the Senate and House Of Repre-.
sentatioes Of the United States Of America in Con.
greSS assembled, That from the proceeds of fines.
penalties, and forfeitures incurred under the pro.
visions OF the laws relating to the customs there
shall be deducted such charges and expenses as
are by law in each case authorized to be deduc-
ted; and in addition, in case of the forfeiture of
imported merchandise of greater value than five
hundred dollars on which duties have not been
paid, or in case OF release thereof, upon pay
ment of its appraised value, of any fine or COM
position in money, there shall also be deducted
an amount equivalent to the duties in coin upon
such merchandise, Gncluding the additional du-
ties, if any,) which shall be credited in the
counts of the collector as duties received and the
residue of the proceeds aforesaid shall be paid in
to the treasury of the United States and dstribu-
ted, under the direction of the Secretary of the
Treasury, in the manner following, to wit: one
half to the United States one-fourth to the per-
son giving the information which has led to the
seizure, or to the recovery of the fine or penalty,
and II there be no nformer other than the cOllec-
tor, naval officer, or surveyor, then to the officer
making the seizure; and the remaining one fourth
to be equally divided between the collector naval
officer, and surveyor, or such of them as are ap-
pointed for the district in which the seizure has
been made or the fine or penalty incurred, or, If
there be only collector, then to such collector.
But where any fine, penalty, or forfeiture, incur.
red by virtue of the laws relating to customs,
shall be recovered in consequence OF any informa-
ton given by an officer of a revenue cutter, the
proceeds thereof SHALL after the legal deductions,
including the deductions herein authorized have
been made be disposed of as follows: one-fourth
to the United States; One-fourth to the officers
# the customs, hereinbefore provided and
the remainder to the officers of such revenue cut
ter, to be divided among them in proportion to
their pay.
SEC. 2. And belt ftrthe, enacted, That whenever
it shall be made to appear to the satisfaction Of
the judge of the district court for any district in
the United States, by complaint and affidavit, that
any fraud on the revenue has been committed by
any person or persons interested, in any way
engaged, in the importation or entry of merchan-
pise at any port within such district, said judge
shall forthwith issue bis warrant directed to the
marshal of the district requiring said marshal, by
himself or deputy, to enter any place or premises
where any invoices, books, or papers are deposi.
ted relating to- the merchandise in respect to which
such fraud is alleged to have been committed,
and to take possession of such books or papers
and produce them before the said Judge; and any
invoices, books, or papers so seized shall be sub
ject to the order of said judge who shall allow the
examination of the same by the collector of Gus
toms OF the port into which the alleged fraudu-
lent importation shall have been made, or by any
officer duly authorized by said collector. And
such invoices, books, or papers may be retained
by said judge as long in his opinion the reten-
tOn thereof may be necessary; but no warrant
for such seizure shall be issued unless the COM
plainant shall set forth the character of the fraud
alleged, the nature of the same, and the importa-
tOnS in respect to which it was committed, and
the papers TO be seized. And the warrant issued
on such complaint, with report of service and
proceedings thereon, shall be returned as other
warrants to the court of the district within which
such judge presides.
SEC. 3. And be it further enacted That whenev-
the collector other chief officer of the GUS
toms of any port shall be notified in writing by
the owner or cOnsignee of any vessel or vehicle,
arriving from any foreign port or place, of lien
for freight on any merchandise imported in such
vessel or vehicle, and remaining in his custody,
such collector other officer is hereby autheri-
zee and empowered to refuse the delivery of such
merchandise from any public or bonded ware
house, or other place in which the same shall be
deposited, until proof to his satisfaction shall be
produced that the freight due thereon has been
paid secured but the rights of the United
States shall not be prejudiced thereby, nor shall
the United States or its officers be in any manner
liable for losses consequent upon such refusal to
deliver; and if merchandise SO subject to a lien,
regarding which notice has been filed as aforesaid
shall be forfeited to the United States and sold,
the freight due thereon shall be paid from the
proceeds of such sale in the same manner as 9TH
charges and expenses now authorized by law to
be paid thercfrOm.
Sec. 4. And be 1t further enacted, That the the
seventh section of " An act to prevent and punish
frauds upon the revenue, TO provide for the more
certain and speedy collection of claims in favor of
the United States, and for other purposes" ap-
proved March thee, eighteen hundred and sixty
three; the seventeenth section of the Act furth-
er to prevent smuggling, and for other pusposes,"
approved July eighteen, eighteen hundred and
sixtysix, and all other laws or parts Of laws in.
consistent with, or supplied by the provisions of
this act, be, and they are hereby, repealed. And
the Secretary of the Treasury shall prescribe all
needful regulations to carry out and enforce the
provisions of this act.
Approved, March 2, 1867.