New-York tribune., 1872-01-15
PROPOSED AMENDMENT TO TIE LAW OF
SEILt'Rr

SEIZURE.
Ncsars. Naylor & Co., lie iron importers of
this city, whose testimony before ;Ae Custonhouse IN
vcstigatirg Committee was published on Tuesday asI
showing tho vast amount Of loss ana Inconvenience TO
which they were subjected ny The seizure Of their books
and papers misinfornation have submitted to tie
Committee at its request, proposal for the amendment
of the law under wch the seizure m.ie. They set
forth that the vaguencss OF the statute the practice o
receiving afidavits without crcumstanial statements
and issuing warrants for seizure without srec'"''on7
give latitude to informcrs in The matter and manner OF
seizure which conflicts with the Iy'h Amendment TO
tho Constitdtion and leads to tho most serious abuses
The following Is the proposed aNcndurnt:
And II shall not he lqWful for any JUDGE cf ~" fs-
trct Court COur, of the United states =" i7.ue
I57 entitled An Act 10 regulate The disposition OF me
proiccds or fne'. penalties and fcrfeitures incurred
lnder e laws rotating tie customs. and Tor other
pupos, >" unlcs the complaint aud affidavit snail set
fOrih tle fraud ALLEGED {! nave been cGhn,,", r, ~
ises to be searched, gnd shall spcci!y par
ticularly, 10y names, dates, and oiACF"l5Se G tnGg
hg0ifssi ihe tact. TSSSi %Gich nquic4 the coSeat
eyG M nat snr, e Of s Ss m nor unless soc all
davit be accompanies by an oncd ecr1' tie ron tie
which the fraud alleged 10 have cen co! nted tht
Le las personally examined such coop N ad maze
inquiry concerning the facts therein stated aud behcys
the same To true and that examination oi such -
voices, books aud papers r., III hs opinion essential
lie c"nrl1nt and aiidayit anon which slch warrant
nd in a
rant shall not Issue Upon The Issue OF suc warrant
tic United states Mirsh1l oi tie district IN which tLe
saf or bv ono Of his regular GcIu3, enter the place
or promises specIed where the books on papers spec
e @ ncI: cause item to be sealed III tie presence Of
fhe person or persons from whose possession tcy were
tunr s1d warrant who shall forthwith ora r an cxat-
nation o tie to he made before one Of the United
States Commssi for the District IN when SAID
fraud is alleged 70 have be committed. such cXamina-
tion shall commenced by the Collector oi the port or
Of ~
within days after the seizure, and shall he Wholly
completed within ten days after the same shdii nave
been commenced; such examination slaI bc CulHCu ~
matters specified in the complaint. aihtVl, hl9
warrant and the person or IflCI M IRON oT Tibt be c
shall have notice the time and place OF such cNahlha
tlon and shall have the right 10 be present eer IA Per
II The said Conmssionqr shall bo of onnien thqt tho
with respect to them he shall So report to me Dl'
Tic jude ire IRON IN WI whom and 'Ie seizure seN ra fortw
be returned to the person or persons irom whose po
he OF opinion that the books or papers so examined
substantate the allegations mado concerning uirI'
hcd aud examined books papers, and shall certify tho
cause sid comics 10 be filed in the Office OF the Clerk
thereof the shall be evidence III all causes or
"a relating TO the matter 20 complained Of in
c ,nanuer and with the same effect as the rgnals
from which the same were taken were produced ana
offered in evidence. go
The Commissioners shall, upon the request Of either
party before him lor sach civilizations decide what let
ters accounts memoranda relate to the matters spcc
fed in said complaint ahdavit. and warrant, aud ms
decision The purpose of this proceeding only shall be
final. At the end of twelve days from the time o: such
seizure the whole OF said books and papers shall
be returned by the Marshal to the person persona from
whom the same were taken, except that Tie Judge
may order the retention of such books and papers as
manifesy furnish proof Of character that could not
supplied by copies. The warrant issued such com
paint affidavit with report OF service and proceeding
thereon shall be returned to the court of the district
within which the Judge Issuing such resides.
Examinations under tile act shall he by the said Judge
referred alternately To the several Commissioners within
said district in the order OF their respective appoint
ments Commissioners, and district where there
ia than Commissioner shall two OF such exam
nations be successvey referred to the Commits
sioner And provided further that such warrant shall
be served except between the hours Of 0a and p H.,
nor on any day when tie u s. District Judge is not sit
ting; nor shall any books papers lie re-
moved Hereunder until sufficient opportunity has been
given for application to the Court for special nsrnc-
TONS provided that the party against whom the war
issues shall consent that the books aud papers re-
main meantime In the custody Of the United States Mar
shall who shall read nor permit any other TO
read the until the Commissioner the Court shall
40 order. And the United States District Court shall
have full control all proceedings under said war
rant and full power to vacate limit modify the same.
No warrant under the said act shall he issued, unless
shall appear by the complaint and affidavit upon which
application made, that two years nave not elapsed
since the mporaOns in respect to which the charge is