New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-07
iOFFICAAL.
Laws Of the United States Passed at the
First; Session Of the EOrty.Third
Con4NeSN.
GENERAL NATURE-No. ISL

kCENhAAL NAIChE-A%O. IL.
An act to amend the customs revenue laws
aad to repeal mOieties.
Be it enacted by the Senate and House of
Represen tatiyes of the United States OF
America in Congress assembled. That the
act further to prevent smuggling, and for
other purposes" approved Jaly eighteenth.
eighteen hundred and sixty-six; and the
second section of the act entitled IAN act to
regulate the disposition of the proceeds of
fines, penalties and forfeitures incurred un.
der the laws relating to the customs, and
for other purposes approved March Sec
ona, eighteen hundred and sixty-seven, be.
and the same are hereby, repealed.
Sec 2 That all provisions of law under
which 1noieties of any Eaes. penalties, or
fonfeitures, under the customs revenue
laws. or any share therein. or commission
thereon. are paid to irformers. or officers
of customs, or other Osscers of the United
States, are hereby repealed; and from and
after the date of the passage of this act the
proceeds of all such knes, penalties, and
tOrfeitnres shall be paid into the Treasury
of the United States.
SEC. 3. That it shall hereafter be the
duty of the Secretary of the Treasury. out
of any money specifically appropriated by
Congress-. to make suitable compensation in
certain cases under the customs revenue
laws, as hereinafter provided, and not
otherwise; and for the purpose of making
such compensation for thu next fiscal year,
the sum of one hundred thousand dollars Is
hereby appropriated out of any money in
the Treasury not otherwise appropriated:
and he shalt annually report to Congress,
in detail all payments by him for SUCH pur-
pose.
SEC. 4. That whenever any officer of the
customs or other person shall detect and
seize goods, wares or merchandise, in the
act of being Struggled, or which have been
smuggled, be shall be entitled to such COM
pensation therefor, the Secretary Of the
Treasury shall award, not exceeding in
amount ons-half of the net proceeds. if any,
resulting from such seizure, after deGucting
all duties, costs and charges connected
Herewith; provided, that Tor the purpose
OF this act, smuggling shall be construed to
mean the act, with intent to detraud. OF
bringing into the United States, or with like
intent, attempting to bring into the United
States dutiabie articles without passing the
same, or the package containing the same,
through the custUmhouse, or submitting
them to the officers of the revenue tor ex-
animation. And whenever any person
not an officer OF the United States shall fur
nish to district attorney, or to any chief
officer of the customs. original Information
concerning any fraud upon the customs
| revenue, perpetrated or contemplated
which shall lead to the recovery of any du-
ties withheld, or of any fine, penalty, or
| forfeiture incurred whether by importers
| or their agents, or by any officer or person
| employed in1the customs service, such COM
pensation may, on such recovery, be paid
| to such person so furnishing information as
| shall be lust and reasonable, not exceeding
| in any case the sum of five thousand dollars;
| which compensation shall be paid, under
the direction OF the Secretary of the Treas
ury, out of any money appropriated for
that purpose.
| SEC. 5. That in all suits and proceedings
other than criminal arising under any OF the
revenue laws of the United States, the at
torney representing the government, when
| ever, in his belief, any business book, in
voice or paper, belonging to or under the
| control of the defendant or claimant, will
tend to prove any allegation made by the
United States, may make written motion,
particularly describing such book invoice
or paper and setting forth the allegation
| which he expects to prove; and thereupon
the court in which suit or proceeding is
pending may, at its discretion, issue notice
to the defendant or claimant to produce
such book, invoice OR paper in court at a
day and an hour to be specified in said no
tice. which, together with copy of said
| motion, shall be served formally on the
defendant or claimant by the United States
marshal by delivering to him certified
copy thereof, or otherwise serving the same
as original notices of suit in the same court
are served; and if the defendant or claim
ant shall fail or refuse to produce such
book, invoice or paper in obedience to
such notice. the allegations stated in the
said motion shall be taken as confessed
unless his failure or refusal to produce
the same shall be explained to the salts
faction of the court. And if produced, the
said attorney shall be permitted, under the
direction OF the court, to make examina
ton lat which examination the defendant
or claimant, or his agent, may be present.
of such entries in said book, invoice, Or
paper as relate to or tend to prove the
allegation aforesaid, and may offer the
same in evidence on behalf of the United
States. But the owner of said books and
papers, his agent or attorney, shall have,
subject to the order OF the court, the Gus
tody of them, except pending their exami
nation in court as aforesaid.
SEC. 6. That no payment shall be made
to any person furnishing information IN
any case wherein judicial proceedings shall
have been instituted, unless his claim to
compensation shall have been established
to the satisfaction Of the court or judge
having cognizance of such proceedings,
by said court or Judge for the information
OF the Secretary of the Treasury; but no
certificate Of the value of such services
shall be conclusive of the amount thereof.
And when any fine, penalty, or forfeiture
shall be collected without judicial proceed
ings, the Secretary Of the Treasury snail,
before directing payment to any person
| claiming such compensation, require salts
factory proof that such person is justly en-
titled thereto.
SEC. 7. That except in cases of Snug.
CLING as aforesaid, ii shall not be lawtn.
| tor any officer of the United States. under
any pretense whatever. directly or indi.
rectly, to receive, accept, or contract tor
any portion OF the money which may, under
| any OF the provisions of this or any other
act, accrue to any such person furnishing In
| formation: and any such officer who shall 80
| receive, accept, or contract for any portion
OF the money that may accrue as aforesaid
shall be guilty of misdemeanOr, and. on
conviction thereof, shall he liable to fine
| not exceeding five thousand dollars, or i'm
prisonment for not more than one year, or
both, IN the discretion of the court. and
shall not be thereafter eligible to any office
| OF honor, trust, or emolument. And any
such person SO furnishing information as
aforesaid, who shall pay to any such officer
OF the United States, or to any person TOR
MS use, directly or indirectly, any portion
OF said money, or any other valuable thing,
on account of or because of such money,
shall have right of action against such
officer or other person, and his legal rep
resentatives. to recover back the same. or
| the value thereof
| SEC. 8. That no officer, or other person
entitled to or claiming compensation under
any provision of this act, shall be thereby
disqualified from becoming witness IN
any action, suit or proceeding for the re-
covery, mitigation or remission thereof, but