Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-08-12
(OFEICIAL.I
LAWS OF THE UNITED STATES
Passsd al the E9rst Session OF Shs Forty.
third CosErsss.
GENERAL NATuRR-NO. T5.1


AN ACT to amend the customs revenue laws
and to repeal mOieties.
BE Il enacted By the Senate and House Of Repre-
SentdtireS Of the United States of zmericd an Con-
gress assembled, That the thirty ninth section
of the act entitled Gan act further to prevent
smuggling, and for other purposes, )" approved
July eighteenth, eighteen hundred and sixty
six; and the second section of the act entitled
"An act to regulate the disposition Of the pro-
ceeds OF fines, penalties, and forfetures in
CURED under the laws relating to the customs
and for other purposes" approved March sec
ond, eighteen hundred and siXty-seyen, be, and
the same are hereby, repealed.
SEQ. z. That all provisions OF law under which
moieties OF any fines, penalties, or tOrfeitures,
under the customs-revenue laws, or any share
therein, or commission thereon, are paid TO in
formers or officers of customs. other Off GERS
of tie United States, are hereby repea led; ana
from and after the date of the passage of this
act the proceeds OF all such fines, penalties, and
torfeituIes shall be paid into the Treasury of
the United States.
SIC. 3. That IL shall hereafter be the duty Of
the Secretary or the Treasury, ont of any money
specifically appropriated by Congress, to make
suitable compensation in certain cases under
the customs-revenue laws, as hereinafter pro-
vldcd, and not otherwise; aud for the purpose of
making such compensation for tho next fiscal
year, the sum o. one hundred thousand doll AIRS
Is hereby appropriated out of any money in the
Trt asury not otherwise appropriated; ami he
shall annually report TO Congress, in detail, all
payments by him for such purpose.
SEC. 4. That whenever any officer of the Gus
toms or other person shall detect aud seize
goods, wares, or merchandise, in the act OF
being Struggled, or which have been smuygled
LIE shall be entitled to such compensation there
for as the Secretary of the Treasury 81 all
award, not exceeding in amount one half of
the net proceeds, II any, resulting from such
seizure, after deducting all duties, costs, ani
charges connected Herewith: Provided. That
for the purposes of this act, smuggling shall be
construed to mean the act, with intent to de-
fraud, OF bringing into the United States, or,
with Ike intent, attempting to bring into the
United States, dutiable articles without passing
the same, or the package containing the same,
through the custom-hous or submitting them
TO the officers Of the revenue for examination.
And whenever any person not an officer OF the
United States shall furnish to q district attor
ney, or to any chief officer of the customs, ORR
gnal information concerning any fraud upon
the customs revenue, perpetrated or contem.
plated, which shall lead to the recovery Of any
duties withheld, or of any fine, penalty, or for
fixture incurred, whether by importers or their
agents, or by any officer or person employed in
the custOms-service, such compensation may,
on such recovery. be paid to such person so fur
nishiDg Information as shall be just and reason
able, rot exceeding in any case the sum of five
thousand dollars; which Compensation shall be
paid, under the direction OF the Secretary of
the treasury ont OF any money appropriated
for that purpose.
SEC. s. That IN all suits and proceedings
other than criminal arising under any OF the
revenue laws OF the United States, the attorney
representing the Government, whenever, in his
belief, any business book, invoice, or paper,
belonging to or under the control of the de-
legation made by the United States, may make
a written motion, particularly describing such
book, invoice, or paper, and setting forth the
allegation which he expects to prove; and there
upon the court in which suit or proceeding
is pending may, at its discretion, issue a notice
to the defendant or claimant to produce such
hour to be specidsd in said notice, which, to-
gether with copy of said motion, shall be served
formally on the defendant or claimant by the
United States marshal by delivering to him a
certified thAraOf wi ha
same as original notices of suit in the same court
are served; and il the defendant or claimant
shall rail- or refuse to produce such book, in
voice, 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
satisfaction Of the court. And III produced, the
said attorney shall be permitted, under the di-
rection of the court, to make examination lat
which examination the defendant or claimant,
or BIS agent, may be presently or 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 pa
pers, his agent or attorney, shall have, subject
to the order of the court, the custody Of them.
except pending their examination in court as
SEo. G. That no payment shall be made to
any person furnishing Information in any case
wherein judicial proceedings shall have been
shall have been established to the satisfaction
of the court or judge having cognizsnce OF such
proceedings, and the value Of his services duly
certified by said court or judge for the Informs-
ton of the Secretary of the Treasury; but no
certificate Of the value of such services sh all be
conclusive Of the amount thereof. And when
any fine, penalty, or forfeiture shall be collected
without judicial proceedings, the Secretary OF
| the Treasury shall, before directing paymen,
TO any person claiming such compensation
require satisfactory proof that such person Il
Justly entitled thereto.
SEC. Z. That except in cases Of smuggling as
aforesaid, 1t shall not be lawful for any oficer
Of the United States, under any pretense what
ever, directly or indirectly, to receive, accept,
| or contract for any portion Of the money which
may, under any OF the provisions of this or any
| other act, accrue to any such person furnishing
| information; and any such officer who shall %
| 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 be liable to . fne not exceeding
| i've thousand dollars. or imprison ment for not
| more than one year, or both, In the discretion
Of the court, and shall not be thereafter eigib lie
| to any Office of bonor, trust, or emolument.
And any such person 50 Furnishing Information
! rs aforesaid, who shall pay to any such Officer
| OF the United States, or to any person for his
use, directly or indirectly, any portion OF said
| money, or any other valuable thing, on sccoun,
| of or because OF such money, shall have right
| Of action against such officer or other person