New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-04
THE CUSTOMS LAWS.

RETARY OF THE TREASURY.
Mr.. Ellis H. Roberts from the House COM
| mtttee on Ways and Means reported on SATURDAY
bill 10 amend the Customs Revenue laws ana 10 repeal
moietes which ordered TO be printed ana recon-
| mitted The bill contains u sections. a summary OF
| which Ia given below
The first section repeats Section OF the act emitted
punish frauds upon the revenue to provide
the certain and speedy collection OF claims IN
favor OF the United States and for other purposes sp
proved March 1867 the thrty-nnth section OF % a..
entitled An act further to prevent SUI t a ,j
other PURPOSES" approved July 1s 1896 and the sec0hd
section OF the act entitled An ACT 70 reF'' and for
position OF the proceeds OF lines penaues ana co.
FIXTURES under the laws relating TO the CUSTOMS ahu AVi
other purposes" approved March 2. 1867.
The second section repeats all provsons or law under
which moetes of any fines, penalties or forietlres OF
formers officers OF customs other officers OF the
United States and provides that from and atler te
passage of the bill the proceeds OF all fines penalties anu
forfetures shall be paid into the Treasury OF TIE Oheu
Section provides that in all suits and proceedings
other than criminal under any OF the revenue Jaws te
attorney representing me Government benpgng
to the defendant claimant. will tend To prove any
allegation made by the United States may make Wrl-
ten motion particularly desiring sucn book, invoice OF
paper, ana setting forth the aegaGPn Whcl ne eApeo
TO prove, and thereupon tho court IN "hiG t
the case is pending shall issue notice ~
the defendant or claimant to produce suGn OoUn d
invoice or paper in the court at day anu
hour to specified in said notice, which, together
with copy OF said notion shal be serVed U
the defendant or claimant by the Unlteu states
by delivering % him certified copy thereof OF otne
the same cOuIt are strVed II tne DOOR invoice vi
paper produced In obedience to such notices the
allegations snail be taken confessed unless me allufe
10 produce the same Is explained 70 the @ sPt %
the When they produced the hlteu Sldtes
Attorney shall be permitted TO examine ana onet tneh
as evidence and owner, his agent, or attorney
shall free 10 them at all REASONABLE times
Sections o. g. and relate 10 payments for the detec-
ton OF raud. 10 is made the duty OF the secretary OF
the Treasury 10 make suitable compensation IN certain
snecitcaY appropTiated and 70 report annually in
fail al lslgu
shall detect and the act OF being snugRled
or which have been Struggled he shall be entitled 10
such compensation the Secretary OF the treasury
shall award, not exceeding one-laF OF the net
proceeds, If any; provided chat smuggling shall DE con
strued with intent 20 defraud. or with
the intent OF attempting bring into the United states
dutable articles without passing the same through tne
CustOn-hOuse, or submitting them for examination
Whenever any person not an officer OF the United states
the customs original information concerning any
fraud upon the customs revenue perpetrated or con
templaed, which shall lead TO the recovery OF any
duties withheld or OF any hue, penalty OF forfeit
agents, by any officer person employed In the cue
toms service such compensation may on sucl recovery
be paid 70 such person so furnishing Information a. i
be just and reasonable not exceeding IN any case he
sum OF 5000 which compensation snail De PAID uhuer
direction OF the Secretary OF the Treasury out OF
any money appropriated for that purpose No payment
snail be made 70 any such person IN any ease wherein
and the value OF ms services duly cered by the court
the cerHcate shall be conclusive OF the amount
wiihout iIdic,aI nrocaedings the secretary Of the
Treasury shall, before directing payment 70 any
person claiming such compensation require satls-
factory proof that such person is Justly en-
titled thereto. Except cases OF smuggling, no
officer OF United shall directly or indirectly,
accent or contract Tor any portion OF the money
may any such person furnishing inf0r
nation; violation Of this provision Is made INSIDE
meanor punishable py fne not exceeding 5000
pfisOument for than year. or DOth on con
vicuOn, officer becomes Ineligible 70 any Office
Of honor trust or enoument. Officers and persons
titled TO part o, any fine, penalty or forfeiture may
become witnesses IN any action IN winch they are inter
ested, provided the defendant Is allowed to testify IN
BY Section no Importation except personal effects,
exceeding 800 IN dutiable value can be made without
duly certified invoice or an affidavit showing why the
invoice cannot be produced section provides now
that the affidavit must be accompanied by state
ment III the form OF an invoices or Otherwise showing
either the actual cost OF the merchandise Included IA
which statement shall be verified by tho owner, i'm
De administered by the Collector his deputy.
Before administering the oatn the Collector may qges
articles, and have nim produce any letter or
papers which might assist IN showing the dutaDe value
or the goods default Of such production, when re-
queted, the deDarred II future from producing
any such letter papers TO avoid any penalty unless
satisfaction OF the court that II Was not
IN MS power u do 50.
Section II provides that any person attempting 10
make any entry Of imported merchandise by means 81
any fraudulent papers statements or VINO Is guilty OF
any wuI omission by when the uaiteu staoes i Ie
pcyed OF the lawful duties, shat forfeit ana pay me
OF thar 5000 for each ohense ana sha forfeit
merchandise only TO which the fiaud relates. 10y
lection T. personsvioaung tue preceding section
may withdraw the merchandise II not SUBJECT 10 IOre!t
ure,.by giving a bond properly secured
section 10 provides that when the Law requires that
invoice 10 tue cost OF market V4lue Oh ine soos a"
omission without intent 20 defraud shaA not cause
forfeiture such goods but the Collector or Appraser
IN such case add tue same 10 the Invoice 10 Items
at sucn price or aploanl a. ne shi dee JUS
and reasonable and impose tue IutneF sun Va AVV pei
cent on the amount added ,...... -,
fraud and the bringing OF SUITS ANY person ~ 'ne
custos revenue service must, the detection Oi any
violation OF the laws, forthwith make complaint 20 tue
yestigatlon before a United States Commissioner
having jurisdiction thereof and 10 prosecute ne same
fcitre OF Goods or 70 recover any sum for violation
OF the law, snail De the duty or the court 10 suput W
the Jury as distinct and separate proposition Wne1neI
the alleged acts we're done with actual intention 10
eraud the Government OF the United states or us reVe
tcdng nv such Jury; or II issues be tried by the
Court without jury, 1t shall be the duty OI cue Nos
pass upon and decide SUCH proposition ~ dlsC S
separate finding of fact. judge OF district ia WIN
an eged violation occurred may on the VI
person charged setting forth the facts 10 le 49, @
nraying for relief may when the vessel or merchahse
Zed or subject 10 seizure Is appraised at hot iSs Ia
case provided petitioner informs the Colector anu
DistrctAttorney OF the tune n4ed thao my byond
present and show cause why the peutIoh snOt 20
be refused The facts appearing on IN
e 1snn and together with certified copy of tue
eyidenee transmitted without cost OF expehse W ~.
netit0ner t0 the Secretary OF the Treasury wno sna
tbereuuon have power to mitigate or remit such nut
penalty or forfeiture or remove such usapuity VI any
mart thereof if in his opinion the same snail nave oeen
incurred without wlllful negligence or any intention o
fraud in the person persons receiving the sauel am
to dirsct tbe prosecution IL airy snail have been lnst
tinted for the recovery thereof and be dscon
unued upon sucn terms or conditions rs He Hi"' ~
reasonable and lust. 49,, A. ,s,oo, mr.
secuOn ls forOids any compromises, ana the oncer Vi
persons violating the provision s'l De sul.y 80 mi
punishable by imprisonment not eXceeuIhk Az ys
"A fine not exceeding $4,000. The Secretary OF nc
ury gwen the power however, 70 reI, antian t9
&c upon sufficient proof that there was no lnlenoh W
dcfraud. ,.t..oroa ha
owner 10 the absence OF fraud protest. such ueh'eS
is final and conclusive on all parties 1870. . .o.
Section provides that no suit or action 90 reeo
any pecuuary penalty forfeiture or properly @
ing under Customs Revenue law slall DC
nness such silt or action shall be commenced withn
| La IL