Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-08-28
GbrDrrmont 4brnit
BRATTLEBORO;
FRIDAY EVENING, AUGUST Is. 1874

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in the Treasury not otherwise apprOpriat-
ed and he shall annually report to Con
gress, in detail, all payments by him for
such purpose
SEC. 1. That whenever any officer Of the
customs or other person shall detect and
seize goods, wares, or merchandise ia the
act OF being smugglcd, or which have been
struggled, he shall be entitled tosuCh com
pensatiOu therefor HS the Secretary of the
Treasury shall award, not exceeding iu a.
mount une-halt of the net proceeds. u any,
resulting from such seizure, amer deduct
ing all duties, costs. and charges connected
herewith: Provided, That for the purpo--
es OF this act, smuggling snail he construed
To- mean the act, with intent 10 dGirBud, OF
bringing into the United States, or, with
like intent, attempting to bring into the
United States, dutiable articles withou,
passing the same, or the package contain
ing the same, through the custOm-hOusu,
or submitting them to the officers of the
revenue for examination. And whenever
any person not an officer Oi the United
States shall furnish to a district attorney,
or to any chief officer Of the customs, orig
inal Information concerning any fraud up
on the customs-reveuue, perpetratcd or
contemplated, which shall lead to the IecoN-
cry Of any duties withheld, ur OF any tiuc,
penalty, or forfeiture incurred, whether by
importers or their agents, or 10y any officer
or person employed IN the customs-scr, ice,
such compensation may, on such recovery,
he paid to such person so furnishing lnlOr-
nation as shall he Just and reasonable, not
exceeding in any case the sum of tive thou
sand dollars; which compensation shall hC
paid, under the direction Of the Secretary
OF the Treasury, out OF any money appro-
priated Tor that purpose.
SEC. 8. That in all suits and proceedings
other than criminal arising under any U.
the revenue-laws OF the United States, the
whenever, in his belief, any buslness-bOOk,
invoice, or paper, belonging to or under the
control OF the defendant or claimant, will
tend to prove any allegation made by the
UDited 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 a no
tice TO the defendant or claimant to pro-
duce such book, invoice, or paper III court,
at a day and hour to he specified IN said noe
tlce, which, together with copy OF sad
motion, shall he served formally on the de-
tendant or claimant 10y the United States
marshal by delivering to him a certified
copy thereof, or otherwise serving the same
rs original notices OF suit in the same COur-
are served; and if the defendant or clalmt
ant shall fail or refuse to- produce such
book, invoice, or paper in obedience to such
notice, the allegations stated in the said mo-
tion shall be taken as confessed unless his
failure or refusal to produce the same shall
be explained TO the satisfaction of the court.
And if produced, the said attorney shall be
permitted, under the direction Of the cOHTt,
to make examination tat which examina-
ton the defendant or claimant. or his agent.
may he present. OF such entries in said
book, invoice, or paper as relate TO or lend
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
custody OF them, except pending their OK
animation in court as aforesaid.
SEC. g. That no payment shall he made
10 any person furnishing information in
any case wherein judicial proceedings shall
nave been instituted, unless his claim to
compensation shall have been established
to the satisfaction of the court or Judge nav
ing cOgnlZance OF such proceedings, and
the value of his services duly certified nv
said court or Judge for the Information Of
the Secretary of the Treasury; but no GER
tiIcate 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 proceedings,
the Secretary of the Treasury shall. before
directing payment to any person claiming
such compensation, require satisfactory
nroof that such person is Justly entitled
thereto.
SEC. 7. That except in cases OF snug
Cling as aforesaid. 1t shall not be lawful toi
any officer of the United States, under any
pretense whatever, directly or indirectly,
to receive, accept or contract. for any nor
ton 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
so receive, accept, or contract Tor any por-
ton of the money that may accrue as aiore-
said shall be guilty OF a misdeneanor, and
on conviction thereof, shall be liable To a
nne not exceeding tive thousand dollars,
or Imprisonment for not more than one
wear, or both, in the discretion OF the court,
and shall not be thereafter eligible to any
office OF honor, trust, or emOiument Aud
any such person so furnishing information
as aforesaid, who shall pay to any such officer
of the United States. or to any person tOI
his use, directly or indirectly, any portion
of said money, or any other valuable thing
ON account Of or because Of such money
shall have a right OF action against such
officer or other person, and his legal repre-
sentatives, to recover back the same, OF
the value thereof.
SEC. s. That no officer, or other person
entitled TO or claiming compensation uu-
der any provision Of this act, shall be
thereby disqualified from becoming a wit
ness in any action, suit, or proceeding fol
the recovery, mitigation, or remission
thereof, but shall be subject to examination
and cross-eXaminatiOn III like manner
with other witnesses, without being there
by deprived of any right, title, snare, OF
interest in any hne, penalty, or forfeiture
10 which such examination may relate
and in every such case the defendant OF
defendants may appear and testify and he
examined and cIOss-examincd in like
manner.
SEC. Q. That except in the case OF per
sonal effects accompanying the passenger
no importation exceeding one hundred
dollars in dutiable value shall be admit tied
TO entry without the production of a duly
certified invoice thereof as required by
law. or of an affidavit made by the owner
importer, or consignee, before any Officer
authorized to administer Uaths, showing
why 1t is lmpracticable to produce such
invoice.
SEC. 10. That no entry shall be made in
the absence OF certified invoice, upon al
tidavit as aforesaid, unless such affidavit
be accompanied by a statement in the
form of an invoice or otherwise, showing
either the actual cost of the merchandise
included in such importation. or, to the
best OF the knowledge, Information and
belief Of the deponent, the foreign market
value thereof; which statement shall be
verified by the owner, importer, consiguee
or agent desiring 10 make entry OF The
merchandise, and which oath shall be ad.
ministered by the collector or his deputy.
SEC. IL. That before such oath is taken
II shall be lawful for the collector or dep
utv administering the same TO question
the deponent touching the sources of hi,
knowledge, information, or belief in the
premises, and to require him to make oath
To the same, and to produce any letter OF
paper, in his possession OF under his con,
troll, which may assist the officers OF the
customs in ascertaIning the dutiable value
Of the importation, or any part thereof
and in default of such production, when
so requested, such owner, importer, con-
signee, ana agent shall be thereafter de,
barred from producing any such letter on
paper for the purpose OF avoiding any nom
atty or forfeiture incurred under this act,
unless he shall show 10 the satisfaction oil
the court that il was not in his power 10
produce the same when SO demanded.