National Republican. (Washington City (D.C.)) 1872-1888, 1874-08-08
GENERAL NAruRE-No. 75.l


and to repeal notifies.
Be & enacted By the Senate and HOUSE, Of Rep
ress,ssdtires Of TIE United States Of Anleriea IN
Con0rsss assembled, That the thirty-ninth sec
ton of the act entitled "An act further 70 pre-
vent smuggling, and for other purposes" ap-
proved July eighteenth, eighteen hundred and
sixty-six; and the second section of the act
entitled t'An act 10 regulate the disposition of
the proceeds Of fines, penalties and forfeitures
incurred under the laws relating to the Gus
toms, and for other purpose" approved March
cecond, eighteen hundred and sixty-seVen, be,
and the same are hereby, repealed.
Sec. 2. That all provisions of law under
which moieties Of any fines, penalties or for
fixtures, under the customs-reyenue laws, or
any share therein, or commission thereon, are
paid to informers, or officers Of customs, or
other officers of the United States, are hereby
repealed; and from and afer the date Of the
passage of this act the proceeds Of all such
fines, penalties and forfeitures shall be paid
into the Treasury Of the United States.
Sec 8. That Il 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 herein
after provided, and not otherwise; and for the
purpose Of making such compensation for the
next fiscal year, the sum Of one hundred thou
sand dollars Is hereby appropriated out Of any
money In the Treasury not otherwise sppro-
priated; and he shall annually report TO Con-
gress, in detail, all payments BY him for such
purpose.
Sec. 4. That whenever any officer of the Gus
toms OF other person shall detect and seize
goods, wares or merchandise IN theact of being
Struggled, or which have been struggled, he
shall be entitled to such compensation therefor
as the Secretary Of the Treasury shall award,
not exceeding IN amount one half of the net
proceeds, II any, resulting from such seizure,
after dedueting all duties, costs and charges
connected Herewith: Provided, That for the
purposes Of this act, smuggling shall be con-
strued TO mean the act, with intent TO defraud,
Of bringing into the United States, or, with like
intent, attempt to bring into the United States
dutiable articles without passing the same, or
the package containing the same, through the
custom house, or submitting them TO the OH
GERS Of the revenue for examination. And
whenever any person not an officer Of the Uni
ted States shall furnish TO a district attorney,
or to any chief officer Of the customs original
information concerning any fraud upon the Gus
toms revenue, perpetrated or contemplated,
which shall lead TO the recovery of any duties
withheld, or Of any fine, penalty or forfeiture In
Cured, 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 30 fur
nishing information as shall be just and reason
able, not exceeding in any case the sum Of five
thousand dollars; which compensation shall
be paid, under the direction Of the Secretary
Of the Treasury, outof 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 attor-
ney representing the Government, whenever,
IN his belief, any business-book, invoice or pa
per, belonging to or under the control of the
defendant or claimant, will tend to prove sny
allegation made by the United States, may
make q written Notion, partic lar describing
such book, invoice or paper, tTd setting forth
the allegation which he expects TO prove; and
thereupon the court in which suit or proceed.
ing is pending may, at its discretion, issue q
notice TO the defendant or claimant to produce
such book, invoice or paper in court, at q day
and hour TO be specified in said notice, 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 serv- |
ing the same as original notices Of suit in the |
same court are served; and If the defendant or
claimant shall fail or refuse 10 produce such |
book, invoice or paper in obedience to such no |
tice, the allegations stated In said motion shall
be taken as confessed unless his failure or re- |
fusal 70 produce the same shall be explained |
to the satisfaction Of the court And if pro /
duced, the said attorney shall be permitted, |
under the direction Of the court, TO make ex- |
animation lat which examination the defend
ant or claimant, or his agent, may be presently !
Of such entries in said book, invoice or paper as
relate 70 or tend to prove the allegation afore-
said, and may offer the same IN evidence on be-
half 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 ex-
animation in court as aforesaid.
Sec. o. That no payment shall be made to
any person furnishing information in any case |
wherein judicial proceedings shall have been
unless his claim TO compensation
shall have been established to the satisfaction
IF the court or judge having cognizance of such
proceedings, and the value Of his services duly
certified BY said court or judge for the inior-
nation Of the Secretary Of the Treasurr; but
10 certificate Of the value of such services
hall 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 direct
ng payment 10 any person claiming such COM
require satisfactory proof that such
person is Justly entitled thereto.
Sec. z. That except in cases Of smuggling as
Aforesaid, It shall not be lawful for any officer
d the United States, under any pretence what
sVeC, directly orindireetly to receive, accept or
contract for any portion of the money WlnI b
may, under any Of the provisions Of this or
10y oLher act, accrue TO any such person fur
.a.AM information; and any such officer who
ihall 30 receive, accept, or contract for any
poTtion OF the money that may accrue as aiore-
'aid shall De guilty Of a mlsdemeanor, and, on
conviction thereof, shall be liable 10 q fine not
preceding nve thousand dollars, or imprison-
nent for not more than one year, or both, in
ne discretion Oh the court, and shall not be
hereafter ehgioie 70 any Office OF honor, trust,
" emolument. And any such person 80 far.
fishing information as aforesaid, who shan psy
o any such officer Of the United States. or to
ny person for his use, directly or Indirectly.
my portion Of said money, or any other vaIus.
lie thing, on account Of or because Of such
aaoney, shall have right Of action sgainst