The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-12-01
and snail be eolectabe as provided by law in respect

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SEC Is That it shall be the duty of any officer or
person employed in the customs revenue service Of
the United States upon detection of any violation
of the customs laws, forthwith to make complaint
thereof to the collector of the district whose duty
attorney Of The district in Which such frauds shall
be committed. Immediately upon the receipt OF
such complaint, if in bis judgment, it can De sns
70 cause investigation into the facts to be made Pc
fore United States commissioner having Jurisilc-
ion thereof and to initiate proper proceed nss 70
recover the fines and penalties in the premises, ana
To prosecute the came with the utmost diisence TO
final judgment.
ugs in any court of the United States now pend
ing or hereafter commenced or prosecuted to en-
force CT declare the forfeiture OF any goods wares
or merchandise. to recover the value thereof,
or any other sum alleged 10 be forfeited by
reason of any violation of the provisions Of the
which action suit or proceeding an issue issues
Of TACT shall have been joined, it shall be the duty OF
the court the trial thereof to submit to the jury
distinct and separate proposition, whether the
alleged acts were done with an actual intention to
defaud the United States, and to require upon such
proposition a special finding by such jury. or, if
such issues be tried by the court without jury, it
shall be the duty Of the court to pass upon and de-
eide such proposition as distinct and separate find
ing OF fact and in such cases, unless ntent to de-
frau shall be found, fine, penalty, or forfeiture
shall be imposed. r ~
SEC. II. That whenever, for an alleged violation
of the customs-revenue laws, any person who shall
be charged with having incurred any fine, penalty,
forfeiture, disability other than Imprisonment,
shall be interested in any vessel or merchandise
seized subject seizure, when the appraised val
of such vessel or merchandise seized or sub
ject to seizure is not less than one thousand
dollars, shall present his petition to the judge OF the
district in which the ALLEGED violation occurred Or in
which the property is situated, setting FORTH truly
and the aes and % a q t the
case, in his judgment, required proceed to inquire,
il summary manner into the circumstances OF the
for that purpose, of which the district attorney and
the collector shall be notified by the petitioner, in
the petition should be refused.
Sec. IS. That the summary inve stigation hereby
provided for may be held before the judge to whom
before any United States commissioner for such dis
tric and the facts appearing thereon shall be stated
and annexed to the petition and together with GER
titled copy of the evidence, transmitted to the Sec
rotary of the Treasury, who shall thereupon have
power to mitigate remit such fine, penalty. or for
feure or remove such disability or any part thereof,
f. in his opinion the same shall have been incurred
without wilful negligence any intention of fraud
in the person or persons mourning the same, and to
direct the prosecution if any shall have been insi-
tuted Tor the recovery thereof TO cease and be DIS
continued upon such terms or conditions as he may
SEC 10. That it shall not be lawful for any officer
or officers of the United States to compromise or
the customs laws for any fine penalty, for eiture
incurred by violation thereof; and any officer or
person who shall SO compromise or abate any such
claim, or attempt to make such compromise or abate-
mept, in any manner relieve attempt to relieve
fom such fine penalty, Or forfeiture, shall be deemed
guilty q eTn ana on no shall
and be fined not exceeding ten Thousand dollars:
Provided. hoacever That the Secretary Of the Treas
ury shall have power to remit any fines, penalties,
forfeitures, or to compromise the same, in accord
apce with existing law.
SEC. 90 That whenever any application shall be
made to the Secretary of the Treasury for the mti
cation remission of any fine penalty forfeiture
or the refund OF any duties in case the amount in
volved is not less than thousand dollars the ap-
plcant shall notify the district attorney and the col
1ector Of customs of the district in which the duties
fine, penalty or forfeiture accrued; and it shall be
the duty OF such collector and district attorney to
furnish to the Secretary of tina Treasury all pract
cable information necessary to enable him to protect
the interests of the United States.
SEC. 81. That whenever any goods, wares. and
merchandise shall have been entered and passed free
Of duty, and whenever duties upon any imported
goods, wares, and merchandise shall have been iqui-
dated and paid, and such goods, wares, and mer-
chandise shall have been delivered to the owner i'm
& and sae ~ nes sa
after the expiration of one year from the time of
entry in the absence Of fraud and in the absence Of
protest by the owner, importer AGENT or consgnee,
be final and conclusive upon all parties.
SEC. q. That no suit action to recover any Pc
9u ner tb penalty 9asann Of Pc X
States shall be instituted unless such suit action
shall be commenced within three years after the
time when such penalty forfeiture shall have ac-
crued: PrOcide, That the time of the absence from
United States Of the person subject to such penalty
forfeiture of any conceament or absence of the
property shall not be reckoned within this periodof
limitation. Fsa
SEC 23 That in lieu of the salaries, moieties, and
perquisites OF whatever name or nature, and COM
msslons on disbursements now paid to and received
by the collectors naval officers, and surveyors COR
nected with the service In the several coec
ton districts OF the United States hereinafter named
there shall be paid from and after the first day of
July, eighteen hundred and seventy-four, an annual
salary, as follows:
I9 tne collector OF the district OF New York,
twelve thousand dollars.
10 the collectors OF the districts Boston and Of
CharleStown, Massachusetts,; and Philadelphia,
To the collectors Of the district Of San Francisco
California; Baltimore, MARYLAND; and New Orleans,
Louisiana, each seven thousand dollars.
10 the collector of the district Of Portland and
Falmouth, Maine, six thousand dollars.
70 the naval officer for the district Of New York,
elgnt thousand d,ilars.
Charlestown, Massachusetts; and San Francisco,
California; and Philadelphia, Pennsylvania, each
i've thousand dollars.