Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1874-09-09
OFFICIAL.
laws OF THE UNITED STATES.
- a, ths First Session Of the Forty-7hfrd Con
POSSE" Wv qress.

GENERAL NATURE-No. ISL
80, .nr IN amend the customs-revenue laws and
to repeal moie'ies' u......
rSs ! lie United sstes o. Hnes c,nu coro tsa a.
Sanio'eu' n Act to prevent smuggling and for 9TH
en., urnoses' approved July eighteenth, eighteen
hundred and sxtysx ana so t o,
~ he proceeds Of fines, penalties and 1orieltures
vnrred nader the laws relating TO the CUSTOMS and
for other purposes approved Marc, and Se So eg
cen hundred anu eiA'' -'S'N ' ~ VS.
hereby, repealed. ,a, ,,,,,,,, 49,.
- If any fnes penalties, or forfeitures. under
I'VE ton,s-reyenue laws, or any share therein.
laa,ummissen thereon are paid to nformers or OIL
cers Of customs, or o'her omcers OF the United
seds are hereby repealed and from and after The
at n the passage Of this act the proceeds of all
n Gnes penalties, and forfeitures shall he paid to
the treasury of the United states.
Svr That 1t shall hereafter be the duty of the
,cre,ary OF the Treasury, out of any money spe-
deelly appropriated by Congress, to make suitable
Cnmpensation in certain cases under the customs
sevepue laws as hereinafter prpvid d. and not 9TH
,rIse aud for the purpose OF making such COM
uuomsation for the next fiscal year, the sum one
plndred thousand dollars Is hereby appropriated out
Nv any money In the treasury not otherwise apprO
r,sted and he shall annu My report TO Congress,
p deta,l. ali payments by mm for such purpose.
III ~ IN Al whenever any officers OF the customs
nther person shall detect and seize goods, wares,
or merchandise, in the act OF being rmugged, he
Sna he entitled to such compensation therefor as
OF tine lTedSuT1 Sudll dMuTu, NOT tN-
l oinu in amount one-haif of the net proceeds, II
any resulting from such seizure, after deductng all
niIps costs, and charges connected herewith
provldel That for fhe purposes of this act, Snug
iing shall be construed to mean the act, with In
1enf 10 effaud, of bringing into the United states,
or with like intent, attempting 10 bring into the
Initel States, dutiabe articles without passing the
same or the package containing the same. through
tne custom house, submitting them TO the officers
Of the revenue for examination. And whenever
snv uers0n not an officer of the United States shall
furnish to the district attorney, or TO any chef OIL
Ter Of the customs original information concerning
auy fraud upon this customs,reyenue perpetrated or
rontempated which shall lead to the recovery OF
any duties wthhe d, or of any fine penalty, or for
fetare Incurred, whether by importers or their
agents. or by any oiicer or person employed IN the
c1stons-service, such compensation may. on such
recovery be paid to such person so furnishing info
nation AZ shall be just and reasonable, not exceed
inc IN any case the sum of five thousand dollars
witch COMPENSATION shall be paid, under the drec-
HIN of the Secretary of the Treasury, out of any
money appropriated for that purpose.
sEc5 That In all suits and proceedings other than
criminal arising under any OF the revenne-aws 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 defendant or claimant, will tend to
prove any allegation made by the United States, may
make a written motion particularly describing such
hook invoice, or paper, and setting forth the allie
CATION which he expects to prove; and thereupOn
The court In which suit or proceeding is pending
may, at It's discretion, issue notice TO the defend
ant or claimant TO produce sucn book, invoice, OF
paper IN court at day and hour to he specified In
sai notice, which, together with copy of said
motion, shall be served formally on the defendant OF
rlamgnt by the United States marshal by delivering
10 him certified copy thereof, or otherwise serv
Ing the same original notices OF suit In the SAME
roult are served and II the de PENDANT or claimant
shall fall or refuse to produce such book, INVOICE OF
paper III obedience to such notice, tile allegations
stated IN the said motion shall he taken as confessed
unless his failure or refusal To produce the same
4hal he explained to the satisfaction of the court
And II Produced the said attorney shalt be permit
ted, under the direction OF the oout t, TO make ex
animation lat when examination the defendant OF
claimant. or his agent, may be presently OF such en-
ircs IN said book, invoice, or paper as relate TO OF
lend To prove the allegation aforesaid, and may 0ei
The same in evidence behalf of the Fitted State,
Rut the owner of SAID hooks and papers, his agen
or Attorney shall h-ve, subject To the order of the
court, the custody OF them, except pending theil
examination ia court as aforesaid.
Shc d lhat no payment shall he made TO any per
SON furnishing information In any case wherein ju
drla proceeding shall have been instituted, unless
Ills clam TO compensation shall have been estab
lshed to the satisfaction OF the court or Judge hav
ing cOgnzance of such proceedings, and the valu,
Vt his services duly certified by said court or judg
for the information OF the Secretary of the Treas
ury but no certificate Of the value of such services
shall he conclusive OF the amount thereof. ANT
when any fine, penalty, or forfeiture shall be col
lectel without judicial proceedings, the Secretar,
VI the Sreas ufy but no certificate OF the value U
snch services shall be conclusive of the amour
thereof And when any line, penalty, or forfeiture
shall he collected without judicial proceedings, thu
secretary OF the Treasury shall, before directing
payment to any person claiming such compensation
require satisfactory prorf that such person is lust
entitled the eto
SEC Z That except in cases of smuggling as afore
said, it shall not he lawful for any onicer Of tn
United statcs, under any pretense whatever, direc
~ or Indirectly to receive, accept, contract 70
amy portion OF the money which may, under all
ri the provisions Of this or any other act accrue
any sleh person furnishing information and an
such officer who shall receive, accept, or cOntrac
Tor any portion OF the mOhey that may accrue a
aforesaid shall be guilty of a mlsdemeanor and, o
conviction thereof, shall be liable to fine not eS
ceedl0g five thousand dollars, or Imprisonment IL
not more than one year, or BOTH In discretion of tll
court, and shall not be thereafter eligible to any
hreO honor, trust, or emOlument Aud and sue
person 81 furnishing Information as aforesaid VIII
shall pay to any sucn otiicer OF the United states,
10 any person ior ms uie, directly or INDIRECTLY an
portion OIL sad money, or any other valuable thiui
on account Of or because of such money, snail hay
right of action against such officer other perso
and his legal representatives, to recover hack III
same, or the value thereof.
SIG $ That no oiccr or other person entitled to
canning compensation und r any provision oil TIL
act snail be thereby disqualified from becoming
witness In any action, SUIT, or proceeding Tor the r.
rOvefy, mitigation, or remission thereof, hut sha
nc anDlect to ca animation and cross examination
IKE manner with other witnesser without belI
thereby deprived of any right, title, share, int
esl N any line, penalty, or iOrleitu to which sue
examination may relate and in every such CA
lhe leiehdant or defendants may appear and tesi
ami examined and cross examined In like mann
Sec That except in the case OF personal eilec
accompanying the passenger, no importation e
teeuhg one hundred dollars IN dutlable value slit
NJ admitted TO entry without the prediction OF du
certified Invoice thereof as required by law, or
an andaylt made by the owner, Importer, or Co
'lHnee, before any oficer authorized to administ
ualls, showing why It IS impraccable to prOdu
such invoice
SEC 10 That no entry shall be made In the absen
certified invoice, upon affidavit as aforesai
unl.sS siel alhdayit be accompanied by stat
lelll, IN Inc form OF an invoice or otherwise, sho'
hg either the actual cost of the merchandise incl
le,l III shcl Importation or, to the hest of the knt
n'Re- information, and belief OF the dep0nent, t
lelrgn market value thereof which stateme
snail ne verified by the owner, importer, consignt
VI asull desiring to make entry of the merchand
all winch oath shall be administered by the cole
lor Or his deputy
st' II That before snch oath is taken, 1t shall
'aWlnl Tor the collector or deputy adminlsterinli
SaIie 10 question the deponent touching the sollrt
VI MS knowledge, Information or belief on tue p
nlsts' anu require HIM TO make oath to the sai
anu u produce any letter or paper, in his pOssessl
~, uu'ler nus control, which may assist the oflc
W tlle customs IN ascertalng the dutable value
t ne Importation, or any part thereof ; and IN
,all OF such production, when SO requested, 81
"mmhet importer, cOnsignee and agent shall he thu
"gl uepaTred from producing any such letter
inp'i LOT Vie purpose Of avoiding any penalty
mnilnllur incurred under this act unless he II
ip N 10 the satisfaction Of the court that 1t was
inls lower To produce the same when 50
lnanded
81 " That any owner, importer, conslgnee az
H. ~ ".ner person who shall, with intent to deiri
'Ip revenue, make, or attempt to make, any en-
W. , Imported merchandise, by means of any frau
ae or lalse INVOICE affidavit, letter. or paper, OF
ssails ol any false statement written or veri al
"mn snal be guilty of any wilfu act or omission
Nv V Az whereof the United States shall lie depr
VI tue lawful dulles, or anV norton thereof acc