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

He SUBMITS AMENDMENTS TO TIE PRESENT LAWS
FOR THE CONSIDERATION OF THE WAYS AND
MEANS COMMITTEE-TIIE REPEAL OR MoDHICA-
TON OF THE LAW FOR THE SEIZURE OF BOOKS
AND PAPERS RECOMMENDED.
lBr TELEGRAPH TO THE TRIBUsE.i
WASHINGTON, April 3.-When Judge Noah
Davis testified before the Ways and Means Committee
short time ago. in relation TO the Jayne eItortions he
seemed to be so samar with the working OF the Tariff
laws and 80 competent suggest amendments, that he
was in yted TO prepare bill for the consideration OF the
Committee Messrs. Schultz OF New-York and Hyde OF
Boston had previously been requested to do the same
thing, The following is the bill which the Committee
have received from MIR. Davis:
n, il enacted de- That in all actions. suits and pro-
ceedings in any Of the United States brought or
prosecuted enforce or declare the forfeiture OF any
goods wares or merchandise, or to recover the value
thereof or any other alleged 10 be forfeited by
son Of any violation Of the provisions OF the customs
revenue iawa or any OF such provisions, 10 which
action, suit. proceeding, an issue or issues Of
fact shall have been Joined, II shal be the
duty OF the court the trial thereof TO submit TO
Jury as distinct and separate proposition whether the
alleged acts were done with an actual intention 10 de-
fraud the Government OF the United states o. Its rev.
enues and to require upon such proposition special
h lrsa BY 0S the ss'n court without 'u Jury sna
be the duty OF the court to pass upon and
decide such .propositon distinct and separate
ing of fct aud whenever tho Jury or the court shall
And That such acts done with actual Intention
defraud the recovery and judgment entered hereupOn
shall not RENTED, either in whole or in part. by the
That whenever any statute requires that to the
cost or market value Of any goods wares and merchan
s lsgi be- added to the invoice thereof,
OF upon the entry Of such goods. wares.
commissions port duties expenses OF shipping, export
duties cost of packages boxes or other articles con
other Incidental expenses attending the packing. ship
ping expectation thereof, from the country or place
T e the same on such invoice or entry shall nor he
cause OF forfeiture OF such goods, wares and mer-
chandise. or Of the value thereof; but In all
cases where the same, or any part thereof. are
omitted 1t shall be duty Of the collector appraiser
to add the same for the purposes Of duty to such In
or amount he shall deem just and reasonable which
add thereto in addition, the further sum OF so per
centum OF the price or amount so added which addition
shall constitute part OF tne anta1ie value OF such
as provided by law in respect TO duties on imports.
SEC g. That hereafter all ad yaorem duties goods
wares and rchandse, shall be assessed, levied, and
collected the market value OF the same 1T the time OF
expectation thereof whether such market value be
less than the cost or purchase price OF such
goods which market value shall be ascerained In the
manner now provided by law. in cases where goods
wares and merchandise have been obtained otherwise
than by purchase, and to which market value
shall DO made the additions mentioned in referred TO
by the second section or THIS net and all statutes
providing different basis OF duty, where goods are
purchased and imported the owner thereof hereby
modified or repeoed as the operation OF this section
may require
THE SEIZURE OF BOOKS AND PAPERS
recommend the entire repeal Of all laws allowing
the seizure books papers, but If that be done
I suggest the following amendments:
SEC That whenever warrant shall be issued for
the seizure OF hooks and papers under the provisions Of
the act entitled IAN Act" &c, IL shall be the duty
the Marshal officer who makes such seizure return
such warrant, with his proceedings thereon fothw
10 the judge Issuing the same. and TO bring all
books and papers seized thereon before the said
and thereupon citation shall be issued forthwith by
said court judge, directed 10 the party or parties
whose books and papers may have been seized. and
persons from whose possession they may have been
taken, requiring him or them to show cause, on day
be specified In such citation, before the court judge
xVby the examination OF such books should NOT
be permitted; that mt the time and place
40 specined or at such times aud places
as the same for good reasons may be continued by the
ourt or Judge tho parties may appear and be heard
person or by attorney, and such hearing ques
ion may DO made w THO sunoienoy OF tho stidavis