Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1874-09-17

OFFICIAL.
Laws of the United States Passed at
the First Session of the FOrty-ThIrd
Congress.
GENERAL NATURE-No. IS.
AN ACT to amend the custom-revenue laws
and to repeal moities.

and to repeal noities.
Be it enacted By the Senate and House of Rep
Tesentqtiues of the United States Of America in
Congress assembled, That the thirty-ninth sec
tion of the act entitled can act further to
| prevent smuggling and for other purposes, -
approved July eighteenth, eighteen hundred
| and sixty six; and the second section of the
act entitled Gan act to regulate the DISPOSE
tion of the proceeds of fines, penalties and
| forfeitures incurred under the laws relating to
the customs, and for other purposes" ap.
proved March second, eighteen hundred and
| sixty-seven, be, and the same are hereby. re
| Pealed.
SEC. 2. That all provisions cf law under
| which moities of any fines, penalties or for
! FIXTURES, under the customs revenues laws, or
any share therein, or commission thereon, are
| paid to informers, or officers of customs, OF
other officers of the United States, are hereby
repealed; and from and after the date of the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 it 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. s.revenue laws, as herein pro-
vided and not otherwise; and for the purpose
of making such compensation for tie next
| fiscal year, the sum of one hundred thousand
dollars is hereby appropriated out of any
/
! priated; and he shall annually report to Con
gress, in detail, all payments by him for such
| purpose.
SEC. 4. ThOt whenever any officer of the
custems other person shall detect and seize
goods, wares or merchandise in the act of be-
| ing smuggled, or which have been smuggled
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, if any, resulting from such
seizure, after deducting all duties. costs and
charges connected Herewith: Prouided. That
for the purposes of this act, smuggling shall
be construed to mean the act, with intent to
defraud, of bringing into the United States
or with like intent, attcmptin to bring into
the United States, dutiable articles without
passing the same, or the package containing
the same, through the custom-house, or sub
mitting them to the officers of the revenue for
examination. Aud whenever any person not
an officer of the United States shall furnish TO
district attorney, or to any chief officer of
the customs, original information concerning
any fraud upon the customs-revenue, perpe-
trated contemplated, which shall lead to
the recovery of any duties withheld, or of any
fine, penalty, forfeiture incurred, whether
by importers or their agents, or by any officer
or person employed in the custums-service,
such compensation may, On such recovery, be
paid to such person so furnishing information
as shall be Just and reasonable, 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, ont
of any money appropriated for that purpose.
g SEC. 5. 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
paper, belonging to OF under the control of the
defendant or claimant, will tend to prove any
allegation made by the United States, may
make written motion, particularly describ-
| ing such book, invoice or paper, and setting
forth the allegation which he expects to prove;
and thereupon the court in which suit or pro-
| ceeding is pending may, at its discretion, is
sue a notice to the defendant or claimant to
produce such book, invoice, or paper in court,
at day and hour to be specified in said no
| tice, which, together with copy of said mo-
ton, shall be served formerally on the defend
ant or claimant by the United States marshal
| by delivering to him a certified copy thereof,
or otherwise serving the same as original no
| tices of suit in the same court are served; and
if the defendant or claimant shall fail or re-
| fuse to produce such book, invoice, or paper in
obedience to such motion, the allegation sta :
! ted in such motion shall be taken 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
| court. to make examination Cat which examl-
nation the defendant OF claimant, or his agent
may be present. of such entries in said book,
invoice, or paper as relate to or tend to prove
the allegation aforesaid, and may offer the
same in evidence behalf of the United
Sta tes. But the owner of said books and pa
pers, his agent or attorney, shall have, subject
to the order of the court, the custody of them
except pending their examination in court al
| aforesaid.
SEC. 6. That no payment shall be made tt
any person furnishing information in any cas-
| al hall hou haaT
instituted, unless his clam to compensation
shall have been established to the satisfaction
of the court OR judge having eognizance 0
such proceedings, and the value of his ser
vices duly certified by said court or judge fo
the information of the Secretary of the Treas
ury; but no certificate of the value of sucl
services shall be conclusive of the amour
thereof. And when any fine, penalty, for
feiture shall be collected without judicial pro
ceedings, the Secretary of the Treasury shall
before directing payment to any person claim
ing such compensation, require satisfactor
proof that such person is justly entitled there
to.
SEC. Z. That except in cases of smuggling
as aforesaid, it shall not be lawful for any of
ficer of the United States, under any pretens
whatever, directly or indirectly, to receive
accept, or contract for any portion of tn
money which may, under any of the provis
ions of this or any other actj accrue to an,
such person furnishing information; and an
such officer who ehall so receive, accept, c
contract for any portion of the money the
may accrue as aforesaid shall be guilty of
misdemeanor, and, ON conviction thereof, sha
be liable to fine not exceeding five thousan
I dollars, or imprisonment for not more than or
year, or both, in the discretion of the ceur
and shall not be thereafter eligible to any Of
fee of honor, trust, or emolument. And an
such person SO furnishing information 6
aforesaid, who shall pay to any officer of th
IL kHAA - L
directly or indirectly, any portion of sal
money, or any other valuable thing, on &C
count or because of such money, shall have
right of action against such officer or otht
person, and his legal representatives, to reco
er back the same, or the value thereof.
Sec. 8. That no officer or other person Ell
titled to or claiming compensation under ar
provisions of this act, shall be thereby di
qualified from becoming a witness in any a
ton, suit, or proceeding for the recovery, mi
igation, or remission thereof, but shall be su
iect to examination and cross-examination
like manner with other witnesses, without b.
ing thereby deprived of any right, title, sha
D or interest in any fine, penalty or forfeiture
which such examination may relate; and
every such case the defendant or defendan
msySappear and testify and be examined al
cross-examined in like manner.
SEC. 9. That except in the case of person
effects accompanying the passenger, no in
portation exceeding one hundred dollars
dutiAble value shall be admitted to entry wit
out the production of duly certified invoi
thereof as required by law, or of an affida1
made by the owner, importer. or consigne
before any officer authorized to administ
= oaths, showing why it is imprac ticable
produce such invoice.
SEQ. 10. That no entry shall be made in t
n absence of a certified invoice, upon aflda,
's' as aforesaid, unless such affidavit be accOl
y panied by statement, in the form of an il
uOia of ohn l.,
= cost of the merchandise included in such i
portation, or, to the best Of the knOwled,
information, or belief of the deponent, t
> foreign maFket-value thereof; which stat
ment shall be verified by the owner. import,
conSignee, or agent desiring to make entry
the merchandise, and which oath shall be a
ministered by the collector or his deputy.
SEE IL. Tint hafora snnh onth - tniar