The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-12-01
LAWS
UNITED STATES
FirstSession the FOrty-Third Congress.
GENERAL NATURE-No. ISL
PASSED AT THE

Be enacted By the Seaa'e and House Of Repre-
sentatices Of the United States of Amegica in Con-
gess assembled That the thirty section of the
act entitled IAN act further to prevent smuggling.
and for other purposes" approved July eighteenth,
eighteen hundred ana sixty-six; and the second sec
honof the act entitled An act to regulate the dis
FIXTURES incurred under the laws relating to the
soms, anu ior other purposes approved March
second, eighteen hundred and sixty-seven, be, and
the same are hereby, repealed.
SEC. 2. That all provisions of law under which
moeties OF any fines, penalties Or forfeitures under
the customs-revenue laws, any share therein, or
commission thereon paid to lnformers, officers
Of customs, or other officers of the United states.
are hereby repealed; and from and after the date Of
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 spe-
specifically appropriated by Congress, to make suit
able compensation in certain cases under the Gus
toms-revenue laws as hereinafter provided and not
otherwise; and for the purpose of making such COM
pensation for the next fiscal year, the sum of
hundred thousand dollars is hereby, appropriated
out OF any money in the Treasury not otherwise
appropriated; and he shall annually report to Con-
gress, in detail, all payments by him for such pur-
pose. ~ ~ 81 -
SEC. T.. That whenever any officer OF the Gus
toms or other person shall detect and seize
goods, wares, OF merchandise, in the act of being
smuggled or which have been smugged, he
shall be entitled to such compensation therefor as
the Secretary Of the Treasury shall award, not ex-
ceedins in amount one half of the net proceeds if
any resulting from such SEIZURE after deductiug all
duties. costs, and charges connected Herewith:
Prooided That for the purposes of this act, SNUG
glng snail be construed to mean the act, with in
tent to defraud of bringing into tho United States
or, with like intent, attempting to bring into the
United States, dutiabe articles without passing the
same, OF the package containing the same, through.
the house, or submitting them to the officers
OF the revenue for examination. And whenever
any person rot 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, perpetrated OF
contemplated, which shall lead to the recovery of
any duties withheld, of any fine penalty or for
felture incurred, 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 50 furnishing in
formation as shall be just and reasonable, not ex-
which Compensation shall be paid, under Che direc,
ton of the Secretary of the Treasury, out OF any
money appropriated for that purpose,
criminal arising under any of the revenue laws OF
the United States, the attorney representing the
government, whenever, in his belief, any business
book invoice, or paper belonging to under the con-
troll Of the defendant or claimant, will tend to prove
any allegation made by the United States NAV make
Written motion, particularly describing such book
invoice or paper, and setting forth the allegation
which he expects to prove; and thereupon the court
III %1iin SUIT OF is 9endng may at its
ant to produce such book, invoice paper in court
at day and hour to be specified in said notice
served formally the defendant or Claimant nv the
United States marshal by delivering to him certi-
heu copy thereof or otherwise serving the same as
original notices of suit in the same court are served:
and If the defendant claimant shall fail or refuse
TO produce such book invoice or PAPER in obedience
to such notice. the allegations stated in the said mo-
uon snail De taken as confessed unless his failure or
refusal to produce the same shall be explained to the
satisfaction Of the court. And if produced, the
ssia attorney shall be permitted under the direction
OF the eonr to make examination lat which exami-
nation the defendant claimant, or his agent NAV
be presen0 OF such entries in said book invoice OF
paper as relate to tend to prove the ALLEGATION
aforesaid, and may offer the same in evidence On be-
half OF the United States. But the owner of said
BOOKS ana PAPERS his agent or attorney shall have
aforesaid. - 'O'i. as
SEC. 6. That no payment shall be made to anv
person furnishing information in any wherein
Judicial proceedings shall have been instituted uu-
less his claim to compensation shall have been es-
taushed 10 the satisfaction of the court or Judge
having cognzance of such proceedings and the val
ne of his services duly certified by said court or
Judge for the information of the Secretary of the
treasury; but no certificate of the value of such
services shall be conclusive of The amount thereof
And when any fine, penalty or forfeiture shall be
OF the Treasury SHALL before directing PAYMENT to
any person claiming such compensation, REQUIRE
satisfactory proof that such person is justly entitled
SEC z. That except in case of smuggling as afore-
SAID, 1T shall not be lawful for any officer of the
United States under any pretense whatever, directly
or INDIRECTLY 10 receive, accept for any
portion OF the money which may, under any of the
provisions OF this OF any other act, accrue to any
officer who shall receive, accept or contract for
any portion of the money that may accrue as afore-
sala shai be guilty OF misdemeanor, and. on con-
scton tnereof shall be liable to fine not exceeding
five thousand dollars, imprisonment for NOT more
one year, or boh in the discretion of the court and
shall not be thereafter eligible to any office of honor
trust, or emolument. And any such person so fur,
nishing information aforesaid, who shall paw TO
any such officer of the United States or to any per
son for his use directly in directly any portion of
said money, or any other valuable thin on account
Oh or because OF such money, snail have right of
actfh against such officer Or other person, and his
iegai REPRESENTATIVES, TO recover lack the same or
the value thereof
SEC. s. That no officer. or other person entitled to
or claiming compensation under any provision of
this act shall be thereby disqualified from becoming
witness in any action suit proceeding for the re-
coyery mitigation or remission thereof but shall be
subject to examination and cross examination in like
n amer with other witnesses, and without being
thereby deprived of any right title share or inter.
examination may relate; and in every such case the
defendant or defendants may appear and testify and
be examined and cross-examined in like manner.
SEC D. That except in the case of personal effects
accompanying the passenger, no importation exceed
ing one hundred dollars in dutiabe value shall be
admitted TO entry without the production of duly
certned invoice thereof as REQUIRED by law or of an
affidavit made by the owner, importer or consignee
before any officer authorized TO administer oath his
showing why it is impracticable to produce such M
voice, AZ
SEC. 10. That no entry shall be made in the alb
seoce OF certlhed invoice upon affidavit as afore-
sait, unless such affidavit be accompanied by state
ment, in the form of an invoice or otherwise show
ing either the actual cost of the merchandise included
IN such importation, Or to the best of the knowledge
information, and belief of the deponept the foreion
market value thereof which statement shall be YER
oy the oSner importer consgnee, agent
which oath shall be administered by he collector or
SEC. H. That before such is taken. It shall
be lawful for the collector or deputv adminis-
tering the same to question the deponent touching
the sources OF his knowledge, information or belief
IN the premises, and to require him to make oath to
the same and to produce any letter or paper in his
possession under his control which NAV assist the
oIncers OF the customs in ascertainng the duiable
yaue OF the importation, any part thereof and in
default OF such production, when so requested such
owner importer consignee and agent shall be there
per for the purpose of avoiding any pc Saty OF for
eitare incurred under this act, unless he shall show
TO the satisfaction OF the court that it was not in his
power 10 produce the same when so demanded,
SEC. r. That any owner, importer. conscience.
agent or other person who shall, with intent to de-
sne revenue make, or attempt to make, any
or false invoice affidavit letter or paper
or by means OF any false statement written or YER
SIGN by means whereof the United States shall be
deprived OF the lawful Duties any portion there
OF, accrulng upon the merchandise or any portion
taeIeoi embraced or referred to in such Invoice,
letter, paper, or statement or affected by
such act or OMISSION shall for each oense, be fined
IN any sum not exceeding Eve thousand dollars nor
less than fifty dollars or be Imprisoned for anv time
NOT exceeding two years both; and in addition 10
sucn nne, such merchandise shall be forfeted which
enase ~ Tue case or package containing the par
scuar artcle OF articles of merchandise to which
Irauu OF alleged fraud relates; and ANYTHING con-
tapeu IN any act which provides for the forfeiture or
OF an entire invoice in consequence of
any item or items contained in the same being un
dervalued, be, and the same is hereby, repealed.
SEC. 10. That any merchandise enferei nv anv nor
son or persons violating any Of the provisions of the
preceding section, but not subject TO forfeiture nm
der the same section, may, while owned by him or
them, or while in his or their possession, double
ne amount claimed, be taken by the collector and
eld as security for the payment of any fine fines
incurred as aforesaid, or may be LEVEL upon and
sou on execution to satisfy any Judgment recovered
loi any sueh line or fines. But nothing herein con-
aihed snail prevent any owner or claimant from OBJ.
.alning q release OF such merchandise ON giving
oond with sureies satisfactory to the collector or
~ case OF Judicial proceedings, satisfactory to the
court, OF the judge thereof for the payment of anv
nne or lines so Incurred: Provided, koacecer That
such merchandise shall in no case be released until
III accrued duties thereon shall have been paid or se
PIG: H. That wherever any statute requires that
~ de cost OF market value of any goods wares and
~ ~ imported into the United States there
nii W adeu TO the invoice thereof or upon the en-
~ " su9u eoocs. wares, and merchandise charges
of Ihlahu Iran p9rtation, commission port au,ies
expenses OF slppng export duties cost of BAGGAGE.
boxes or otner alcies containing such goods wares
ana merchandise, or any other Incidental eynenSas
attending tle packing, shipping. or exnoTtstion
hereof from the country or place where nnrcbasea
,r manufactured, the omission, without intent tharo
,y to deraud the revenue, to add and state the same