Year: 1868

Decision OF Secretary McCuIlOch I'm Relation


70 the Cancellation of Bonds.


The Secretary of the Treasury has decided that
1t s the duty OF parties desiring cancellation OF their
bonds to produce the requisite proofs the form
qutred by law and regulations. In case an exact
compliance is from circumstances beyond their con-
troll impracticable they must conform to the extent
OF their ability and supply the defect by the best
evidence In their power to obtain. They
must then present such proofs to the col
lector OF the port having charge Of the
bond and request him to transmit the
same to this department for consideration and for
such action thereon as may be proper. According
to the settled rules and practice OF the department
celled custom house bonds ceases with their ma
turty, and after their transmission to United
thorized to return such bonds to the custom house
for any purpose except when instructed to do 80 by
this department. Applications for relief before ma
before actual Transmission Of the bonds for
where the proof sSbmitea saoWs BEYOND any
able doubt that there has been substantial COM
pliance with Their conditions and that the govern.
ment Will lose nothing by so doing, authorize the
collector to cancel such bonds. But when it has be-
come the duty of the United States Attorney to sue
with the regular course of procedure, except upon
application to the District Attorney and q report
from him through the Solicitor Of the Treasury.
The act OF March 7, 1867, prescrlbes how the
proceeds Of fines, penalties and forfeitures incurred
for violation Of claws relating to2cusomsn shall be
be made by the Secretary of the Treasury. The dis
ribution OF fines &C., incurred and paid prior to the
time when the act took effect Ia to be made according
to former usage under the direction of the collector
This distribution will be governed by the provisions
OF the statute imposing the penalty. Neither col
ect0rS naval oncers nor surveyors can In any case re-
ceve shares as nformer5 and appraisers can receive
no portion Of forfeiture incurred by reason OF under
valuation The lnformer's share Is such only as Is
provided for by the statute violated and
the regular statutory remedy must be ap-
Piled to enable noia hIm to claim ;s.,Nu1'ae T. Where
provided by the particular statute violated the
method will generally be discovered in some original
statute to which the act nringed Is supplementary
or amendaory; but where no provision can be found
for the distribution Of the proceeds otherwise the
Also when the proceedings for the recovery not
such provided, In order to enttle individual to
lay claim to the informer's share, the whole sum
vests In the government on payment OF the hne


Report Of Moneys Received In the Treasury


on Account of Property Seized, Condemned


and COnfscated.


The Secretary Of the Treasury sent to the Senate
to-day q communication enclos ing q statement Of all
moneys received into the Treasury on account Of
property seized, condemned and cOn6scated, under
the act Of July II, 1862. The entire amount Of the
proceeds Of the property sold Is nearly $3.50, 900.
1t situated In the District OF Columbia, Northern
New York, Delaware, West Virginia, Kentucky, East





Indiana, Michigan and Arkansas and belonged to
those who personally gave aid and comfort to the
rebellion The Secretary Of the Treasury says that
the records OF the Registers office show amount
three tunes as large, stated to have been
received and conveyed into the Treasury on
account OF confscation but 1t is supposed that by
reason of the Indebtedness in the certificates OF
post in conformity with which the cover warrants
were issued, the clerk In charge may have included
under the same head OF condscatlon under the &C,
of conscatiOn Of July 1862, sums which either
realized as proceeds Of captured or abandoned
property, indefinitely called confscabe. The his
tory OF these cases is not on the records in the de-
partment.~