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CAPTURED AND ABANDONED PROPERTY.

Acts of Congress relating to captured and abandoned property, commercial inter

course with and in States and parts of States declared in insurrection. Captured and abandoned property act as construed by the courts. Nonintercourse acts construed by the courts, etc. Statement showing the whole amount of money received into the Treasury on account

of captured and abandoned property and the amounts paid out from time to time,

etc. Cotton, tax on, laws to provide for the collection of a tax on cotton, etc.

[1 Stat. L., p. 697.] AN ACT To regulate the collection of duties on imports and tonnage,

referred to in fifth section of the act approved May 20, 1862, and fourth section of the act approved March 12, 1863, appended hereto. Sec. 91. And be it further enacted, That all fines, penal- of Distribution

, ties, and forfeitures recovered by virtue of this act (and and forfeitures. not otherwise appropriated) shall, after deducting all proper costs and charges, be disposed of as follows. One moiety shall be for the use of the United States, and be paid into the Treasury thereoí by the collector receiving the same; the other moiety shall be divided between and paid in equal proportions to the collector and naval officer of the district and surveyor of the port wherein the same shall have been incurred or to such of the said officers as there may be in the said district; and in districts where only one of the aforesaid officers shall have been established, the said moiety shall be given to such officer: Provided, nevertheless, That in all cases where such penalties, fines, and forfeitures shall be recovered in pursuance of information given to such collector by any person other than the naval officer or surveyor of the district, the onehalf of such moiety shall be given to such informer, and the remainder thereof shall be disposed of between the collector, naval officer, and surveyor or surveyors, in manner aforesaid:

Provided, also, That where any fines, forfeitures, and penalties incurred by virtue of this act are recovered in consequence of any information given by any officer of a revenue cutter, they shell, after deducting all proper costs and charges, be disposed of as follows: One-fourth part shall be for the use of the United States, and paid into the Treasury thereof in manner as before directed; one-fourth part for the officers of the customs, to be distributed as hereinbefore set forth; and the remainder thereof to the

59

Persons

en

officers of such cutter, to be divided among them agreeably to their pay:

And provided, likewise, That whenever a seizure, condemnation, and sale of goods, wares, or merchandise shall take place within the United States, and the value thereof shall be less than two hundred and fifty dollars, that part of the forfeiture which accrues to the United States, or so much thereof as may be necessary, shall be applied to the

payment of the cost of prosecution. titled to a share

And be it further provided, That if any officer or other of the fines, may person entitled to a part or share of any of the fines, pen

,

alties, or forfeitures incurred in virtue of this act, shall be necessary as a witness on the trial for such fine, penalty, or forfeiture, such officer or other person may be a witness upon the said trial; but in such case he shall not receive, nor be entitled to any part or share of the said fine, penalty, or forfeiture, and the part or share to which he otherwise would have been entitled shall revert to the United States.

Approved, March 2, 1799.

[12 Stat. L., p. 255.]

AN ACT Further to provide for the collection of duties on imports,

and for other purposes.

When impracticable to collect

same district.

Be it enacted by the Senate and House of Representatives duties at any of the United States of America in Congress assembled, port district, xhip That whenever it shall, in the judgment of the President, may be collected by reason of unlawful combinations of persons

in opposidelivery in the tion to the laws of the United States, become impracti

cable to execute the revenue laws and collect the duties on imports by ordinary means, in the ordinary way, at any port of entry in any collection district, he is authorized to cause such duties to be collected at any port of

delivery in said district until such obstruction shall cease; Powers of sur; and in such case the surveyors at said ports of delivery veyors at such shall be clothed with all the powers and be subject to all

the obligations of collectors at ports of entry; and the Secretary of the Treasury, with the approbation of the

of President, shall appoint such number of weighers, Treasury to appoint weighers, gaugers, measurers, inspectors, appraisers, and clerks as

may be necessary, in his judgment, for the faithful execu

tion of the revenue laws at said ports of delivery, and shall Limits of ports fix and establish the limits within which such ports of to be established.

delivery are constituted ports of entry, as aforesaid; and Laws to apply all the provisions of law regulating the issue of marine

papers, the coasting trade, the warehousing of imports, and collection of duties, shall apply to the ports of entry so constituted in the same manner as they do to ports of entry established by the laws now in force.

Secretary

gaugers, etc.

to such

duties can not be col

any

Residence and duty of collector,

Vessel

may

SEC. 2. And be it further enacted, That if, from the When cause mentioned in the foregoing section, in the judgment lected at of the President, the revenue from duties on imports can delivery in any not be effectually collected at any port of entry in any tomhouse may be collection district, in the ordinary way and by the ordi- established, etc. nary means, or by the course provided in the foregoing section, then and in that case he may direct that the custom-house for the district be established in any secure place within said district, either on land or on board any vessel in said district, or at sea near the coast; and in such case the collector shall reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes arriving within or approaching said district, until the duties imposed by law on said vessels and their cargoes are paid in cash: Provided, That if the owner or consignee of the cargo on board any vessel detained as aforesaid, or the master of said vessel, shall desire to enter a port of entry in any other district of the United States where no such obstructions to the execution of the laws exist, the master of such vessel may be permitted so

structed port.

tions.

change' her desc to change the destination of the vessel and cargo in his tination to unobmanifest, whereupon the collector shall deliver him a written permit to proceed to the port so designated: And provided further, that the Secretary of the Treasury shall

, the cerereasury to with the approbation of the President, make proper regu- make regulac lations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable.

SEC. 3. And be it further enacted, That it shall be unlaw- Yessel or cargo ful to take any vessel or cargo detained as aforesaid from from custody of the custody of the proper officers of the customs, unless toms, unless, etc. by process of some court of the United States; and in case of any attempt otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons too great to be overcome by the officers of the customs, it shall and may be lawful for the President, or such person or persons as he shall have empowered for that purpose, to employ such part of the Army or Navy, and senaran

military or militia of the United States, or such force of citizen authorized. volunteers as may be deemed necessary, for the purpose of preventing the removal of such vessel or cargo and protecting the officers of the customs in retaining the custody thereof.

Sec. 4. And be it further enacted, That if, in the judg- mPortes cosentix ment of the President, from the cause mentioned in the certain cases. first section of this act, the duties upon imports in any collection district can not be effectually collected by the ordinary means and in the ordinary way, or in the mode and manner provided in the foregoing section of this act, then, and in that case, the President is hereby empowered to close the port or ports of entry in said district, and in such case give notice thereof by proclamation; and there- Notice to be upon all right of importation, warehousing, and other

privileges incident to ports of entry shall cease and be discontinued at such port so closed until opened by the order of the President, on the cessation of such obstructions; and if, while said ports are so closed, any ship or vessel from beyond the United States, or having on

board any articles subject to duties, shall enter or attempt Effect of such to enter any such port, the same, together with its discontinuance.

tackle, apparel, furniture, and cargo, shall be forfeited to

the United States. The President in certain cases

SEC. 5. And be it further enacted, That whenever the may declare the President, in pursuance of the provisions of the second state, etc., to be section of the act entitled “An act to provide for calling in a state of in- forth the militia to execute the laws of the Union, sup

1795, ch.36, $ 2. press insurrections, and repel invasions, and to repeal the Vol. I, p. 424.

act now in force for that purpose,” approved February twenty-eight, seventeen hundred 'and' ninety-five, shall have called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when said insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which said combination exists, nor such insurrection suppressed by said State or States, then, and in such case, it may and shall be lawful for the President, by proclamation, to declare that the inhabitants of such State, or any section or part thereof where such insurrec

tion exists, are in a state of insurrection against the Commercial in- United States; and thereupon all commercial intercourse upon to cease. by and between the same and the citizens thereof and the

citizens of the rest of the United States shall cease and be

unlawful so long as such condition of hostility shall conCertaine irgoods tinue; and all goods and chattels, wares and merchanto

dise, coming from said State or section into the other parts of the United States, and all proceeding to such State or section by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or

from such State or section, be forfeited to the United President may States: Provided, however, That the President may, in his course in certain discretion, license and permit commercial intercourse casestand under with any such part of said State or section, the inhabit

ants of which are so declared in a state of insurrection, in such articles, and for such time, and by such persons, as he, in his discretion, may think most conducive to the public interest; and such intercourse so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secre

tary of the Treasury. And the Secretary of the Treasury Officers of customs may be ap

may appoint such officers, at places where officers of the pointed; their customs are not now authorized by law, as may be needed

to carry into effect such licenses, rules, and regulations; and officers of the customs and other officers shall receive

tercourse

pay, etc.

to be forfeited.

laws.

for services under this section, and under said rules and regulations, such fees and compensation as are now allowed for similar service under other provisions of law.

Sec. 6. And be it further enacted, That from and after ; Vessels belongfifteen days after the issuing of the said proclamation, as surrection, when - provided in the last foregoing section of this act, any

ship or vessel belonging in whole or in part to any citizen or inhabitant of said State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited to the United States.

Sec. 7. And be it further enacted, That in the execution The Navy may of the provisions of this act and of the other laws of the cute the revenue United States providing for the collection of duties on imports and tonnage, it may and shall be lawful for the President, in addition to the revenue cutters in service, to employ in aid thereof such other suitable vessels as may, in his judgment, be required.

SEC. 8. And be it further enacted, that the forfeitures Remission and penalties incurred by virtue of this act may be mitigated or remitted, in pursuance of the authority vested in the Secretary of the Treasury by the act entitled “An act providing for mitigating or remitting the forfeitures, penalties, and disabilities accruing in certain cases therein mentioned," approved March third, seventeen hundred and ninety-seven, or in cases where special circumstances may seem to require it, according to regulations to be prescribed by the Secretary of the Treasury. Sec. 9. And be it further enacted, That proceedings on

forfeitures seizures and forfeitures under this act may be pursued in be enforced. the courts of the United States in any district into which the property so seized may be taken and proceedings instituted; and such courts shall have and entertain as full jurisdiction over the same as if the seizure was made in that district.

of

In what courts

may

Approved, July 13, 1861.

(12 Stat. L., p. 404.]

AN ACT Supplementary to an act approved on the thirteenth July,

eighteen hundred and sixty-one, entitled "An act to provide for the collection of duties on imports, and for other purposes.'

Be it enacted by the Senate and House of Representatives Clearances may of the United States of America in Congress assembled, That sels, if, etc. the Secretary of the Treasury, in addition to the powers conferred upon him by the act of the thirteenth July, eighteen hundred and sixty-one, be, and he is hereby, authorized to refuse a clearance to any vessel or other vehicle laden with goods, wares, or merchandise, destined for a foreign or domestic port, whenever he shall have satisfactory reason to believe that such goods, wares, or merchandise, or any part thereof, whatever may be their osten

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