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(ACT of March 3d, 1815.)
place, also, the collection of the duties on impost and tonnage under the superintendence of the said commissioner of the revenue, if, in his opinion, the public service will be promoted by transferring that duty from the comptroller to the said commissioner.
ACT of March 3d, 1815. 4 Bioren, 838. An act further to provide for the collection of duties on imports and tonnage.
88. Sec. I. It shall be lawful for any collector, naval officer, surveyor, or inspector, of the customs, as well in an adjoining district as that to which he belongs, to enter on board, search, and examine, any ship, vessel, boat, or raft, and if he shall find on board the same, any goods, wares, or merchandise, which he shall have probable cause to believe are subject to duty, the payment of which is intended to be evaded, or have been imported into the United States in any manner contrary to law, it shall be his duty to seize and secure the same for trial.
89. Sec. ii. It shall be lawful for any collector, naval officer, surveyor, or inspector of the customs, as well in any adjoining district as that to which he belongs, to stop, search, and examine, any carriage or vehicle, of any kind whatsoever, and to stop any person travelling on foot, or beast of burden, on which he shall suspect there are goods, wares, or merchandise, which are subject to duty, or which shall have been introduced into the United States in any manner contrary to law; and if such officer shall find any goods, wares, or merchandise, on any such carriage, vehicle, person travelling on foot, or beast of burden, which he shall have probable cause to believe are subject to duty, or have been unlawfully introduced into the United States, he shall seize and secure the same for trial. And if any of the said officers of the customs shall suspect that any goods, wares, or merchandise, which are subject to duty, or shall have been introduced into the United States contrary to law, are concealed in any particular dwelling house, store, or other building, he shall, upon proper application, on oath, to any judge or justice of the peace, be entitled to a warrant, directed to such officer, who is hereby authorized to serve the same, to enter such house, store, or other building, in the day time only, and there to search and examine whether there are any goods, wares, or merchandise, which are subject to duty, or have been unlawfully imported, and if, on such search or examination, any such goods, wares, or merchandise, shall be found, which there shall be probable cause, for the officer making such search or examination, to believe are subject to duty, or have been unlawfully introduced into the United States, he shall seize and secure the same for trial: Provided always, That the necessity of a search warrant, arising under this act, shall in no case be considered as applicable to any carriage, wagon, cart, sleigh, vessel. (ACT of March 3d, 1815.)
boat, or other vehicle, of whatever form or construction, employed as a medium of transportation, or to packages on any animal or animals, or carried by man on foot.
90. Sec. m. Every collector of the customs shall have authority, with the approbation of the principal officer of the treasury department, to employ, within his district, such number of proper persons, as inspectors of the customs, as he shall judge necessary, who are hereby declared to be officers of the customs; and the said inspectors, before they enter on the duties of their offices, shall take and subscribe, before the collectors appointing them, or before some magistrate within their respective districts, authorized by law to administer oaths, the following oath or affirmation, to wit: " /, , having been appointed an inspector of the customs, ivithin and for the district of , do solemnly, sincerely, and truly, swear, (or affirm, as the case may be) that I will diligently and faithfully execute the duties of the said office of inspector, and will use my best endeavors to prevent and detect frauds and violations against the laws of the United States: I further swear, (or affirm), that I will support the constitution of the United States."
91. Sec. tv. Any collector, naval officer, surveyor, or inspector, when proceeding to make any search or seizure, authorized by this act, shall be, and he is hereby empowered to command any person who shall be within ten miles of the place where such search or seizure shall be made, to aid and assist such officer in the discharge of his duty therein; and if any person being so commanded, shall neglect or refuse to aid and assist such officer in making such search or seizure, the person so neglecting or refusing shall forfeit and pay a sum not exceeding two hundred dollars, and not less than fifty dollars. And such officer may also demand, in cases of resistance, the assistance of the marshal of the district or any of his deputies, who shall call upon the posse of the district, if necessary, in his or their judgment, to render effectual the execution of this act; and all citizens or inhabitants of the district, above the age of eighteen years, and able to travel, who refuse or neglect, upon proper notice from the marshal, or any of his deputies, to join such posse, shall be considered guilty of a misdemeanor, and be liable to be fined in any sum not exceeding three hundred dollars, and be imprisoned for any term not exceeding three months.
92. Sec. v. The forfeitures and penalties mentioned in this act, shall be sued for, prosecuted, and recovered, or inflicted, by action of debt, or by information or indictment, in any court competent to take cognizance thereof and try the same; and that all forfeitures and penalties, so recovered by virtue of this act, 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 thereof by the collector recovering the (ACT of March 3d, 1815.)
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 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, That where the seizure shall have been made by any inspector or inspectors out of the presence of the collector, naval officer, or surveyor, such inspector or inspectors shall be entitled, in addition to such other compensation as may be allowed them, to twenty-five per cent, on the moiety herein given to the collector, naval officer, and surveyor, as aforesaid, or to either of them: And provided also, That in all cases where such forfeitures and penalties shall be recovered, in pursuance of information given to such collector, naval officer, or surveyor, by any private informer, the one-half of such moiety shall be given to such informer, and the remainder thereof shall be disposed of between the collector, naval officer, and surveyor, in manner aforesaid, and the same allowance of twenty-five per cent. to inspectors, when the seizure is made by them as aforesaid: And provided likewise, That whenever the value of the property seized, condemned, and sold, under this act, 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 paymentof the costs of prosecution: And it is further provided, That if any officer or other person, entitled to a part or share of any of the penalties or forfeitures incurred in virtue of this act, shall be necessary as a witness on the trial for such penalty or forfeiture, such officer or other person may be a witness upon the said trial, but in such case he shall not receive or be entitled to any part or share of the said penalty or forfeiture; and the part or share to which he otherwise would have been entitled, shall revert to the United States.
93. Sec. vn. In any suit or prosecution against any person, for any act or thing done as an officer of the customs, or any person aiding or assisting such officer therein, and judgment shall be given against the defendant, or respondent, if it shall appear to the court, before which such suit or prosecution shall be tried, that there was probable cause for doing such act or thing, such court shall order a proper certificate or entry to be made thereof, and in such case the defendant or respondent shall not be liable for costs, nor shall he be liable to execution, or to any action for damages, or to any other mode of prosecution, for the act done by him as aforesaid: Provided, That such property or articles as may be held in custody by the defendant, if any be, after judgment, forthwith returned to the claimant or claimants, his, her, or their, agent or agents.
94. Sec. vm. This act shall continue in force for one year, and (ACT of March 3d, 1817.)
no longer. [Revived by act of April 27th, 1816, Sec. Hi. Infra, 96, and continued by act of March 3d, 1817, Infra, 97.]
ACT of April 26th, 1816. Pamphlet edit. 89.
95. Sec. r. An addition of fifty per cent, upon the sums allowed as compensation to inspectors, or persons acting as occasional inspectors, employed in aid of the customs, and to the measurers, weighers or guagers, by the act, entitled " An act to establish the compensations of the officers employed in the collection of the duties on imposts and tonnage, and for other purposes," passed on the second of March, one thousand seven hundred and ninetynine, be, and the same is hereby allowed, to the said inspectors, measurers, weighers, or guagers, to be ascertained, certified and paid, under the regulations prescribed in the abovementioned act.
ACT of April 27th, 1816. Pamphlet edit. 103.
96. Sec. in. The act, entitled " An act further to provide for the collection of duties on imposts and tonnage," passed on the third day of March one thousand eight hundred and fifteen is hereby revived and made of force, until the end of the next session of congress and no longer.
ACT of March 3d, 1817. Pamphlet edit. 283.
97. Sec. I. The act, entided " An act further to provide for the collection of duties on imports and tonnage," passed the third day of March, one thousand eight hundred and fifteen, is hereby, continued in force, excepting the sixth and eighth sections thereof.
98. Sec. N. If any suit or prosecution be commenced in any state court against any collector, naval officer, surveyor, inspector, or any other officer, civil or military, or any other person aiding or assisting, agreeably to the provisions of the act hereby continued in force, or under color thereof, for any thing done or omitted to be done, as an officer of the customs, by virtue of said act, of under color thereof, and the defendant shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial at the next circuit court of the United States to be holden in the district where the suit is pending, and offer good and sufficient surety for his entering in such circuit court, on the first day of its session, copies of said process against him, and also for his there appearing at the court and entering special bail in the cause, if special bail was originally required therein; it shall then be the duty of the state court to accept the surety and proceed no further in the cause; and the bail that shall have been originally taken shall be discharged. And such copies being entered as aforesaid in such court of the United States, the cause shall then proceed in the same manner as if it had been (ACT of April 20th, 1818.)
brought there by original process, whatever may be the amount of the sum in dispute, or damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding; and any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered by the court in which the suit was commenced: Provided, nevertheless, That this act shall not be understood to apply to any prosecution for an offence involving corporal punishment.
[Sections in. and iv. See Duties, local regulations.']
99. Sec. v. In any action or prosecution against any person as aforesaid, it shall be lawful for such person to plead the general issue, and give this act, and any special matter, in evidence. And if in any suit the plaintiff is non-suit, or judgment pass against him, the defendant shall recover double costs.
100. Sec. vr. This act shall continue in force for the term of four years, from and after the third day of March next, and no longer.
101. Sec. Vii. Every collector of the customs shall have authority, with the approbation of the secretary of the treasury, to employ within his district such number of proper persons, as deputy collectors of the customs, as he shall judge necessary, who are hereby declared to be officers of the customs; and the said deputy collectors, before they enter on the duties of their offices, shall take and subscribe, before the collectors appointing them, or before some magistrate within their respective districts, authorized by law to administer oaths, the following oath or affirmation, to
wit: " I , having been appointed a deputy collector of the
customs, within and for the district of , do solemnly, sincerely, and truly swear, (or affirm, as the case may be) that I will diligently, and faithfully execute the duties of the said office of deputy collector, and will use my best endeavours, to prevent and detect frauds and violations against the laws of the United States. I further swear, (or affirm) that I will support the constitution of the United States."
ACT of April 20th, 1818. Pamphlet edit. 158.
An act providing for the deposit of wines and distilled spirits in public warehouses, and for other purposes.
102. Sec. I. It shall be lawful for any importer of wines or distilled spirits, which may be imported into the United States, at any time after the first day of June next, at his option, to be determined at the time of making entry therefore, either to secure the duties thereon, on the same terms and stipulations as on other goods, wares, and merchandise, imported, or to give his bond, in