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Coliecrious of the Hrvenue, wareh 2, 18.53.
same . be true; which petition, affidavit, and ceruficale, sh l be presenied fto ne said Circuit Court, if in session, and if pot, to the cie k thereof, at liia fertice, and shall be filled in said office, and he cause shal: tereupon be eu. fie ed on the docket of said Couri, and shall be thereafter proceeded in as a
c. use originally comenced in that Court; and it shall be the duty of the clerk of said Couit, if the suit were commenced in the Court be low by sunmons, 10 issue a wrii of certiorari to the State Court, requiring said Court to send is the said Circuit Court the record and proceed ng: in said cause ; or fif it were comme..ced by cajas, be si:all issue a writ of habeas corp is cum causa, a duplicare of whichi said writ shall be delivered to the clerk of te State Couri, or left ai bis oflice by the marshal of the district, or his depuiy, for some person duiy authorized thereto; and, thereupon it shail be the duty of ine said S ate Court 10 stay ail furiher proceedlings in such cause, and the said -uit, or prosecuti011, upoii delivery of such process, or leaving ihe same as afiresaid, shall be de med and iiken to be moved to the said Circuit Cout, and any further proceedi:'gs, trial or judgment therein in the Sale
Couri sha! be wholly nuil and void. And if the delendant in any such ruit be in actual cestouy on mesne process therein, it shall be the duty of the
nar-hal, by virtue of the writ of habeas corpus cum causa, to take ihe body for the defendant into his custody, to be dea t will in the said cause according to the rules of law and the order of the Circuit Court, or of any judge there. foi, in vacation. And all attach nents made and ali bail and o her security given upon such suit, or prosecution, shall be and continue in like force and effect, as if he same suitor prosecution, had proceeded to final judgnient and
execution in the Stare Couri. And if, upon ihe removal of any such sui , or prosecution, it shall be made to appear to the said Circuit Court that no copy of the record nd proceedings thereill, in the State Couri, ca. be ob
tained, it shall be lawful for said Circuit Court to allow and require the Plaintiff to proceed de novo, and to file a declaration of his cause of action, and the parties may tieren; on firiceed as in a 'tions originally brought iu said Circuit Court; and on failure of so proceeding, judgment of norim pror.way be rendered against the plain if with costs for the defendant.
Sec 4 And be it further enacted, That in any case in which any party is or may be by law, entitled to copi: s of the record and proceedings in any suit ur prosecutiou in any State Couri, to bo usd in any court of the United States, if the clerk of said State Court, shail, upon deniand, and the payment or tender of the legal fees, refuse or neglect to deliver to such party certified copies of sueh record and proceeding, the Court of the United States in which such record and proceedings may be needed, on proof, by atidavit, What the cleik of such Sute Couri has refused or neglected to deliver copies hereof, on denani as afire:said, inay direct and allow such record to be supo plieu by affidavit, o. oiherwise, as the circumstance of the case my require and allow; and, therrupon, such proceeding, trial, and judgmeni, may be bad in the said Court of the United S:ates, and all such processes awaridel, 18 il certified copies of such records and proceedings had been regularly before th, said couri.
Sec. 5. And be it further enacted, That whenever the President of the United States shali bé offir ially inforired, by the authorities of any Stale, or ya judge of any Circuit or District Court of the United States, i. the State, that, within the limits of such State, any law or laws of the United States, or the execution thereof, or of a..y process from the Courts of the United
States is obstructed by the em byment of military force, or by any other un. Hawful means, too great to be overcome by the ordinary ourse of judicia proceeding, or loy the powers vested in the marshal by existing laws, it : hali be lawful for aim, the Presideni of ine United States, forth with to i-sue his proclamation, de laring such fact or information, and requiring all such mi'i. tary and other force forih with to disperse ; and if at any time after issuing such proclamation, any sisch opposition or obstruction shall be made, in the manner or by the vidaus aforesaid, the Presiden: shall be, and hereby is, au
Comprotier's ircular, December 26, 1833.
cirunzed, prompiny tu en p'y to means to suppress the same, and to cause the said lawn or prores. io he dviy exeruted, as are auto :rized aud provides in the cases there in Desired by the act of the tnenty-eighth of Februais, one thousand seven handied ad ninety-five, entitled "An act to provide to callina forth be militia to exe ute the laws of the Union, soppress insur frections, repei invasiou , ad o repeal he act row n tori e for that purpose;' and also, by the act of the tbid of Marc., one thousand eight hundierane seven, entitled “ An act asli orizing ibe epiployment of the land and nava. forces of the United States ju cases of insurrection"
Sec 6 And be it further enucted, Tha in any Stace where the jails are not alluired to be use for the imprisonment of persons arrested or comin:i le: under the laws of the Vulied States, or where houses are not allowed to die so used, it shi and inay be lawful for any nar-hai, un'er the direction of the judge of the United Ståle for the proper district, to use other converten places, within the limiis of said State, and to make such other provisiou as he may deem expedient and necessary for that purpose.
SEC 7 And be it further enacted, That either of the justices of the Sun preme Court, or a jud e of any District Court of the United States, in ad. dition to the authority a ready conferred by law, shall have power to giant writs of habeas corpus in all cases of a prisoner or prisovers, in jail or con. finement, where he or they sliall be con mi ted or confined on, or by any au.
thority or law, for any act done, or opitted to be dune, in pursuance of a law bof the United Siates, or any order, process, or decree, or any judge or cor.ru Hhereof, any thing in any act of Congress to the contrary notwithstanding. and is any person or persons to whoni such writ of babeas corpus niay be dio rected, shall refuse to utey the same, or shall neglect or refuse to niake return, or shall make a false return these to, in addition to the reniedies already given by law, he or they shall be denied and taken to be guilty of a mis. demeanor, and shall, on conviction before i ny couri of competent jurisdiction, be punished by fine, not exceeding one thousand dollars, and by in prisonment, not exceeding six months or by either, according io the nalure and aggravation of the case.
SEC 8. And be it further enacted, That the several provisions contained in the first and fifth sections of this act, shall be in force unlihe end of the next session of Congress, and no longer. (Approved, March 2, 1833.]
(Circular to Collectors, Vural Officers, and Surreyors ]
Treasury Department, Comptroller's Office, Dec, 26th, 1833. Sir:-As some diversity of practice may olitain in relation to the manner of deducting the one tenth part of the excess of duties in all those cases in which the duties on goods imported from and after the thirty-first of the currest mouth shall exceed ewenty per centuai on the value thereof, and as 10 the manner of ascertaining whether the specific rates of duty imposed by the existing laws exceed, or fall short of, twenty per centum on the value thereuf, it is deemed proper, in reference to the act of 20 March, 1833, entitled ** An act to mouily, the act of 14th July, 1832, and all other acis imposiug puuties on imports," 10 communicate the following views upon these several points:
Supposing the dutiable value of goods, now liable to an 'ad valore a duty of 25 per cent., to be $500 00, the duty thereon, at that rate, would be $125 00 But the duty thereon at the rate of 20 per centum, would only be 100 00
Excess, One tenth part of such excess is $2 50, which being deducted from $125 00 Heaves the sum of $122 50 as the amount of duty to be paid in tbe cast.
Or Thus: Deduci oue (enth part of the excess of 5 per cent., say one hall per ceut., from 25 per cent., and where remains 24 per cent., which rate on $300, produces $122 50, as in the preceding example;
116] Compiroller's Circular, Deceinber 26, 1833.
lo relation to the specific rales, it will be supposed that an importation or four hundred pouds of sugar be made, ine duy on which, at the existing rale of 2 cents per pound, would be
„$ 10 00 The invoice and correct value of the sugar will be supposed to be $6 00 per one hundred pounds, making the value of the four hundred poonds to be
$24 00 To which add Jutiable charges,
$ 26 00 The duty on $26 00 at twenty per cent., would be
$ 5 20 Excess of the specific over the ad valorem duly,
$ 4 80 One tenth part of the excess is forty-eight cents, which being dewucted from $10.00, the amonnt of duty at the specific rate, leaves $9°52 as the amoun of duty to be paid in the case.
With a view to facilitate the transactions at the custom-houses the form of an entry to be made by an imorter of goods is subjuined hereto, and forms
of the following returns will be transmitted as early as it will be practicable to prepare them :
i Form of the quarter-yearly abstracts, to be rendered by the Collectors, of goods paying ad valoren duties.
2. Similar abstract of goods now liable to specific rates of duty. 3. Form of a bond account.
From the item of forty bales of blue cottons, in the form of the importer's eniry, it will be perceived that, in conformity with the decision of Mr. Secretary McLane, in his circular to the officers of the customs, under date of the 2011 April last, the calculation is made on the actual or real foreign cost ur vaive, instead of the assumed value, under the ininimum principle.
In ac ordance with the usual practice of this office, I avail myself of the occasion also lo conmunicare the decisions which have been made since the last circular, in relation to the following questions :
The act of tlie 1411 July, 1832, in imposing duties on blankets, not defining the particular sizes, has given rise to some difficulty in their classification ;-am mose the cost of which does not exceed sereniy-five cente eacht, berrig entitied to an enery at an ad valoren duty of 5 per cent., whilst those costing more ilanı seventy-five cents each, are made liable to an ad valoren duty of 2 per cent.
Under these circumstances it has been deemed the more advisable course, instead of prescribmg by a Treasury regulation what size an article shall box 10 constituie it a blanket within the meaning and intention of the law, to leave that point to be determined by mercantile usage and customi, ker ping in view that the gcods must be of such sizes as will renderiliem suitable for the conmon and general purposes for which blankets are used.
Io relai on to bords given on the exportation of goods for the benefit of drawback, ir is deemed proper to direct that, in future they be not calcelled until after the expiration of the time allowed by the 81st section of the Coin lection law, of 210 March, 1799, for the producijon of the prescribed proofs of landing abroail, alıhough such proofs my be produced before the expiration of such time
In relation to the following articles, it has been decided, -:
1. That bootakins on bootees, having what is calied a hosiery top attached to a leather sole, are now liable to $1 50 per pair.
2. Thas bags made of linen are now liable to an ad valorem duty of 25 per crni, as “ manufactures of hemp or flar."
3. Thai gunny od grass bags are free of duty.
of Thar cast iron stays or studs, (so called,) lised in making chain cables, are now lialle 103 cents per pound, as parts of iron cables, manufactured in whole or in part,
5. That liks, manufactured in whole or in part, suitable for chain cables, arp al-o now liable to 3 cenis per pound.
6. That chain or warp, made of tow, for manufacturing carpets or carpe • Jing, is now liable to 25 per cent ad valorem.
7, That floss silk, or tram, is entitled to an entry at an ad valorem duty or 5 per ceni.
8. That cam lets, composed entireiy of goat or camel's hair, are free of duty. 9. That halters, for horses, made of sizal grass, are free of duty
10. That round iron, for axles for cars on rail roads and locomotive eno gines, are not entitled to the benefit of the act of 14th July, 1832, in relation to iron for rail roads or inclined planes.
11. That all those linens which are specified in the 3rd paragraph of the circular of the 12th of August last, imported after the 31st of the current month, will be entitled io an exemption from duty.
12. That marrow is free of duty.
13 Thai men's hais, made of silk plush, are now liable to an ad valorem du y of 30 per cent.
14 Thai anticorrosive lithic paint being a compound of lead and carbonate of lime or sione, is liable to 15 per cent. as a "manufacture of lead, not other. wise specified, or of which lead is a component material.".
15. That shawls of worsted, embroidered with silk thread, having been decided to be now entitled to an entry at an ad valorem duty of 10 per centa, will be free after the 31st of the current nionth.
16 Thai stereotype plates are now liable to an ad valorem duty of 25 p.cent.
17. That stretchers, for umbrellas, completely manufactured are pow liable to an ad valorem duty of 25 per centum
18. That tips and tops, of bone, for canes and umbrellas, are free of duty. 19. That an article called tinsel stuff, is now liable to an ad valorem dury of 25 per cent
20. That worsted stuff goods, being embroidered with worsted yarn, does not affrci their ciassification.
21. That webbing, composed of cotton and gum elastic, is now liable to 25 per
22. That an article called "pyrolignite of lead'," composed of acetic acid, flere, and empyrumatic oil, being, in fact, an impure sugær of lead, is liable to the duty imposed on sugar of lead.
(Circular.) Treasury Department, Comptroller's Office, Jan. 15, 1834. SIR :-In giving the instructions in the circular of the 26th ultimo, in rela tion to the item of 40 hales of blue cotton cloihs, I was under the impression that, according to the views expressed by the Secretary of the Treasury, in
his circular of 20th April, 1833, the recuetion of duties provided for by the act of 2d March, 1833, was to be ascertained by calculating :he duty of 25 per cent. imposed by the act of 141h July, 1832, on the actual or real value of this description of goods, instead of the minimum, or assumed, or artificia value of 35 cents per square yard, wlien costing less than ibat sum
The Secretary of the Treasury has, however, decided, that such was nou che intention of the circular of "ibe 2016 April, 1833, and has directed that the duty of 25 per cent. imposed by the act of the 14th July, 1832, is to be calculated on the miviuium principle, or assiined value of such goods; and that i boe duty of 20 per cent. under the act of 20 March, 1833, is 10. be estimated on the real or actual foreign cost or value of such goods-rile difference be. iween the two amounts thus produced constituting the excess upon which thru one-tenth is to be deducted.
You will, accordingly, be pleased to make the alterations, and additions, in relation to the item of 40 bales of blue cotton cloths in the form of the im. porter's entry, subjoining to the circular from this office of the 26th ulino, in the manner specified in the accompanying statement
Respectfully, JOSEPH ANDERSON, Comptroller.!
Table of Fees of officers of the Customs.
I cent per ton.
ceeding 200 tons,
1 00 6 for taking every bond required by the act,
0 25 Note. At those ports at which there is a Collector, Naval Officer, and Surveyor, the said fees shall be equally divided between tliem; where there is no Naval Officer two thirds to the Collector and one-third to the Surveyor ; and where there is only a Collector, he shall receive the whole amount thereof; and where there is more than one Surveyor in any district each of them shall receive his proportionable part of such fees, as shall arise in the port for which he is appointed; provided, that in ail cases, where the tonmag. of any ship or vessei shall be ascertained by any person appointed for that
purpose, such person shall be paid a reasonable compensation therefor,
Under the act for enrolling and licensing vessels, passed the i8th Feb. 1793.
in order, to the enroliment, granting a permit for a licen-
vessel to proceed from of the burthen of five tons, and less dist, ict to district-if less than than twenty tous,
0 50 If of twenty tous and not ex® For receiving a certified manin ceeding seventy tons,
0 75 fest, and granting a permit,
050 on the arrival of such vessel, if
above fifty tons,
including the lond, gistered vessel to proceed from
than one hundred tons, 0 50 fest and granting a permit, on If more than one hundred tons 1 00 the arrival of such registered For every endorsement on
I 50 license,
0 20 For granting a permit for a ves. For cerrifying manifests, and sel carrying on the fishery, to granting a permit for a licens d Trade at a foreign port,
0 25 vessel
to proceed from dis For the report and entry of any rico 10 district-if above toreign goods imported in such 0 25 vessel,
0 25 Note.-Where a Surveyor shall certify a manifest, or grant a permit, or receive a certified manifest, and grant a permit, the feex arising therefrom shall be received hy him solely for his use, which regulation applies only to a port of delivery at which there is no other than a Surveyor.
All the other fees arising under the act, are to be equally divided betwren
where there is no Naval Oficer, two thirds to the Collector, and the other