Merchandise en SEC. 13. That any merchandise entered by any person or persons tered in violation. violating any of the provisions of the preceding section, (1) but not subject to forfeiture under the same section, may, while owned by him or them, or while in his or their possession, to double the amount claimed, be taken by the collector and held as security for the payment of any fine or fines incurred as aforesaid, or may be levied upon and sold on execution to satisfy any judgment recovered for such fine or fines. Repeal of R. S., § § 2864, 2865. may be released on giving bond, and paying or securing duties. Customs officers But nothing herein contained shall prevent any owner or claimant from obtaining a release of such merchandise on giving a bond, with sureties satisfactory to the collector, or, in case of judicial proceedings, satisfactory to the court, or the judge thereof, for the payment of any fine or fines so incurred: Provided, however, That such merchandise shall in no case be released until all accrued duties thereon shall have been paid or secured. SEC. 14. [Expressly repealed by 1890, June 10, chapter 407, § 29, post, p. 755.] SEC. 15. That it shall be the duty of any officer or person employed detecting viola- in the customs-revenue service of the United States, upon detection tions to report of any violation of the customs-laws, forthwith to make complaint shall report to dis- thereof to the collector of the district, whose duty it shall be trict attorney. promptly to report the same to the district attorney of the district in which such frauds shall be committed. to collector, who District attor ney, when to pros ecute, &c. 5292. 473. Immediately upon the receipt of such complaint, if, in his judgment, it can be sustained, it shall be the duty of such district attorney to cause investigation into the facts to be made before a United States commissioner having jurisdiction thereof, and to initiate proper proceedings to recover the fines and penalties in the premises, and to prosecute the same with the utmost diligence to final judg ment. SEC. 16. [Repealed by 1890, June 10, ch. 107, § 29, post, p. 755.] Proceedings for SEC. 17. That whenever, for an alleged violation of the customsrelief of persons revenue laws, any person who shall be charged with having incurred charged with incurring fines, &c. any fine, penalty, forfeiture, or disability other than imprisonment, R. S., 563, or shall be interested in any vessel or merchandise seized or subject to seizure, when the appraised value of such vessel or merchadise is 16 Opins., 259, not less than one thousand dollars, shall present his petition to the judge of the district in which the alleged violation occurred, or in 17 Fed. Rep.,138. which the property is situated, setting forth, truly and particularly, the facts and circumstances of the case, and praying for relief, such judge shall, if the case, in his judgment, requires, proceed to inquire, in a summary manner into the circumstances of the case, at such reasonable time as may be fixed by him for that purpose, of which the district attorney and the collector shall be notified by the petitioner, in order that they may attend and show cause why the petition should be refused. summary hear ing in, before 16 Opins., 473. SEC. 18. That the summary investigation hereby provided for may be held before the judge to whom the petition is presented, or if he shall so direct, before any United States commissioner for such district, and the facts appearing thereon shall be stated and annexed to the petition, and, together with a certified copy of the evidence, transmitted to the Secretary of the Treasury, who shall thereupon have NOTE.-(1) Section 12 of this act, referred to in section 13 as "the preceding section," being expressly revealed by 1890, June 10, ch. 407, § 29, post, p. 755, is omitted from this volume. Section 12 provides that any owner, importer or other person who shall, with intent to defraud the revenue, make any entry of imported merchandise by means of false statements, either written or verbal, whereby the United States shall be deprived of lawful duties, shall be fined and imprisoned and the merchandise forfeited. As the effect of section 13 appears to be wholly dependent upon section 12, section 13 would seem to be no longer in force. It is here inserted merely because omitted from the repeal expressly embracing both sections 12 and 14, contained in the act of 1890. power to mitigate or remit such fine, penalty, or forfeiture, or remove such disability, or any part thereof, if, in his opinion, the same shall have been incurred without willful negligence or any intention of fraud in the person or persons incurring the same, and to direct the prosecution, if any shall have been instituted for the recovery thereof, to cease and be discontinued upon such terms or conditions as he may deem reasonable and just. SEC. 19. That it shall not be lawful for any officer or officers of Officers comprothe United States to compromise or abate any claim of the United mising or abating States arising under the customs laws, for any fine, penalty, or for- claims for fines, forfeitures, &c., feiture incurred by a violation thereof; and any officer or person how punished. who shall so compromise or abate any such claim, or attempt to R. S., § 5292. make such compromise or abatement, or in any manner relieve or 1875, Jan. 22, ch. attempt to relieve from such fine, penalty, or forfeiture, shall be 22, post, p.59. deemed guilty of a felony, and, on conviction thereof, shall suffer imprisonment not exceeding ten years, and be fined not exceeding ten thousand dollars: Provided, however, That the Secretary of the Treasury shall have Fines, how repower to remit any fines, penalties, or forfeitures, or to compromise mitted, &c. the same, in accordance with existing law. R. S., §§ 2858, 5292, 5293. SEC. 20. That whenever any application shall be made to the SecApplicants for retary of the Treasury for the mitigation or remission of any fine, remission of fines, penalty, or forfeiture, or the refund of any duties, in case the amount &c., to notify disinvolved is not less than one thousand dollars, the applicant shall trict attorney and notify the district attorney and the collector of customs of the district collector, who in which the duties, fine, penalty, or forfeiture accrued; and it shall formation. &c. be the duty of such collector and district attorney to furnish to the R. S., SS 5292Secretary of the Treasury all practicable information necessary to 5294. enable him to protect the interests of the United States. shall furnish in SEC. 21. That whenever any goods, wares, and merchandise shall Settlements as have been entered and passed free of duty, and whenever duties to duties, after one upon any imported goods, wares, and merchandise shall have been year, in absence of fraud or protest, to liquidated and paid, and such goods, wares, and merchandise shall be conclusive. have been delivered to the owner, importer, agent, or consignee, such entry and passage free of duty and such settlement of duties shall, after the expiration of one year from the time of entry, in the absence of fraud and in the absence of protest by the owner, importer, agent, or consignee, be final and conclusive upon all parties. R. S., § 1047. 15 Opins., 121. 17 Blatch., 316. 817; 124 U. S., 441. 10 Fed. Rep., SEC. 22. That no suit or action to recover any pecuniary penalty Suits for penalor forfeiture of property accruing under the customs revenue laws ties and forfeiture of the United States shall be instituted unless such suit or action under customs shall be commenced within three years after the time when such menced within penalty or forfeiture shall have accrued: three years,except laws to be com Provided, That the time of the absence from the United States of in case of absence, the person subject to such penalty or forfeiture, or of any conceal- &c, ment or absence of the property, shall not be reckoned within this R. S., § 1047. period of limitation. Annual salaries to certain customs SEC. 23. That in lieu of the salaries, moieties, and perquisites of whatever name or nature, and commissions on disbursements, now officers in lieu of paid to and received by the collectors, naval officers, and surveyors other compensaconnected with the customs service in the several collection districts tion. of the United States hereinafter named, there shall be paid, from 1886, June 19, and after the first day of July, eighteen hundred and seventy-four, ch. 421, § 1, post, an annual salary as follows: p. 492. To the collector of the district of New York, twelve thousand to collectors. dollars. R. S., SS 26542656, 2659, 2688To the collectors of the districts of Boston and Charlestown, Mas- 2692, 3090.' sachusetts; and Philadelphia, Pennsylvania, each eight thousand dollars. To the collectors of the districts of San Francisco, California; Baltimore, Maryland; and New Orleans, Louisiana, each seven thousand dollars. -to naval officers. R. S., $$ 2655, 2656, 2689, 2703, 2704, 3090. 1879, Feb. 26, ch. 103, post, p. 220. -to surveyors. R. S., SS 2656, 2657, 2688, 2689, 2714, 2719, 3090. 1875, ch. 130, § To the collector of the district of Portland and Falmouth, Maine, six thousand dollars. To the naval officer for the district of New York, eight thousand dollars. To the naval officers of the districts of Boston and Charlestown, Massachusetts; and San Francisco, California; and Philadelphia, Pennsylvania, each five thousand dollars. To the surveyor of the port of New York, eight thousand dollars. To the surveyors of the ports of Boston, Massachusetts; and San Francisco, California; and Philadelphia, Pennsylvania, each five thousand dollars. 10; 1879, Feb. 26, ch. 103; post, pp. 77, 221. late bonded ware Secretary of SEC. 24. That the Secretary of the Treasury shall, from time to Treasury to regu- time, make such regulations as he may deem necessary for the conhouses, general- duct and management of the bonded warehouses, general order stores, order stores, &c. and other depositories of the imported merchandise throughout the R. S.. $2892, United States; all regulations or orders issued by collectors of cus2926, 2954-3008. toms in regard thereto shall be subject to revision, alteration, or revocation by him; and no warehouse shall be bonded and no generalorder store established without his authority and approval. General-order And it shall be the duty of the Secretary of the Treasury, in grantwarehouses to be ing permits to establish general-order warehouses, to require such near landings. warehouse or warehouses to be located contiguous, or as near as may be, to the landing places of steamers and vessels from foreign ports; And that no officer of the customs shall have any personal ownernot to be inter- ship of, or interest in, any bonded warehouse or general-order store. Customs officers ested in ware houses, &c. Public cartage SEC. 25. That public cartage of merchandise in the custody of the to be let to lowest Government shall be let after not less than thirty days' notice of such bidder, and sub- letting to lowest responsible bidder giving sufficient security, and ject to regulation. shall be subject to regulations approved by the Secretary of the &c. Treasury. SEC. 26. That all acts and parts of acts inconsistent with the proRepeal, saving visions of this act are hereby repealed; that nothing herein contained existing rights, shall affect existing rights of the United States; and in all cases in which prosecutions have been actually commenced for forfeitures 10 Fed. Rep., incurred, the Secretary of the Treasury shall have power to make compensation, as provided in the fourth section of this act, to the persons who would, under former laws, have been entitled to share in the distribution of such forfeitures. [June 22, 1874.] 822. June 22, 1874. 18 Stat. L., 191. Navy officers CHAP. 392.-An act for the better government of the Navy of the United States. Be it enacted, &c., That on and after the passage of this act, any promoted, to have officer of the Navy who may be promoted in course to fill a vacancy pay of grade from in the next higher grade shall be entitled to the pay of the grade to R. S., 1493- which promoted from the date he takes rank therein, if it be subsequent to the vacancy he is appointed to fill. date of rank. 1510. 19 C. Cls., 623; 116 U. S., 396. 17 Opins., 329. 18 Opins., 393. ing of court-mar dismissed and SEC. 2. That the accounting officers of the Treasury be, and are restored by find hereby, prohibited from making any allowance to any officer of the tial not to have Navy who has been, or may hereafter be, dismissed from the service more than six and restored to the same under the provisions of the twelfth section months' back pay. of the act of March third, eighteen hundred and sixty-five, entitled R. S., § 1624, art. (1) "An act to amend the several acts heretofore passed to provide for the enrolling and calling out the national forces, and for other purposes", to exceed more than pay as on leave for six months from the date of dismissal, unless it shall appear that the officer demanded in writing, addressed to the Secretary of the Navy, and continued 37. 15 Opins., 569. NOTE. (1) The provisions of the act of 1865, ch. 79, § 2 (13 Stat. L., 489), herein referred to, are incorporated into R. S., § 1624, art. 37. to demand as often as once in six months, a trial as provided for in said act. SEC. 3. That so much of the act entitled (2) "An act to authorize Cadet-engineers, the Secretary of the Navy to provide for the education of naval con- not to be apstructors and steam-engineers, and for other purposes", approved PR. S., § 1523. pointed. July fourth, eighteen hundred and sixty-four", as provides that 1874, Feb. 24, ch. cadet-engineers, not to exceed fifty in number, shall be appointed 35, § 2, ante, p. 4. by the Secretary of the Navy, is hereby repealed. [Part omitted, which provides for appointment of naval cadets, is superseded by 391, par. 1, post, p. 1882, Aug. 5, ch. 391, par. 1, 22 Stat. L., 285, 286, and post, p. 376.] [June 22, 1874.] NOTE (2) The provisions of 1864, ch. 252, herein referred to, are incorporated into Revised Statutes, § 1527. 1882, Aug. 5, ch. 376. 1889, March 2, ch.396,post.p.696. CHAP. 393.—An act to repeal so much of the act approved May eight, eighteen hundred and seventy-two, entitled "An act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June thirty, eighteen hundred and seventy-three, and for other purposes' as provides for the employment of persons to assist the proper officers of the Government in discovering and collecting moneys withheld and for other purposes. June 22, 1874. 18 Stat. L., 192. Be it enacted, &c., That so much of the act entitled (1) "An act mak- Authority for ing appropriations for the legislative, executive, and judicial expenses persons by Secreemployment of of the Government for the year ending June thirtieth, eighteen tary of Treasury hundred and seventy-three, and for other purposes," approved May to discover and eighth, eighteen hundred and seventy-two, as provides for the em- collect public ployment by the Secretary of the Treasury, of not more than three money withheld, repealed, &c. persons to assist the proper officers of the Government in discover- R.S., § 256. ing and collecting any money belonging to the United States when the same shall be withheld by any person or corporation, be, and the same is hereby, repealed; and the Secretary of the Treasury is hereby directed to revoke and annul all contracts for the collection of such taxes made under and by authority of said act. 15 Opins., 133. 135 U.S., 271. Claims under not to be enforced. SEC. 2. That the Court of Claims shall have no authority to consider or decide upon any claims for damages by reason of the dis- existing contracts continuance of the contracts aforesaid, or for any profits or percentages under them. [June 22, 1874.] NOTE. (1) The provisions of the act of 1872, ch. 69 (17 Stat. L., 68, 69) are incorporated in R. S., § 256. CHAP. 395.-An act to amend an act entitled "An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States," approved March third, eighteen hundred and forty-nine. June 22, 1874. 18 Stat. L., 193. Claims for horses Be it enacted, &c., That the first section of the act of March third, lost by officers in eighteen hundred and forty-nine, (1) providing for the payment for military service horses and equipments lost by officers or enlisted men in the military not to be denied service, shall not be construed to deny payment to such officers or because horses enlisted men, for horses which may have been purchased by them were purchased in in States in insurrection; and payment in any case shall not be re- tion. fused where the loss resulted from any exigency or necessity of the military service, unless it was caused by the fault or negligence of such officers or enlisted men. SEC. 2. [Superseded by 1883, Jan. 9, ch. 15, post, p. 390, and 1888, NOTE. The section of the act of 1849, ch. 129 (9 Stat. L., 414), here referred to, is incorporated into States in insurrec R. S., § 3482. 1 C. Cls., 400. 16 C. Cls., 522. 18 C. Cls., 259. 1885, March 3, ch.335, post, p. 1. June 22, 1874. 18 Stat. L., 193. District of Co CHAP. 396.-An act conferring jurisdiction upon the criminal court of the District of Be it enacted, &c., That the criminal court of the District of lumbia; criminal- Columbia shall have jurisdiction of all crimes and misdemeanors court jurisdiction. R. S., SS 727, committed in said District, not lawfully triable in any other court, and which are required by law to be prosecuted by indictment or R. S. of D. C., §§ information. 760-771,1049,1050. 879, 1014-1016. SEC. 2. That the provisions of the thirty-third section of the judiciary act of seventeen hundred and eighty-nine (1) shall apply to courts created by act of Congress in the District of Columbia. [June 22, 1874.] NOTE. (1) The provisions here referred to of the judiciary act of 1789, ch. 20, §. 33 (1 Stat. L., 91), are incorporated into Revised Statutes, § § 727,879, 1014–1016. June 22, 1874. 18 Stat. L., 194. Railroad compa CHAP. 400.-An act for the relief of settlers on railroad lands. Be it enacted, &c., That in the adjustment of all railroad land nies relinquishing grants, whether made directly to any railroad company or to any lands in their State for railroad purposes, if any of the lands granted be found in grants entered for the possession of an actual settler whose entry or filing has been pre-emption or homestead may allowed under the pre-emption or homestead laws of the United select other lands States subsequent to the time at which, by the decision of the landin lieu thereof. office, the right of said road was declared to have attached to such R. S., SS 2259, lands, the grantees, upon a proper relinquishment of the lands so 1887, March 3, entered or filed for, shall be entitled to select an equal quantity of ch. 376, 3, 5, other lands in lieu thereof from any of the public lands not mineral post, p. 565. and within the limits of the grant not otherwise appropriated at the 1890, Sept. 29.ch. date of selection, to which they shall receive title the same as though 1040, post, p. 808. originally granted. 1891, March 3, ch. 561, §§ 4, 5, post, 2289. Title of settlers p.940. 1890, Aug. 29, ch. 819, post, p. 791. And any such entries or filings thus relieved from conflict may be may be perfected. perfected into complete title as if such lands had not been granted: Provided, That nothing herein contained shall in any manner be en- so construed as to enlarge or extend any grant to any such railroad or to extend to lands reserved in any land grant made for railroad Grant to com panies not larged. Act not to be construed as confirming certain de cisions of Interior Department. purposes: And provided further, That this act shall not be construed so as in any manner to confirm or legalize any decision or ruling of the Interior Department under which lands have been certified to any railroad company when such lands have been entered by a preemption or homestead settler after the location of the line of the road and prior to the notice to the local land-office of the withdrawal of such lands from market. [June 22, 1874.] June 22, 1874. CHAP. 401.—An act relating to circuit courts of the United States for the districts of Alabama. 18 Stat. L., 195. Circuit court in Be it enacted, &c., That there shall be, and is hereby, established Alabama; north- a circuit court of the United States for the middle district of Alaern and middle bama, as said district is now constituted by law, to be held in the city of Montgomery, and a like court for the northern district of Alabama, as said district is now constituted by law, to be held in the city of Huntsville. districts estab- -powers and jurisdiction of. SEC. 2. That said circuit courts shall have and exercise, within their respective districts, the same original powers and jurisdiction R. S., SS 634, as are or may be conferred by law upon the circuit court of the United 4979.4986. 1884, May 2, ch, States for the southern district of Alabama at Mobile. [Omitted lines relate to repealed jurisdiction.] 38, post, p. 427. 1890, June 26, ch. 631, post, p. 760. 1891, March 3, ch. 517, § 4, post, p. 903. * |