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the same in specific items, and making oath that they have been actually incurred and paid by him, and are just and reasonable, the same to be taxed or adjusted by the court
, and the oath of the messenger shall not be conclusive as to the necessity of said expenses.
F'or cause shown, and upon hearing thereon, such further allowance may be made as the court, in its discretion, may determine.
The enumeration of the foregoing fees shall not prevent the judges, who shall frame general rules and or«lers in accordance with the prescribing a tariff of fees for all other services of the officers of courts of bankruptcy, or from reducing the fees prescribed in classes of cases to be named in their rules and orders.
SLANDER AND LIBEL.
As a part of the right of personal security, the preservation of every person's good name from the vile arts of detraction is justly included. The laws of the ancients, no less than those of modern nations, made private reputation one of the objects of their protection. Our law considers the slander of a private person by words, in no other light th in a civil injury, for which a pecuniary compensation may be obtained. The injury consists in falsely and maliciously charging another with the commission of some public offense, criminal in itself, and inditable, and subjecting the party to an infamous punishment, or involving moral turpitude, or the breach of some public trust, or with any matter in relation to his particular trade or vocation, and which, if true, would render him unworthy of employment; or, lastly, with any other matter or thing by which special injury is sustained. But if the slander be communicated by pictures, or signs, or writing, or painting, it is calculated to have a wider circulation, to make a deeper impression and to become proportionably more injurious.
Expressions which tend to render a man ridiculous, or degrade him in the e-teem and opinion of the world, would be libellous if printed, though they would not be actionable if spoken.
A libel, as applicable to individuals, has been well defined to be a malicious publication, expressed either in printing or writing, or by signs or pictures, tending either to injure the memory of one dead, or the reputation of one alive, or expose him to public liatred, contempt, or ridicule. A malicious intent towards government, magistrates, or individuals, and an injurious or offensive tendency, must concur to constitute the libel. It then becomes a grievance, and the law has accordingly considered it in the light of a public as well as a private injury, and has rendered the party not only liable to a private suit at the instance of the party libelled, but answerable to the State by indictment, as guilty of an offence tending directly to a breach of the public peace.
But though the law be solicitous to protect every man in bis fair fame and character, it is equally careful that the liberty of speech, and of the press, should be duly preserved. The liberal comunication of sentiment, and entire freedom of discussion, in respect to the character and conduct of public men, and of candidates for public favor, is deemed essential to the judicious exercise of the right of suffrage, and of that control over their rulers, which resides in the free people of the United States. It has, accordingly, become a constitutional principle in this country, that “ every citizen may freely speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that right, and that no law can rightfully be passed to restrain or abridge the freedom of speech or of the press.”
In several States special provision has be'n made in favor of giving the truth in evidence, in public prosecutions for libel. In the constitutions of some of the States, it is declared, that in prosecutions for libels in respect to official conduct, the truth may be given in evidence, when the matter published is proper for public information.
But the prevailing and the better opinion is, that the truth may, in all cases, be pleaded by way of justification, in a private action for damages, arising from written or printed defamation, as well as in an action for slanderous words.
If a libel is made in order to expose to the public eye personal defects, or misfortunes, or vices, the prof of the truth of the charge would rather aggravate than lessen the baseness and evil tendency of the publication ; and there is much justice and sound policy in the opinion, that in private as well as public prosecutions for libels, the inquiry should be pointed to the innocence or malice of the publisher's intentions. The truth is, therefore, admissible in evidence to explain the intent, but not in every instance to justify it. The guilt and the e-sential ground of action for defamation consists in the malicious intention: and when the mind is not in fault, po prosecution can be sus tained. On the other hand, the truth may be printed and pub lished ma iciously, and with an evil intent, and for no good pur pose, and when it would be productive only of private misery and public scandal and disgrace.
Manifests of Ships-Foreign and American Vessels-Ton
nage Duties-Coasting Trade and Fisheries- Arrivals and Clearances-Entry of Goods at Custom-house-Ware housing Goods.
1. Vessels of the United States coming from foreign ports.—No vessel from a foreign port can enter and discharge her cargo except at one of the ports of entry or delivery established by Congress.
No goods can be brought into the United States from a foreign port, in any vessel belonging in whole or in part to a citizen of the United States, unless the master of such vessel shall have on board a written manifest, signed for him, containing, 1st. The name of the place whero the goods were taken on board and also that to which they are con signed ; 2d. The name, description, and build of the vessel ; 3d. Her opnage and the names of the owner and master; 4th. A particular account of the goods and the names of the parties to whom they are consigned, which must vorrespond with the bills of lading ; and, 5th, The names of the passengers and a description of their baggage, and e statement of the remaining stores, if any.
All merchandise not included in the manifest is forfeited, and may be seized by the custom officers.
The master of the vessel, on his arrival in port, must deliver a copy of the manifest to the first officer of the customs who may come on board; this officer certifies to its receipt on the original manifest, which the master must deliver to the collector of the port. If the original be shown without such certificate, the master must swear that no copy was called for by the officers. After the visit of the first officer, it is sufficient to show the original, with the endorsements, to other officers.
Any vessel from a foreign port, unloading goods within four leagues of the United States coast, or within the limits of any district of the United States, without authority from the officers of the port, the master and mate of such vessel forfeit one thousand dollars each for each offence, and the goods themselves are forfeited to the Government, and may be seized by the custom officers-except such unloading arise from accident, necessity, or stress of weather-which fact must bo mode known to the collector, and proved under oath by the master mata, and one other officer or mariner.
Ang master refusing to exhibit the manifest, or delivering a true copy of the same to the proper officer, or veglecting or refusing to inform such officer of the true destination of the vessel, is finable in the sum of five hundred dollars for each offence.
It is the duty of the master of every American vessel from a foreiga port to have his manifest made out at the time of leaving such porto The time of lading is the most proper for making out a manifest of the cargo. The master is finable in the sum of five hundred dollars if his manifest is not ready to exhibit to any custom officer who may board bis vessel within four leagues of the coast.
In case any package reported in the manifest be not found on board; in case the merchandise do not perfectly agree with the manifest; in case the master cannot prove, to the satisfaction of the collector and naval officer of the port, or, when on trial, to the satisfaction of the court, that no part of the merchandise of the vessel has been unladen since it was taken on board, except as specified in the manifost, or that the disagreement is owing to accident or mistake, he is liable to a fine of five hundred dollars.
If any part of the cargo of a vessel be unladen before entry, and received on another vessel or boat, except in case of accident, necessity, or stress of weather, which must be duly notified and proved, the person in charge of such vessel or boat, and all who aid or assist him, forfeit three times the value of the merchandise, and the boat also.
On the arrival of a vessel from a foreign port, the master is required to exhibit a certified copy of his crew-list to the first boarding officer, who must examine and compare the list with the men on bourd, and report to the collector, who will transmit a copy of such list to the collector of the port from which the vessel originally sailed.
The master of a vessel coming from a foreign port is also required, before the vessel can be entered, to exhibit to the collector a true account of the number of seamen employed on board since her last entry at any port of the United States, and pay the collector twenty couts per month for every seaman so employed.
In every vessel of the United States engaged in foreign trade the officers and two-thirds of the crew must be citizens of the United States, or not the subjects of any foreign power.
The master of any vessel arriving at any port of the United States froin a foreige country, must at the time of delivering the manifest of his cargo, als 2 deliver a list of all passengers taken on board the vessel at any foreign port, and this list must specify the ages, sex, and occupation of each, the part of the vessel occupied by them, the countries 10 which they severally belong, the country or state of which they intend to become inhabitants, and whether any and what number haro died during the.voyage.
Before an entry can be made the register or other document in lieu of reyister, and the clearance and other papers granted by the officers of customs to the vessels at the port of departure (except MediterraDean passports), must be deposited with the collector and remain in his office till a clearance is granted. He must also declare under oath whether any of his crew have been employed or detained by any foreign power.
A foreign duty of ten cents per ton of the measurement of all ships, vessels, or steamers coming into the United States from any foreign port or place, is by the Act of July 14th, 1862, collectable, and must be paid to the collector at the time of entry. It is provided, however, that this tax on tonnage duty shall be paid but once a year on any vessel or steamer having a license to trade between different districts of the United States, or to carry on the bank, whale or other fisheries, while employed therein, or on any vessel or steamer to or from any port in Mexico, the British provinces of North America, or any of the West India Islands; and also that nothing contained in this act should impair any rights and privileges which have been or' might be acquired by any foreign nation under the laws and treaties of the Uniteu States relative to the duty and tonnage of vessels.
2. Foreign vessels entering United States ports.—When a foreign vos sel comes into a United States port, her registry or other document in lieu thereof, togetner with the clearance and other papers granted by the officers of customs at her port of departure, must be produced, before entry, to the collector of the port with whom the entry is to made, and the master of the vessel must within forty-eight hours aftor such entry, deposit the papers with the consul of the nation to which che vessel belongs, and deliver to the collector the certificate of tho consul that the papers have been so depositod, and a failure to do 80 will be punished by a fine of not less than $500 to $2000. These papers cannot be returned to the master by the consul, till he brings a clearance in due form from the collector of the port. This regulation does not apply to vessels of foreign nations in whose ports United States consuls are not permitted to have the custody of papers of vessels of the United States entering the ports of such nations