Duty after 1842, on cer the first section of this act may operate, and all articles now admitted to entry from duty, or paying a less rate of duty than tain classes of twenty per centum ad valorem, before the said thirtieth day of June, one thousand eight hundred and forty-two, from and after that day, may be admitted to entry subject to such duty, not exceeding twenty per centum ad valorem, as shall be provided for by law. articles. All acts, &c. Proviso. § 6. And be it further enacted, That so much of the act of the inconsistent, fourteenth day of July, one thousand eight hundred and thirty&c. repealed. two, or of any other act as is inconsistent with this act, shall be, and the same is hereby repealed: Provided, That nothing herein contained, shall be so construed as to prevent the passage, prior or subsequent to the said thirtieth day of June, one thousand eight hundred and forty-two, of any act or acts, from time to time, that may be necessary to detect, prevent, or punish evasions of the duties on imports imposed by law, nor to prevent the passage of any act, prior to the thirtieth day of June, one thousand eight hundred and forty-two, in the contingency either of excess or deficiency of revenue, al ering the rates of duties on articles which, by the aforesaid act of fourteenth day of July, one thousand eight hundred and thirty-two, are subject to a less rate of duty than twenty per centum ad valorem, in such manner as not to exceed that rate, and so as to adjust the revenue to either of the said contingencies. [Approved, March 2, 1833.] President authorised in certain cascs to change tl.c site of the Vessels there to be detain ed, &c. CHAP. 356. An act further to provide for the collection of duties on imports. § 1. Be it enacted, &c. That whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, it shall become impracticable, in the judgment of the President, to execute the revenue laws, and collect the duties on imports in the custom-house. ordinary way, in any collection district, it shall and may be lawful for the resident to direct that the custom-house for such district be established and kept in any secure place within some port or harbour of such district, either upon land or on board any vessel; and, in that case, it shall be the duty of the collector to reside at such place, and there to detain all vessels and cargoes arriving within the said district until the duties imposed on said cargoes, by law, be paid in cash, deducting interest according to existing laws; and in such cases it shall be unlawful to take the vessel or cargo from the custody of the proper officer of the cus toms, unless by process from 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 of the United States, or such person or persons as he shall have empowered for that purpose, to employ such part of the land or naval forces, or militia of the United States 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. Custody of versels to be retained, &c. Jurisdiction of circuit § 2. And be it further enacted, That the jurisdiction of the circuit courts of the United States shall extend to all cases, in law brace, &c. revenue laws or equity, arising under the revenue laws of the United States, for courts to emwhich other provisions are not already made by law; and if any person shall receive any injury to his person or property for or on account of any act by him done, under any law of the United States, for the protection of the revenue or the collection of duties on imports, he shall be entitled to maintain suit for damage therefor in the Circuit Court of the United States in the district wherein the party doing the injury may reside, or shall be found. And all Property in property taken or detained by any officer or other person under custody under authority of any revenue law of the United States shall be irre- irrepleviable, pleviable, and shall be deemed to be in the custody of the law, &c. and subject only to the orders and decrees of the courts of the United States having jurisdiction thereof. And if any person shall dispossess or rescue, or attempt to dispossess or rescue, any property so taken or detained as aforesaid, or shall aid or assist therein, such person shall be deemed guilty of a misdemeanor, and shall be liable to such punishment as is provided by the twenty- Act of 1790, second section of the act for the punishment of certain crimes ch. 36, vol. 1, against the United States, approved the thirtieth day of April, anno Domini one thousand seven hundred and ninety, for the wilful obstruction or resistance of any officers in the service of process. p. 63. in state courts the cause cuit court. § 3. And be it further enacted, That in any case where suit or In suits, &c. prosecution shall be commenced in a court of any state against any officer of the United States, or other person, for or on account ficers of U. S. of any act done under the revenue laws of the United States, or on petition of under colour thereof, or for or on account of any right, authority, defendant, or title, set up or claimed by such officer, or other person, under shall be any such law of the United States, it shall be lawful for the defen- entered on dant in such suit, or prosecution, at any time before trial, upon a docket of cir. petition to the Circuit Court of the United States, in and for the district in which the defendant shall have been served with process, setting forth the nature of said suit or prosecution, and verifying the said petition by affidavit, together with a certificate signed by an attorney or counsellor at law of some court of record of the state in which such suit shall have been commenced, or of the United States, setting for.h that, as counsel for the petitioner, he has examined the proceedings against him, and has carefully inquired into all the matters set forth in the petition, and that he believes the same to be true; which petition, affidavit and certificate, shall be presented to the said circuit court, if in session, and if not, to the clerk thereof, at his office, and shall be filed in said office, and the cause shall thereupon be entered on the docket of said court, and shall be thereafter proceeded in as a cause originally commenced in that court; and it shall be the duty of the clerk of said court, if the suit were commenced in the court below by summons, to issue a writ of certiorari to the state court, requiring said court to send to the said circuit court the record and proceedings in said cause; or if it were commenced by capias, he shall issue a writ of habeas corpus cum causa, a duplicate of which said writ shall be delivered to the clerk of the state court, or left at his office by the marshal of the district, or his deputy, or some person duly authorised thereto; and, thereupon Proceedings in state court to be stayed, &c. &c. it shall be the duty of the said state court to stay all further proceedings in such cause, and the said suit, or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be deemed and taken to be moved to the said circuit court, and any further proceedings, trial or judgment therein in the state If defendant court shall be wholly null and void. And if the defendant in any be in custody, such suit be in actual custody on mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the said cause according to the rules of law and the order of the circuit court, or of any judge thereof, in vacation. Certain pro- And all attachments made and all bail or other security given court to con- upon such suit, or prosecution, shall be and continue in like force tinue in force. and effect, as if the same suit or prosecution, had proceeded to If no copy of final judgment and execution in the state court. And if, upon the record can be removal of any such suit, or prosecution, it shall be made to had, &c. appear to the said circuit court that no copy of the record and proceedings therein, in the state court, can be obtained, 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 thereupon proceed as in actions originally brought in said circuit court; and on failure of so proceeding, judgment of non pros. may be rendered against the plaintiff with costs for the defendant. cess in state be had, affidavit, &c. In any case § 4. And be it further enacted, That in any case in which any where copy of record in state party is, or may be by law, entitled to copies of the record or court cannot proceedings in any suit or prosecution in any state court, to be used in any court of the United States, if the clerk of said state court, shall, upon demand, and the payment or tender of the legal fees, refuse or neglect to deliver to such party certified copies of such record and proceedings, the court of the United States in which such record and proceedings may be needed, on proof, by affidavit, that the clerk of such state court has refused or neglected to deliver copies thereof, on demand as aforesaid, may direct and allow such record to be supplied by affidavit, or otherwise, as the circumstances of the case may require and allow; and, thereupon, such proceeding, trial, and judgment, may be had in the said court of the United States, and all such processes awarded, as if certified copies of such record and proceedings had been regularly before the said court. In case of ob. struction to to issue pro- § 5. And be it further enacted, That whenever the President of the United States shall be officially informed, by the authorities of any state, or by a judge of any circuit or district court of the United States, in the state, that, within the limits ofsuch state, any law or laws of the United States, or the execution thereof, or of any process from the courts of the United States is obstructed by the employment of military force, or by any other unlawful means, too great to be overcome by the ordinary course of judicial proceeding, or by the powers vested in the marshal by existing laws, it shall be lawful for him, the President of the United States, forthwith to issue his proclamation, declaring such fact or information, and requiring all such military and other force forthwith to disperse; and if at any time after issuing such pro clamation, any such opposition or obstruction shall be made, in the manner or by the means aforesaid, the President shall be, and hereby is, authorised, promptly to employ such means to suppress the same, and to cause the said laws or process to be duly executed, as are authorised and provided in the cases thercin mentioned by the act of the twenty-eighth of February, one thousand seven hundred and ninety-five, entitled "An act to provide for Act of 1795, calling forth the militia to execute the laws of the Union, suppress ch. 101, vol. 1, insurrections, repel invasions, and to repeal the act now in force p. 389. for that purpose;" and also, by the act of the third of March, one thousand eight hundred and seven, entitled "An act authorising Act of 1807, the employment of the land and naval forces of the United States ch. 94, vol. 2, in cases of insurrections." p. 1063. § 6. And be it further enacted, That in any state where the Places of conjails are not allowed to be used for the imprisonment of persons finement. arrested or committed under the laws of the United States, or where houses are not allowed to be so used, it shall or may be lawful for any marshal, under the direction of the judge of the United States for the proper district, to use other convenient places, within the limits of said state, and to make such other provision as he may deem expedient and necessary for that purpose. of habeas § 7. And be it further enacted, That either of the justices of Judges of U. Supreme Court, or a judge of any district court of the United S. authorised States, in addition to the authority already conferred by law, shall to issue writs have power to grant writs of habeas corpus in all cases of a pri- corpus, &c. soner or prisoners, in jail or confinement, where he or they shall be committed or confined on, or by any authority or law, for any act done, or omitted to be done, in pursuance of a law of the United States, or any order, process, or decree, of any judge or court thereof, any thing in any act of Congress to the contrary notwithstanding. And if any person or persons to whom such Penalty for writ of habeas corpus may be directed, shall refuse to obey the neglect or refusal to obey same, or shall neglect or refuse to make return, or shall make a the same. false return thereto, in addition to the remedies already given by law, he or they shall be deemed and taken to be guilty of a misdemeanor, and shall, on conviction before any court of competent jurisdiction, be punished by fine, not exceeding one thousand dollars, and by imprisonment, not exceeding six months or by either, according to the nature and aggravation of the case. § 8. And be it further enacted, That the several provisions contained in the first and fifth sections of this act, shall be in force until the end of the next session of Congress, and no longer. [Approved, March 2, 1833.] CHAP. 357. An act to explain and amend the eighteenth section of "An act to alter and amend the several acts imposing duties on ch. 224, ante Act of 1832, imports," approved the fourteenth July, one thousand eight hundred and thirty-two. p. 2317. § 1. Be it enacted, &c. That all articles upon which the duties Certain arti were reduced by "An act to alter and amend the several acts cles whether imposing duties on imports," approved the fourteenth July, one before or after imported, &c. thousand eight hundred and thirty-two, and which may not have July 14, 1832, All wines or, &c. may be depo- been deposited under the provisions of the eighteenth section of sited, &c. the act aforesaid, whether the said articles were imported, or the duties thereon were secured or paid, before or after the passage of said act, may, to obtain the benefit of said act and this amendment thereto, be deposited at any time before the first of April, next, in the custom-house stores, or in the manner prescribed in the following section, by the importer, consignee, or any subsequent purchaser or owner, and all wines now in bond, or which now in bond may be imported at any time previous to the fourth day of March, one thousand eight hundred and thirty-four, and which may remain in the custody of the customs on that day, shall be entitled to the benefit of this act, and of that to which it is an amendment: Provided, That no merchandise imported in packages, bales, or casks, shall be entitled to the benefit of this act, or of that, to which it is an amendment, unless they are as originally imported: and that all articles placed in the custody of the customs under this act shall so remain, for inspection and examination, till the fourth day of March, next: Provided, also, That nothing contained in this act shall be so construed as to extend the provisions thereof to any merchandise, which, under the existing laws would not be entitled to the benefits of drawback. Proviso. Proviso. In certain cases goods may remain in warehouse of owner, &c. Proviso. Articles in customs, on &c. to be subject to no higher duty, &c. have been paid, excess § 2. And be it further enacted, That, in all cases where the quantity of merchandise, entitled to the benefits of the acts aforesaid shall exceed ten packages, bales, or casks, or where the article may be in bulk, or otherwise than in packages, bales, or casks, the collector of the district where the same may be, is hereby authorised to direct that the said merchandise shall not be removed from the warehouse of the owner, but that the same shall be there placed in the custody of a proper officer of the customs, who shall examine the same, and keep them under the keys of the custom-house, till the first of April, as aforesaid: Provided, The collector shall consider the same a safe place of deposite, and that application be made to him for that purpose on or before the twenty-fifth March next. § 3. And be it further enacted, That all articles remaining custody of the under the control of the proper officer of the customs, according to the provisions of this act, on the first April next, and all wines which shall remain in the same manner after the fourth day of March, one thousand eight hundred and thirty-four, shall be subject to no higher duty than would be levied under the act Where higher aforementioned, approved the fourteenth of July last; and if any higher duty shall have been paid, such excess shall be refunded, out of any money in the treasury not otherwise appropriated, to to be refund. the person placing the same in the custody of the customs, and any outstanding bond or bonds which may have been given for duties on the same shall be cancelled and if a sum equal to the amount of duties levied by the said act of the fourteenth July, shall not have been collected, and the bond or bonds given shall amount to more than the duties imposed by said act, the secretary of the treasury shall direct that a debenture certificate or certificates, the form of which shall be prescribed by him for such excess of duty, shall be issued to the persons placing the same in the custody of the customs, payable out of the bond, or bonds ed, &c. |