« ForrigeFortsett »
the first section of this act may operate, and all articles now June 30, admitted to entry from duty, or paying a less rate of duty than 1842, on cer. tain Classes of twenty per centum ad valorem, before the said thirtieth day of articles. 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.
86. And be it further enacted, That so much of the act of the All acts, &c. inconsistent, fourteenth day of July, one thousand eight hundred and thirty&c. repealed.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, Proviso.
and the same is hereby repealed: Provided, That nothing herein contained, shall be so construed as to prevent the passage, prior or subsequent to the said thirtieth day of June, one thousand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 Junc, one thousand eight hundred and forty-two, in the contingency either of cxcess 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.)
Cuar. 356. An act further to provide for the collection of duties on
imports. President au. $1. Be it enacted, fc. That whenerer, by reason of unlawful thorised in
obstructions, combinaiions, or assemblages of persons, it shall certuin cascs to change to become impracticable, in the judgment of the President, to exesite of the cute the revence laws, and collect the duties on imporis in the custom-housc. ordinary way, in any collection district, it shall and may be law.
ful for ihe 1 resident to direct that the custon-louse for such district be established ard lept in any secure place within some
port or harbour of such district, either upon land or on board any Vessels there vessel; and, in that case, it shall be the duty of the collector to to be detain. reside at such place, and there to detain all vessels and cargoes ed, &c.
arriving within the said district until the duties imposed on said
cargoes, by law, be paid in cash, deducting interest according to Custody of existing laws; and in such cases it shall be unlawful to take the versels to be vessel or cargo from the custody of the proper officer of the cus. retained, &c. 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. Jurisdiction § 2. And be it further enacted, That the jurisdiction of the of circuit circuit courts of the United States shall extend to all cases, in law
in state courts
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
brace, &c. 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, ploviable, 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
, p. 63. anno Domini one thousand seven hundred and ninety, for the wilful obstruction or resistance of any officers in the service of process.
§ 3. And be it further enacted, That in any case where suit or In suits, &c. prosecu'ion shall be cominenced in a court of any stałe against
gainst of. any officer of the United States, or other person, for or on account fiers of U. S. of any act done under the revenue laws of the United Siates, 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,
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 cit. petition to the Circuit Court of the United States, in and for the district in which the defendant shall have been served wich process, setting forth the nature of said suit or prosecution, and verifying the said petition by affidavit, together wich a certificare 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 it shall be the duty of the said state court to stay all further proin state court ceedings in such cause, and the said suit, or prosecution, upon to be stayed,
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 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. 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 be had, used in any court of the United States, if the clerk of said state U. S. court court, shall
, upon demand, and the payment or tender of the legal record to be fees, refuse or neglect to deliver to such party certified copies of supplied by such record and proceedings, the court of the United States in affidavit, &c. 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. 5. And be it further enacted, That whenever the President struction to of the United States shall be officially informed, by the authorithe laws by military
ties of any state, or by a judge of any circuit or district court force, &c.
of the United States, in the state, that, within the limits ofsuch the President state, any law or laws of the United States, or the execution to issue pro- thereof, or of any process from the courts of the United States is clamation &c.
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. I, insurrections, repel invasions, and to repeal the act now in force p. 383. 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."
$ 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 pur. pose.
$ 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 comınitted 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 resame, 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 iurisdiction, 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.
§ 1. Be it enacted, f-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 thousand eight hundred and thirty-two, and which may not have July 14, 1832,
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 subseAll wines quent 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: Proviso. 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 Proviso. fourth day of March, next: Provided, also, That nothing contain
ed 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.
§ 2. And be it further enacted, That, in all cases where the In certain cases goods quantity of merchandise, entitled to the benefits of the acts aforemay remain said shall exceed ten packages, bales, or casks, or where the in warehouse article may be in bulk, or otherwise than in packages, bales, or of uwner, &c.
casks, ihe 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 ihem under the keys of Proviso. 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-fisih March next. Articles in
§ 3. And be it further enacted, That all articles remaining custody of the under the control of the proper officer of the customs, according customs, on to the provisions of this act, on the first April next, and all wines &c. to be
which shall remain in the same manner asier the fourth day of subject to no higher duty, March, one thousand eight hundred and thirty-four, shall be &c.
subject to no higher duty than would be levied under the act Where higher aforementioned, approved the fourteenth of July last; and if any duties shull higher duty shall have been paid, such excess shall be refunded, have been
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 ed, &c. 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 certi. ficates, 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