Page images
PDF
EPUB

two or more

and certify the hibiting truly the amount due to the United States, and certify the same amount due The agent to

to the agent of the treasury, who is hereby authorized and required to issue a warrant issue a warrant of distress against such delinquent officer and his sureties, of distress directed to the marshal of the district in which such delinquent officer and against delin

his surety or sureties shall reside ; and where the said officer and his quent and sureties to the mar- surety or sureties shall reside in different districts, or where they, or shal.

either of them, shall reside in a district other than that in which the estate of either may be situate, which may be intended to be taken and sold, then such warrant shall be directed to the marshal of such districts, and to their deputies respectively; therein specifying the amount with which

such delinquent is chargeable, and the sums, if any, which have been paid. Marshal or And the marshal authorized to execute such warrant, shall, by himself or ceed i levy and by his deputy, proceed to levy and collect the sum remaining due, by discollect by dis- tress and sale of the goods and chattels of such delinquent officer; having tress and sale of given ten days' previous notice of such intended sale, by affixing an advertels of delin- tisement of the articles to be sold at two or more public places in the quent.

town and county where the said goods or chattels were taken, or in the Ten days' notice of sale, at

town or county where the owner of such goods or chattels may reside;

and if the goods and chattels be not sufficient to satisfy the said warrant, public places, the same may be levied upon the person of such officer, who may be com&c.

Goods, &c. mitted to prison, there to remain until discharged by due course of law. being insuffi- Notwithstanding the commitment of such officer, or if he abscond, or if cient, the person goods and chattels cannot be found sufficient to satisfy the said warrant, liable, &c. the marshal or his deputy may, and shall proceed to levy and collect the

Warrants re- sum which remains due by such delinquent officer, by the distress and sale fied by proceed of the goods and chattels of the surety or sureties of such officer; having ings against de- given ten days' previous notice of such intended sale, by affixing an adlinquent. vertisement of the articles to be sold, at two or more public places in the

Ten days' notice of sale, at

town or county where the said goods or chattels were taken, or in the

town or county where the owner of such goods or chattels resides. And public places, &c.

the amount due by any such officer as aforesaid, shall be, and the same is Amount due hereby declared to be, a lien upon the lands, tenements, and hereditaby delinquent ments of such officer and his sureties, from the date of a levy in purofficer, a lien upon lands, &c. suance of the warrant of distress issued against him or them, and a of himself and record thereof, made in the office of the clerk of the district court of the sureties. For want of

proper district, until the same shall be discharged according to law. And goods

, &c. lands, for want of goods and chattels of such officer, or his surety or sureties, &c. may be sold. sufficient to satisfy any warrant of distress issued pursuant to the provis

ions of this act, the lands, tenements, and hereditaments of such officer and his surety or sureties, or so much thereof as may

be necessary

far Three weeks' that purpose, after being advertised for at least three weeks in not less notice of sale of than three public places in the county or district where such real estate is

Conveyance situate, prior to the time of sale, may and shall be sold by the marshal of of the marshal such district or his deputy; and for all lands, tenements, or hereditaments to give a valid title to lands sold in pursuance of the authority aforesaid, the conveyance of the marsold, &c.

shals or their deputies, executed in due form of law, shall give a valid title against all persons claiming under such delinquent officer, or his surety or sureties. And all moneys which may remain of the proceeds of such sales, after satisfying the said warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to such delinquent officer or surety; as the case may be : Provided, That the summary process herein directed shall not affect any surety of any officer of the United States, who became bound to the United States before the passing of this act; but each and every such officer shall, on or before the thir. tieth day of September next, give new and sufficient sureties for the per- .

formance of the duties required of such officer. Officers em- Sec. 3. That, from and after the thirtieth day of September next, if ployed to disburse public

any officer employed, or who has heretofore been employed, in the civil, moneys,

being military, or naval, departments of the government, to disburse the public

two or more

over,

to state and cer

Persons ag

money appropriated for the service of those departments respectively, delinquent, in shall fail to render his accounts, or to pay over, in the manner, and in the rendering ac.

count or paying times, required by law, or the regulations of the department to which he &c. the 1st is accountable, any sum of money remaining in the hands of such officer, or 2d comptroller it shall be the duty of the first or second comptroller of the treasury, as

tify the acthe case may be, who shall be charged with the revision of the accounts counts, and the of such officer, to cause to be stated and certified, the account of such agent of the delinquent officer, to the agent of the treasury, who is hereby authorized ceed against and required immediately to proceed against such delinquent officer, in the them by war

rant of distress, manner directed in the preceding section, all the provisions of which are

&c. hereby declared to be applicable to every officer of the government. charged with the disbursement of the public money, and to their sureties, in the same manner, and to the same extent, as if they had been described and enumerated in the said section : Provided, nevertheless, That the said Proviso. agent of the treasury, with the approbation of the Secretary of the Treasury, in cases arising under this or the preceding section, may postpone, for a reasonable time, the institution of the proceedings required by this act, where, in his opinion, the public interest will sustain no injury by such postponement.

Sec. 4. That if any person should consider himself aggrieved by any warrant issued under this act, he may prefer a bill of complaint to any grieved may predistrict judge of the United States, setting forth therein the nature and plaint to a disextent of the injury of which he complains; and thereupon the judge trict judge, &c.

The judge aforesaid may, if in his opinion the case requires it, grant an injunction to

may grant an stay proceedings on such warrant altogether, or for so much thereof as injunction. the nature of the case requires ; but no injunction shall issue till the party

No injunction

until bond and applying for the same shall give bond, and sufficient security, conditioned

security. for the performance of such judgment as shall be awarded against the Injunction not complainant, in such amount as the judge granting the injunction shall to impair the prescribe ; nor shall the issuing of such injunction in any manner impair rant. the lien produced by the issuing of such warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be necessary on the part of the United States; and if, upon Damages, if dissolving the injunction, it shall appear to the satisfaction of the judge application for who shall decide upon the same, that the application for the injunction was was merely for merely for delay, in addition to the lawful interest which shall be assessed delay. on all sums which may be found due against the complainant, the said judge is hereby authorized to add such damages as that, with the lawful interest, it shall not exceed the rate of ten per centum per annum on the principal sum.

SEC. 5. That such injunctions may be granted or dissolved by such Injnnction, judge, either in or out of court.

&c. either in or Sec. 6. That if any person shall consider himself aggrieved by the

Persons agdecision of such judge, either in refusing to issue the injunction, or, if grieved by the granted, on its dissolution, it shall be competent for such person to lay a

district judge

may apply to a copy of the proceedings had before the district judge before a judge of judge of the the Supreme Court, to whom authority is hereby given, either to grant Supreme Court,

who may grant the injunction, or permit an appeal, as the case may be, if, in the opinion relief. of such judge of the Supreme Court, the equity of the case requires it; and thereupon the same proceedings shall be had upon such injunction in the circuit court, as are prescribed in the district court, and subject to the same conditions in all respects whatsoever.

Sec. 7. That the attorneys of the United States, for the several judicial Attorneys of districts of the United States, in the prosecution of all suits in the same, States to conin the name and for the benefit of the United States, shall conform to form to instrucsuch directions and instructions, touching the same, as shall

, from time to tions from the time, be given to them, respectively, by the said agent of the treasury. treasury. And it shall

, moreover, be the duty of each of the said attorneys, imme- Attorneys, at diately after the end of every term of the district and circuit courts, or of the end of every

out of court.

a statement of

term, to forward any State court, in which any suit or action may be pending, on behalf of cases decided,

the United States, under the direction of any district attorney, to forward &c. and informa- to the said agent of the treasury a statement of the cases which have tion, to the

been decided during the said term, together with such information touchagent, &c.

ing such cases as may not have been decided, as may be required by the

said officer. Clerks of cir

Sec. 8. That it shall be the duty of the clerks of the district and circuit and district courts, within cuit courts, within thirty days after the adjournment of each successive 30 days after term of the said courts, respectively, to forward to the said agent of the term to forward treasury a list of all judgments and decrees which have been entered in ments and de- the said courts, respectively, during such term, to which the United States crees entered, to are parties, showing the amount which has been so adjudged or decreed the agent, showing the amount,

for or against the United States, and stating the term to which execution &c.

thereon will be returnable. And it shall, in like manner, be the duty of Marshals,

the marshals of the several judicial districts of the United States, within within 30 days before terms, to thirty days before the commencement of the several terms of the said make returns, to courts, to make returns, to the said agent; of the proceedings which have the agent, of proceedings on

taken place upon all writs of execution or other process which have been writs of execu- placed in his hands for the collection of the money which has been so tion, &c.

adjudged and decreed to the United States in the said courts, respec

tively. Nothing in Sec. 9. That nothing in this act contained shall be construed to take this act to impair away or impair any right or remedy which the United States now have, remedy, under by law, for the recovery of taxes, debts, or demands. preceding law.

No. 124. - May 15, 1820. Stat. at Large, CHAP. CXIII. - An Act to continue in Force An Act to protect the Commerce of the Vol. III. p. 600.

United States, and punish the Crime of Piracy,and also to make further Provisions

for punishing the Crime of Piracy. First, 2d, 3d, Be it enacted, &c. That the first, second, third, and fourth, sections of and 4th sections

an act, entitled “ An act to protect the commerce of the United States and of act of 3d March, 1819,

punish the crime of piracy,” passed on the third day of March, one ch. 77, continued thousand eight hundred and nineteen, be, and the same are hereby, confor two years, &c.

tinued in force, from the passing of this act for the term of two years, and from thence to the end of the next session of Congress, and no

longer. Fifth section Sec. 2. That the fifth section of the said act be, and the same is hereof the act of 3d by, continued in force, as to all crimes made punishable by the same, and continued as to heretofore committed, in all respects as fully as if the duration of the said crimes hereto- section had been without limitation. fore committed. Persons com

Sec. 3. That, if any person shall, upon the high seas, or in any open mitting robbery, roadstead, or in any haven, basin, or bay, or in any river where the sea on any ship or ebbs and flows, commit the crime of robbery, in or upon any ship or vesvessel, or ship's company, &c. or sel, or upon any of the ship's company of any ship or vessel, or the lading on the high seas, thereof, such person shall be adjudged to be a pirate: and, being thereof in a roadstead, convicted before the circuit court of the United States for the district into &c.

Conviction in which he shall be brought, or in which he shall be found, shall suffer circuit court

death. And if any person engaged in any piratical cruise or enterprise, where brought or found. or being of the crew or ship’s company of any piratical ship or vessel,

Persons en- shall land from such ship or vessel, and, on shore, shall commit robbery, paged in any pi- such person shall be adjudged a pirate: and on conviction thereof before ratical prise, &c. and the circuit court of the United States for the district into which he shall committing rob- be brought, or in which he shall be found, shall suffer death: Provided, bery on shore, declared pirates,

That nothing in this section contained shall be construed to deprive any and to suffer particular State of its jurisdiction over such offences, when committed death.

within the body of a county, or authorize the courts of the United States to try any such offenders, after conviction or acquittance, for the same offence, in a Ştate court.

Persons for

SEC. 4. That if any citizen of the United States, being of the crew or Persons landship’s company of any foreign ship or vessel engaged in the slave-trade, ing on a foreign or any person whatever, being of the crew or ship’s company of any slip ing negroes or or vessel, owned in the whole or part, or navigated for, or in behalf of, mulattoes, not any citizen or citizens of the United States, shall land, from any such ship &c. with intent or vessel, and, on any foreign shore, seize any negro or mulatto, not held to make them to service or labor by the laws of either of the States or Territories of the slaves, or decoy. United States, with intent to make such negro or mulatto a slave, or shall bringing or cardecoy, or forcibly bring or carry, or shall receive, such negro or mulatto rying, &c. them on board any such ship or vessel, with intent as aforesaid, such citizen or

on board, &c.

declared pirates, person shall be adjudged a pirate ; and, on conviction thereof before the and to suffer circuit court of the United States for the district wherein he may be death. brought or found, shall suffer death.

Sec. 5. That if any citizen of the United States, being of the crew or ship’s company of any foreign ship or vessel engaged in the slave-trade, cibly confining, or any person whatever, being of the crew or ship's company of any ship aiding to conor vessel, owned wholly or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall forcibly confine or detain, or board vessels,

negroes, &c. on aid and abet in forcibly confining or detaining, on board such ship or ves- &c. declared sel, any negro or mulatto not held to service by the laws of either of the pirates, and to States or Territories of the United States, with intent to make such negro or mulatto a slave, or shall, on board any such ship or vessel, offer or attempt to sell, as a slave, any negro or mulatto not held to service as aforesaid, or shall, on the high seas, or any where on tide water, transfer or deliver over, to any other ship or vessel, any negro or mulatto, not held to service as aforesaid, with intent to make such negro or mulatto a slave, or shall land, or deliver on shore, from on board any such ship or vessel, any such negro or mulatto, with intent to make sale of, or having previously sold, such negro or mulatto, as a slave, such citizen or person shall be adjudged a pirate ; and, on conviction thereof before the circuit court of the United States for the district wherein he shall be brought or found, shall suffer death.

fine or detain

suffer death.

No. 125. — MAY 15, 1820. CHAP. CXXII. – An Act supplementary to an Act, entitled An Act concerning Navi- Stat. at Large, gation.

Vol. III. p. 602. Be it enacted, 8c. That, from and after the thirtieth day of September Act of April next, the ports of the United States shall be and remain closed against 18, 181,8, chi, 65. every vessel owned wholly, or in part, by a subject or subjects of Sept. 1820, ports his Britannic majesty, coming, or arriving by sea, from any port or of United States place in the Province of Lower Canada, or coming or arriving from any British vessels port or place in the Province of New Brunswick, the Province of Nova coming from Scotia, the Islands of Newfoundland, St. Johns, or Cape Breton, or the Lower Canada,

New Brunswick, dependencies of any of them, the islands of Bermuda, the Bahama is- &c. lands, the islands called Caicos, or the dependencies of any of them, or See 1823, ch. from any other port or place in any island, colony, territory, or possession, under the dominion of Great Britain in the West Indies, or on the continent of America, south of the southern boundary of the United States, and not included within the act to which this act is supplementary. And every such vessel, so excluded from the ports of the United States, that Vessel and shall enter, or attempt to enter, the same, in violation of this act, shall, cargo forfeited

on attempting to with her tackle, apparel, and furniture, together with the cargo on board enter. such vessel, be forfeited to the United States. Sec. 2. That from and after the thirtieth day of September next, the

Bonds to be owner, consignee, or agent, of every vessel, owned wholly, or in part, by given by the a subject or subjects of his Britannic majesty, which shall have been duly British vessels, entered in any port of the United States, and on board of which shall after 30th Sept. have been there laden, for exportation, any article or articles of the 1820, laden with

22.

wares, or mer

articles of the growth, produce, or manufacture, of the United States, other than provisgrowth, &c. of

ions and sea stores, necessary for the voyage, shall, before such vessel the United States, for ex

shall have been cleared outward at the custom-house, give bond in a sum portation, not to double the value of such article or articles, with one or more sureties, to land them in the the satisfaction of the collector, that the article or articles so laden on prohibited places. board such vessel, for exportation, shall be landed in some port or place

other than a port or place in any province, island, colony, territory, or

possession, belonging to his Britannic majesty, that is mentioned or deVessels and scribed in this act, or in the act to which this act is supplementary. And articles forfeited

every such vessel that shall sail, or attempt to sail from any port of the sail before bond United States, without having complied with the provisions aforesaid, by given.

giving bond as aforesaid, shall, with her tackle, apparel, and furniture,

together with the article or articles aforesaid, laden on board the same as . Proviso. aforesaid, be forfeited to the United States : Provided, That nothing herein

contained shall be deemed or construed so as to violate any provision of the convention to regulate commerce between the territories of the United States and of his Britannic majesty, signed the third day of July, one

thousand eight hundred and fifteen. No goods,

Sec. 3. That from and after the thirtieth day of September next, no

goods, wares, or merchandise, shall be imported into the United States of chandise, to be imported from

America from the Province of Nova Scotia, the Province of New Brunsthe prohibited wick, the islands of Cape Breton, St. Johns, Newfoundland, or their rethey are wholly spective dependencies, from the Bermuda islands, the Bahama islands, the of the growth,

islands called Caicos, or either or any of the aforesaid possessions, islands, &c. of the colo- or places, or from any other province, possession, plantation, island, or and whence di place, under the dominion of Great Britain in the West Indies, or on the rectly imported. continent of America, south of the southern boundaries of the United

States, except only such goods, wares, and merchandise, as are truly and wholly of the growth, produce, or manufacture, of the province, colony, plantation, island, possession, or place aforesaid, where the same shall be

laden, and from whence such goods, wares, or merchandise, shall be diVessel and rectly imported into the United States; and all goods, wares, and merchangoods forfeited dise, imported, or attempted to be imported, into the United States of portations con

America, contrary to the provisions of this act, together with the vessel trary to this act. on board of which the same shall be laden, her tackle, apparel, and furni- '

ture, shall be forfeited to the United States. This act to be Sec. 4. That the form of the bond aforesaid shall be prescribed, and carried into ef

the same shall be discharged, and all penalties and forfeitures, incurred 18th April, 1818, under this act, shall be sued for, recovered, distributed, and accounted for, ch. 70.

and the same may be mitigated, or remitted, in the manner, and according to the provisions, of the act to which this act is supplementary.

in case of im

fect as act of

Act of March

No. 126. - MARCH 2, 1821. Stat. at Large,

CHAP. XIV. – An Act further to regulate the Entry of Merchandise imported into the Vol. III. p. 616.

United States from any adjacent Territory. Be it enacted, &c. That it shall be the duty of the master of any ves3, 1823, ch. 68. sel, except registered vessels, and of every person having charge of any ing into the Unit- boat, canoe, or raft, and of the conductor or driver of any carriage or ed States from sleigh, and of every other person, coming from any foreign territory adjaadjacent foreign cent to the United States, into the United States, with merchandise * subterritory with merchandise ject to duty, to deliver, immediately on his or her arrival within the subject to duty, United States, a manifest of the cargo or loading of such vessel, boat, manifests

, of the canoe, raft, carriage, or sleigh, or of the merchandise so brought from cargo or loading, such foreign territory, at the office of any collector or deputy collector at the office of

which shall be nearest to the boundary line, or nearest to the road or

See act of July 18, 1866, ch. 201, $ 9.

« PreviousContinue »