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upwards, after the time within which the report of the master or person having charge or command of any ship or vessel is required to be made to the collector of the district, if there shall be found any goods, wares, or merchandise other than shall have been reported for some other district, or some foreign port or place, the collector shall take possession thereof; but with the consent of the owner or consignee of any goods, wares, or merchandise, or with the consent of the owner or master of the vessel in which the same may be imported, the said goods, wares, or merchandise may be taken possession of by the collector, after one day’s notice to the collector of the district.

No. 405. — March 2, 1861. Stat. at Large, CHAP. LXXXVI. - An Act to provide a temporary Gorernment for the Territory of Vol. XII. p. 239.

Dakota, and to create the Office of Surveyor-General therein. Dakota River. Sec. 20. That the river in said Territory heretofore known as the

“ River aux Jacques,” or “James River,” shall hereafter be called the Dakota river.

No. 406. - JULY 13, 1861.
Stat. at Large, CHAP. III. - An Act further to provide for the Collection of Duties on Imports, and for
Vol. XII.


other Purposes. 1864, ch, 225. $ 3. Also 1861, ch. 3. Be it enacted, &c. That whenever it shall in the judgment of the Presi

When imprac- dent, by reason of unlawful combinations of persons in opposition to the ticable to collect laws of the United States, become impracticable to execute the revenue port of entry in laws and collect the duties on imports by the ordinary means, in the ordiany district, they nary way, at any port of entry in any collection district, he is authorized at any port of to cause such duties to be collected at any port of delivery in.said district delivery in the until such obstruction shall cease; and in such case the surveyors at said same district. Powers of sur

ports of delivery shall be clothed with all the powers, and be subject to all veyors at such the obligations of collectors at ports of entry; and the Secretary of the ports.

Treasury, with the approbation of the President, shall appoint such numSecretary of Treasury to ap

ber of weighers, gaugers, measurers, inspectors, appraisers, and clerks as point weighers, may be necessary, in his judgment, for the faithful execution of the revgaugers, &c. Limits of ports

enue laws at said ports of delivery, and shall fix and establish the limits to be established. within which such ports of delivery are constituted ports of entry, as afore

said ; and all the provisions of law regulating the issue of marine papers,

the coasting trade, the warehousing of imports, and collection of duties, Laws to apply shall apply to the ports of entry so constituted, in the same manner as they to such ports.

do to ports of entry established by the laws now in force. When duties SEC. 2. That if, from the cause mentioned in the foregoing section, in

the judgment of the President, the revenue from duties on imports cannot lected at any port of entry or be effectually collected at any port of entry in any collection district, in delivery in any the ordinary way, and by the ordinary means, or by the course provided district, the cus- in the foregoing section, then and in that case he may direct that the cusbe established, tom-house for the district be established in any secure place within said &c.

district, either on land or on board any vessel in said district or at sea near Residence and the coast; and in such case the collector shall reside at such place, or on duty of collector. shipboard, as the case may be, and there detain all vessels and cargoes

arriving within or approaching said district, until the duties imposed by

law on said vessels and their cargoes are paid in cash : Provided, That if Vessel may

the owner or consignee of the cargo on board any vessel detained as aforechange her des

said, or the master of said vessel shall desire to enter a port of entry in structed port.

any other district in the United States where no such obstructions to the execution of the laws exist, the master of such vessel may be permitted so to change the destination of the vessel and cargo in his manifest, whereupon the collector shall deliver him a written permit to proceed to the

cannot be col

tination to unob

port so designated : And, provided further, That the Secretary of the Secretary of Treasury shall , with the approbation of the President, make proper regu- make regula

the Treasury to lations for the enforcement on shipboard of such provisions of the laws tions. regulating the assessment and collection of duties as in his judgment may be necessary and practicable.

Sec. 3. That it shall be unlawful to take any vessel or cargo detained Vessel or cargo as aforesaid from the custody of the proper officers of the customs, unless not to be taken by process of some court of the United States; and in case of any attempt officers of cusotherwise to take such vessel or cargo by any force, or combination, or toms, unless, &c. assemblage of persons, too great to be overcome by the officers of the customs, it shall and may be lawful for the President, or such person or per

Use of military sons as he shall have empowered for that purpose, to employ such part


and naval force

authorized. the army or navy or militia of the United States, or such force of citizen volunteers 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.

Sec. 4. That if, in the judgment of the President, from the cause men- Ports of entry tioned in the first section of this act, the duties upon imports in any collec- may be closed in tion district cannot be effectually collected by the ordinary means and in the ordinary way, or in the mode and manner provided in the foregoing sections of this act, then and in that case the President is hereby empowered to close the port or ports of entry in said district, and in such

Notice to be

given. case give notice thereof by proclamation ; and thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall

Effect of such

discontinuance. cease and be discontinued at such port so closed, until opened by the order of the President on the cessation of such obstructions; and if, while said ports are so closed, any ship or vessel from beyond the United States, or having on board any articles subject to duties, shall enter or attempt to enter any such port, the same, together with its tackle, apparel, furniture, and cargo, shall be forfeited to the United States.

Sec. 5. That whenever the President, in pursuance of the provisions of The President, the second section of the act entitled “ An act to provide for calling forth in certain cases, the militia to execute the laws of the Union, suppress insurrections, and inhabitants of a repel invasions, and to repeal the act now in force for that purpose,” ap- State, &c. to be proved February twenty-eight, seventeen hundred and ninety-five, shall

surrection. have called forth the militia to suppress combinations against the laws of 1796, ch. 36, $ 2. the United States, and to cause the laws to be duly executed, and the in

Vol. i. p. 424. surgents shall have failed to disperse by the time directed by the President, and when said insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which said combination exists, nor such insurrection suppressed by said State or States, then and in such case it may and shall be lawful for the President, by proclamation, to declare that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States; and there- Commercial inupon all commercial intercourse by and between the same and the citizens tercourse there

upou to cease. thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostilities shall continue ; and all goods and chattels, wares and merchandise, coming from said State or sec- Certain goods tion into the other parts of the United States, and all proceeding to such to be forfeited. State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States: Provided, however, That the President

President may may, in bis discretion, license and permit commercial intercourse with any

permit inter

course in certain such part of said State or section, the inhabitants of which are so declared

cases, and under in a state of insurrection, in such articles, and for such time, and by such regulations. persons, as he, in his discretion, may think most conducive to the public 1864, ch. 225, $ 9. interest; and such intercourse, so far as by him licensed, shall be con

of in

pay, &c.

§ 28.

to be forfeited.

ducted and carried on only in pursuance of rules and regulations prescribed Officers of cus- by the Secretary of the Treasury. And the Secretary of the Treasury toms may be ap

may appoint such officers at places where officers of the customs are not pointed; their

now authorized by law as may be needed to carry into effect such licenses, 1864, ch. 171, rules and regulations ; and officers of the customs and other officers shall

receive for services under this section, and under said rules and regulations, such fees and compensation as' are now allowed for similar service

under other provisions of law. Vessels belong- Sec. 6. That from and after fifteen days after the issuing of the said ing to those in in- proclamation, as provided in the last foregoing section of this act, any ship surrection, when

or vessel belonging in whole or in part to any citizen or inhabitant of said State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States,

shall be forfeited to the United States. The navy may

Sec. 7. That in the execution of the provisions of this act, and of the be used to exe

other laws of the United States providing for the collection of duties on laws.

imports and tonnage, it may and shall be lawful for the President, in addition to the revenue cutters in service, to employ in aid thereof such

other suitable vessels as may, in his judgment, be required. Remission of SEC. 8. That the forfeitures and penalties incurred by virtue of this act penalties. 1797, ch. 13.

may be mitigated or remitted in pursuance of the authority vested in the Ante, p. 52. Secretary of the Treasury by the act entitled “ An act providing for miti

gating or remitting the forfeitures, penalties, and disabilities accruing in certain cases therein mentioned,” approved March third, seventeen hundred and ninety-seven, or in cases where special circumstances may seem to require it, according to regulations to be prescribed by the Secretary of

the Treasury. In what courts Sec. 9. That proceedings on seizures for forfeitures under this act may forfeitures may be pursued in the courts of the United States in any district into which the

property so seized may be taken and proceedings instituted ; and such courts shall have and entertain as full jurisdiction over the same as if the seizure was made in that district.

cute the revenue

No. 407. — JULY 24, 1861.

Stat. at Large, CHAP. X, – An Act authorizing the Secretary of the Treasury to remit Fines and PenalVol. XII. p. 271.

ties incurred in certain Cases. Secretary of Be it enacted, 8c. That the Secretary of the Treasury be, and he is Treasury may hereby, authorized to pay, out of any moneys in the treasury not otherfines and penal- wise appropriated, to the person or persons entitled to receive the same, ties.

the amount of such fines or penalties as have been incurred and paid by the owners or masters of vessels since the first day of December, eighteen hundred and sixty, in consequence of their failure to produce to collectors of the customs the clearances or other papers prescribed and required by

the laws of the United States regulating the issue of marine papers, and Proviso. the foreign and coasting trades : Provided, That the Secretary of the

Treasury shall be satisfied in each case that there was no wilful negligence, or any intention of fraud on the part of the person or persons incurring the fines or penalties aforesaid, and that they were unable to obtain the requisite papers, by reason of there being no officer of the customs at the port of departure authorized to issue marine papers, or to grant clearances

under the laws of the United States. $500 to be paid

SEC. 2. That the Secretary of the Treasury be, and is hereby, anfor fine exacted thorized to pay, out of any moneys in the treasury not otherwise approof the "India."

priated, to the person or persons entitled to receive the same, the sum of
five hundred dollars, that being the amount of a fine improperly exacted
by the collector the customs at the port of Norfolk, Virginia, in the
month of November, eighteen hundred and sixty, of the master of the
· India," a Russian vessel.

tain cases.

Sec. 3. That the Secretary of the Treasury be, and is hereby, author- Additional ized to remit, in whole or in part, on such conditions, and under such regu- transportation

duties under lations, not inconsistent with law, as he may prescribe, the additional duty bonds may be secured by the bond given for the transportation of merchandise from a remitted in cerport in one collection district to a port in another collection district, prescribed by the sixth section of the act entitled “An act to extend the 1854, ch. 30, $ 6. warehousing system by establishing private bonded warehouses, and for Also 1862, ch.

163, $ 20. other purposes," approved the twenty-eighth day of March, eighteen hun-Proviso. dred and fifty-four: Provided, That it shall be proved to the satisfaction of the Secretary of the Treasury that the failure to transport and deliver the merchandise aforesaid according to the conditions of the bond, occurred without wilful negligence or fraudulent intent on the part of the obligors.

enue cutters.

No. 408. — JULY 25, 1861. CHAP. XX. – An Act relative to the Revenue Marine, to fix the Compensation of the Stat, at Large, Officers thereof, and for other Purposes.

Vol. XII, p. 275. Be it enacted, &c. That the compensation of the officers of the revenue Officers of revcutters shall be at the following rates, to wit: * DUTY PAY.

Duty pay. (Captains, eighteen hundred dollars per annum. First lieutenants, fourteen hundred dollars per annum. Second lieutenants, twelve hundred dollars per annum. Third lieutenants, nine hundred dollars per annum.] LEAVE OF ABSENCE OR WAITING ORDERS PAY.

Leave of ab

sence pay. (Captains, twelve hundred dollars per annum. First lieutenants, one thousand dollars per annum. Second lieutenants, eight hundred dollars per annum. Third lieutenants, seven hundred dollars per annum.]

Sec. 2. That the number of officers for each revenue vessel shall be Officers of each one captain and three lieutenants, first, second, and third ; and of a steam- vessel. vessel, one engineer, and one assistant engineer, and such number of petty officers and men as in the opinion of the Secretary of the Treasury may be required to make the vessels efficient for the duties required of them : Provided, That the Secretary of the Treasury shall have the power to Proviso. assign any greater number of officers than is herein prescribed should the vature of the service to which any vessel may be assigned in his opinion require it.

Sec. 3. That the Secretary of the Treasury shall have the power to What service direct the performance of any service by the revenue vessels which, in his revenue vessels

may perform. judgment, may be necessary for the protection of the revenue.

SEC. 4. That the Secretary of the Treasury may, at his discretion, dis- Certain revpose


any of the vessels now belonging to the revenue marine which, in enue vessels may his opinion, are unsuitable for service, and to substitute therefor such other ers substituted. vessels as the advanced naval architecture and the increased wants of the service demand: Provided, That no expenditure shall be incurred beyond Proviso. the specific appropriation therefor.

Sec. 5. That the President of the United States, with the assent of the The Harriet Secretary of the Treasury, may transfer the steamer“ Harriet Lane” per transferred to manently to the navy: Provided, That the cost of said steamer shall be the navy. refunded to the appropriation “ for a suitable steamer for a revenue cutter,” Proviso. and which amount, together with the proceeds of any vessels disposed of by authority of this act, may be applied to the building or purchase of such other vessels as may be required.

* See acts of Feb. 4, 1863, ch. 20, and Feb. 28, 1867, ch. 101.

Additional en- Sec. 6. That there may be appointed such number of additional engigineers and assistants may be

neers and assistant engineers as may be required by the steamers now or appointed. hereafter in the service.

No. 409. — JULY 31, 1861. Stat. at Large, CHAP. XXXII. - An Act in Addition to an Act entitled An Act further to provide for Vol. XII. p. 284. the Collection of Duties on Imports, and for other Purposes," approved July thirteenth, 1861, ch. 3, § 6. A. D. eighteen hundred and sixty-one. When the in

Be it enacted, &c. That the power of the President to declare the inhabhabitants, &c. of any State may

itants of any State, or any part thereof, in a state of insurrection, as probe declared to be vided in the fifth section of the act to which this is an addition, shall exin a state of in- tend to and include the inbabitants of any State, or part thereof, where surrection.

such insurrection against the United States shall be found by the President at any time to exist.

No. 410. - August 5, 1861. Stat. at Large, CHAP. XLV.- An Ad to provide increased Revenue from Imports, to pay Interest on Vol. XII. p. 292.

the Public Debt, and for other Purposes.* Drawback on Sec. 4. From and after the passage of this act, there shall be allowed, certain articles.

on all articles wholly manufactured of materials imported, on which duties

have been paid when exported, a drawback, equal in amount to the duty Rules. paid on such materials and no more, to be ascertained under such regula

tions as shall be prescribed by the Secretary of the Treasury: Provided, 10 per cent. to That ten per centum on the amount of all drawbacks, so allowed, shall be be retained.

retained for the use of the United States by the collectors paying such

drawbacks, respectively. Certain goods Sec. 5. All goods, wares, and merchandise, actually on shipboard and on shipboard and bound to the United States, and all goods, wares, and merchandise, on deall goods in warehouses, &c. to posit in warehouses or public stores at the date of the passage of this act, pay former rate shall be subject to pay such duties as provided by law before and at the of duties.

time of the passage of this act: Provided, That all goods deposited in public store or bonded warehouse after this act takes effect and goes into

operation, if designed for consumption in the United States, must be Duties on

withdrawn therefrom, or the duties thereon paid in three months after the bonded goods to same are deposited, and goods designed for exportation and consumption be paid in three months, if, &c. in foreign countries may be withdrawn by the owner at any time before

the expiration of three years after the same are deposited, such goods, if not withdrawn in three years, to be regarded as abandoned to the govern

ment, and sold under such regulations as the Secietary of the Treasury Proviso. may prescribe, and the proceeds paid into the treasury: Provided, That

merchandise upon which the owner may have neglected to pay duties within three months from the time of its deposit may be withdrawn and entered for consumption at any time within two years of the time of its deposit upon the payment of the legal duties, with an addition of twenty-five per centum thereto.

(Sec. 6. Superseded.) Repealing

Sec. 7. That all acts and parts of acts repugnant to the provisions of clause.

this act be, and the same are hereby, repealed; Provided, That the exSaving as to laws for collec-isting laws shall extend to, and be in force for, the collection of the duties tion, &c.

imposed by this act, for the prosecution and punishment of all offences, and for the recovery, collection, distribution, and remission of all fines, penalties, and forfeitures, as fully and effectually as if every regulation, penalty, forfeiture, provision, clause, matter, and thing to that effect in the existing laws contained, had been inserted in and re-enacted by this act.

* For so much of the first four sections of this act as remains in force, see Part II., and for the residue of the act not here inserted, see Part III. of this compilation,

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