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. -An Act to provide a temporary Government for the Territory of Dakota, and to create the Office of Surveyor-General therein. Stat. at Large, CHAP. LXXXVI. Vol. XII. p. 239. 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. Stat. at Large, CHAP. III. Vol. XII. p. 255. 1864, ch, 225. § 3. duties at any may be collected at any port of delivery in the same district. Powers of sur veyors at such An Act further to provide for the Collection of Duties on Imports, and for other Purposes. Also 1861, ch. 3. Be it enacted, &c. That whenever it shall in the judgment of the PresiWhen 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 to cause such duties to be collected at any port of delivery in.said district until such obstruction shall cease; and in such case the surveyors at said ports of delivery shall be clothed with all the powers, and be subject to all the obligations of collectors at ports of entry; and the Secretary of the Treasury, with the approbation of the President, shall appoint such number of weighers, gaugers, measurers, inspectors, appraisers, and clerks as may be necessary, in his judgment, for the faithful execution of the revLimits 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 aforesaid; 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. ports. Secretary of Treasury to appoint weighers, gaugers, &c. tom-house may be established, &c. When duties SEC. 2. That if, from the cause mentioned in the foregoing section, in cannot be colthe 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 custom-house for the district be established in any secure place within said 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 the owner or consignee of the cargo on board any vessel detained as aforesaid, or the master of said vessel shall desire to enter a port of entry in 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 Vessel may change her destination to unobstructed port. 1 the Treasury to 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 regulalations 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 from custody of 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 persons as he shall have empowered for that purpose, to employ such part of 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. Use of military and naval force authorized. Ports of entry certain cases. Notice to be given. SEC. 4. That if, in the judgment of the President, from the cause mentioned 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 case give notice thereof by proclamation; and thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall 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. Effect of such discontinuance. in a state of in 1795, ch. 36, § 2. Vol. i. p. 424. 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 catting forth in certain cases, may declare the 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 the United States, and to cause the laws to be duly executed, and the insurgents 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 therethereof 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 section 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 may, in his discretion, license and permit commercial intercourse with any permit intersuch part of said State or section, the inhabitants of which are so declared 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 upon to cease. Certain goods President may course in certain cases, and under Officers of customs may be appointed; their pay, &c. ducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury. And the Secretary of the Treasury may appoint such officers at places where officers of the customs are not 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 § 28. 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 surrection, when to be forfeited. 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 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 be used to execute the revenue laws. Remission of penalties. 1797, ch. 13. Ante, p. 52. In what courts be enforced. SEC. 7. That in the execution of the provisions of this act, and of the other laws of the United States providing for the collection of duties on 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. SEC. 8. That the forfeitures and penalties incurred by virtue of this act may be mitigated or remitted in pursuance of the authority vested in the Secretary of the Treasury by the act entitled "An act providing for mitigating 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. 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. 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 Treasury may remit certain fines and penal ties. Proviso. $500 to be paid for fine exacted of the "India." Be it enacted, &c. That the Secretary of the Treasury be, and he is hereby, authorized to pay, out of any moneys in the treasury not otherwise appropriated, to the person or persons entitled to receive the same, 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 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. SEC. 2. That the Secretary of the Treasury be, and is hereby, anthorized to pay, out of any moneys in the treasury not otherwise appropriated, 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 of 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. 66 duties under remitted in certain 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 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 port 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. other purposes," approved the twenty-eighth day of March, eighteen hun- 163,920. 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. Proviso. CHAP. XX. An Act relative to the Revenue Marine, to fix the Compensation of the Be it enacted, &c. That the compensation of the officers of the revenue cutters shall be at the following rates, to wit:* DUTY PAY. [Captains, eighteen hundred dollars per annum. LEAVE OF ABSENCE OR WAITING ORDERS PAY. [Captains, twelve hundred dollars per annum. Stat. at Large, Vol. XII. p. 275. Officers of revenue cutters. Duty pay. Leave of absence pay. 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 assign any greater number of officers than is herein prescribed should the nature of the service to which any vessel may be assigned in his opinion require it. Proviso. 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 judgment, may be necessary for the protection of the revenue. SEC. 4. That the Secretary of the Treasury may, at his discretion, dispose of any of the vessels now belonging to the revenue marine which, in his opinion, are unsuitable for service, and to substitute therefor such other vessels as the advanced naval architecture and the increased wants of the service demand: Provided, That no expenditure shall be incurred beyond the specific appropriation therefor. per may perform. Certain rev enue vessels may ers substituted. be sold and oth Proviso. The Harriet Lane may be transferred to Proviso. SEC. 5. That the President of the United States, with the assent of the Secretary of the Treasury, may transfer the steamer "Harriet Lane" 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," 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 engisistants may be neers and assistant engineers as may be required by the steamers now or gineers and as appointed. Stat. at Large, Vol. XII. p. 284. 1861, ch. 3, § 5. When the inhabitants, &c. of any State may be declared to be in a state of in surrection. hereafter in the service. No. 409. – JULY 31, 1861. CHAP. XXXII. An Act in Addition to an Act entitled "An Act further to provide for the Collection of Duties on Imports, and for other Purposes," approved July thirteenth, A. D. eighteen hundred and sixty-one. Be it enacted, &c. That the power of the President to declare the inhabitants of any State, or any part thereof, in a state of insurrection, as provided in the fifth section of the act to which this is an addition, shall extend to and include the inhabitants of any State, or part thereof, where 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 Act to provide increased Revenue from Imports, to pay Interest on Vol. XII. p. 292. the Public Debt, and for other Purposes.* Drawback on Rules. 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 paid on such materials and no more, to be ascertained under such regulations 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 retained for the use of the United States by the collectors paying such drawbacks, respectively. be retained. Certain goods on shipboard and all goods in warehouses, &c. to pay former rate of duties. Duties on bonded goods to be paid in three months, if, &c. Proviso. Repealing clause. SEC. 5. All goods, wares, and merchandise, actually on shipboard and bound to the United States, and all goods, wares, and merchandise, on deposit in warehouses or public stores at the date of the passage of this act, shall be subject to pay such duties as provided by law before and at the 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 withdrawn therefrom, or the duties thereon paid in three months after the same are deposited, and goods designed for exportation and consumption 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 government, and sold under such regulations as the Secretary of the Treasury 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.) SEC. 7. That all acts and parts of acts repugnant to the provisions of this act be, and the same are hereby, repealed; Provided, That the exlaws for collec-isting laws shall extend to, and be in force for, the collection of the duties tion, &c. Saving as 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. |