otherwise, to any vessel, car, or other vehicle, or to any crate, box, bale, barrel, bag, basket, bundle, cask, package, parcel, article, or thing of any kind, any seal, lead, metal, or anything purporting to be a seal authorized by law, such person or persons shall be deemed guilty of felony, and, upon conviction before any court of competent jurisdiction, shall be imprisoned for a term not exceeding five years, or shall pay a fine of not exceeding one thousand dollars, or both, at the discretion of the court. And each vessel, car, or other vehicle, crate, box, bag, basket, barrel, bundle, cask, trunk, package, parcel, or other thing, with the cargo, or contents thereof, from which the wire, seal, lead, lock, or other fastening or mark shall have been broken, cut, picked, opened, or removed by any such unauthorized person or persons, or to which such seal or other thing purporting to be a seal, has been wrongfully attached as aforesaid, shall be forfeited to the United States. applied. SEC. 6. That from and after the passage of this act the penalty for Penalty under violating any of the provisions of the first section of the act entitled "An act 1862, ch. 169, § 1, and how act to further provide for the collection of the revenue upon the northern, northeastern, and northwestern frontier, and for other purposes," approved July fourteen, one thousand eight hundred and sixty-two, shall be a fine of one hundred dollars, and the same shall be disposed of and applied as herein provided for the distribution of fines and penalties recovered by virtue of this act; and so much of the said first section as conflicts herewith is hereby repealed. Additional in SEC. 7. That the Secretary of the Treasury be, and he is hereby, authorized to appoint whenever he shall think it necessary, additional in- spectors. spectors of the revenue for the districts named below, as follows, to wit: Passamaquoddy, Maine, four; Portland and Falmouth, Maine, eight; Boston and Charlestown, Massachusetts, fourteen; Pembina, Minnesota, two; Chicago, Illinois, eight; Michilimackinac, Michigan, two; Sandusky, Ohio, one; Cuyahoga, Ohio, three; Erie, Pennsylvania, one; Dunkirk, New York, one; Buffalo Creek, New York, six; Niagara, two; Genesee, two; Oswego, five; Oswegatchie, two; Champlain, four; Vermont, two. SEC. 8. That the Secretary of the Treasury shall have authority to remit in whole or in part, and upon such terms as he shall judge right, the fines, penalties, or forfeitures incurred or accruing under the provisions of this act, or of said act approved July fourteen, eighteen hundred and sixty-two, if, in his opinion, the same shall have been incurred without wilful negligence or any intention of fraud in the person or persons incurring the same; and he shall have authority to ascertain the facts upon applications for remission under this act in such manner and under such regulations as shall be by him prescribed, and all fines, penalties, and forfeitures, recovered by virtue of this act, shall, after deducting all proper costs and charges, be disposed of and applied as provided in the ninetyfirst section of the act entitled "An act to regulate the collection of duties on imports and tonnage," approved on the second of March, in the year one thousand seven hundred and ninety-nine. Secretary may remit certain fines, &c. Facts, how may be ascertained. Fines, &c. how disposed of. 1799, ch. 22. CHAP. CLXX. -An Act repealing certain Provisions of Law concerning Seamen on Stat. at Large, Vol. XIII. p. 201. Certain laws Be it enacted, &c. That so much of an act entitled "An act for the respecting searegulation of seamen on board the public and private vessels of the United men on board U. States," approved the third of March, one thousand eight hundred and S. vessels, rethirteen, as makes it not lawful to employ on board any of the public or 1813, ch. 42. private vessels of the United States any person or persons except citizens of the United States or person[s] of color, natives of the United States; pealed. 1817, ch. 31, §§ 3, 5, 6, 7. 66 and so much of the third, fifth, sixth, and seventh sections of " An act concerning the navigation of the United States," approved the first of March, one thousand eight hundred and seventeen, as concerns the crews of vessels therein named; and so much of the first section of an act entitled 1830, ch. 219, § 1. “An act to repeal the tonnage duties upon ships and vessels of the United States and upon certain foreign vessels," approved the thirty-first of May, one thousand eight hundred and thirty, as makes discrimination in favor of vessels certain proportions of whose crews shall be citizens of the United States, shall be, and the same are hereby, repealed: Provided, however, That officers of vessels of the United States shall in all cases be citizens of the United States. Officers of United States vessels to be citizens. Stat. at Large, Vol. XIII. p. 202. Decision of collector as to duty to be final, unless written objections are given in ten days. Decision of collector to be final unless appeal is made to Secretary of Treasury within thirty days, No. 474.- JUNE 30, 1864. CHAP. CLXXI. · An Act to increase Duties on Imports, and for other Purposes. (As to first 13 sections of this act, see Part II.) SEC. 14. On the entry of any vessel, or of any goods, wares, or merchandise, the decision of the collector of customs at the port of importation and entry, as to the rate and amount of duties to be paid on the tonnage of such vessel or on such goods, wares, or merchandise, and the dutiable costs and charges thereon, shall be final and conclusive against all persons interested therein, unless the owner, master, commander, or consignee of such vessel, in the case of duties levied on tonnage, or the owner, importer, consignee, or agent of the merchandise, in the case of duties levied on goods, wares, or merchandise, or the costs and charges thereon, shall, within ten days after the ascertainment and liquidation of the duties by the proper officers of the customs, as well in cases of merchandise entered in bond, as for consumption, give notice in writing to the collector on each entry, if dissatisfied with his decision, setting forth therein, distinctly and specifically, the grounds of his objection thereto, and shall within thirty days after the date of such ascertainment and liquidation, appeal therefrom to the Secretary of the Treasury, whose decision on such appeal shall be final and conclusive; and such vessel, goods, wares, or merchandise, or costs and charges, shall be liable to duty accordingly, any act of Congress to the contrary notwithstanding, unless suit shall be brought within ninety days after the decision of the Secretary of the Treasury on such appeal for any duties which shall have been paid before the date of such decision on such vessel, or on such goods, wares, or merchandise, or costs or charges, or within ninety days after the payment of duties paid after the decision of the secretary. And no suit shall be Suit not to be maintained in any court for the recovery of any duties alleged to have maintained unless, &c. been erroneously or illegally exacted, until the decision of the Secretary of the Treasury shall have been first had on such appeal, unless said decision of the secretary shall be delayed more than ninety days from the date of such appeal in case of an entry at any port east of the Rocky Mountains, or more than five months in case of an entry west of those mountains. and suit brought within ninety days after decision of secretary. Decision of col matters to be SEC. 15. The decision of the respective collectors of customs as to all lectors as to other fees, charges, and exactions of whatever character, other than those final, unless, &c. mentioned in the next preceding section, claimed by them, or by any of the officers under them, in the performance of their official duty, shall be final and conclusive against all persons interested in such fees, charges, or exactions, unless the like notice that an appeal will be taken from such decision to the Secretary of the Treasury shall be given within ten days from the making of such decision, and unless such appeal shall actually be taken within thirty days from the making of such decision; and the decision of the Secretary of the Treasury shall be final and conclusive upon the matter so appealed, unless suit shall be brought for the re covery of such fees, charges, or exactions, within the period as provided for in the next preceding section in regard to duties. And no suit shall be maintained in any court for the recovery of any such fees, costs, and charges, alleged to have been erroneously or illegally exacted, until the decision of the Secretary of the Treasury shall have been first had on such appeal, unless such decision of the Secretary shall be delayed more than ninety days from the date of such appeal in case of an entry at any port east of the Rocky Mountains, nor more than five months in case of an entry west of those mountains. duties. SEC. 16. Whenever it shall be shown to the satisfaction of the Secre- Secretary of Treasury to retary of the Treasury that, in any case of unascertained duties, or duties or fund money paid other moneys paid under protest and appeal, as hereinbefore provided, in excess of more money has been paid to the collector, or person acting as such, than the law requires should have been paid, it shall be the duty of the Secretary of the Treasury to draw his warrant upon the treasurer in favor of the person or persons entitled to the over-payment, directing the said treasurer to refund the same out of any money in the treasury not otherwise appropriated. Proviso. SEC. 17. A discriminating duty of ten per centum ad valorem, in ad-Discriminating dition to the duties imposed by law, shall be levied, collected, and paid on cent. on goods duty of ten per all goods, wares, and merchandise which, on and after the day this act shall imported in fortake effect, shall be imported in ships or vessels not of the United States: eign vessels. Provided, That this discriminating duty shall not apply to goods, wares, and merchandise which shall be imported, on and after the day this act takes effect, in ships or vessels not of the United States, entitled, by treaty or any act or acts of Congress, to be entered in the ports of the United States on payment of the same duties as shall then be paid on goods, wares, and merchandise imported in ships or vessels of the United States. SEC. 18. [On and after the day and year this act shall take effect there shall Ten per cent. be levied, collected, and paid on all goods, wares, and merchandise of the growth additional on or produce of countries east of the Cape of Good Hope, (except raw cotton,) goods grown east when imported from places west of the Cape of Good Hope, a duty of ten per Hope, imported, of Cape of Good centum ad valorem, in addition to the duties imposed on any such articles when &c. imported directly from the place or places of their growth or production: Pro- See 1865, ch. vided, That section three of the act approved August five, eighteen hundred and 80,6. sixty-one, entitled "An act to provide increased revenue from imports, to pay ch. 45, § 3. interest on the public debt, and for other purposes," and section fourteen of the Vol. xii. act approved July fourteen, eighteen hundred and sixty-two, entitled "An act 1862, ch.163.§ 14. increasing temporarily the rates of duties on imports, and for other purposes," be, Vol. xii. p. 557. and the same are hereby, repealed.] Repeal of 1861, p. 293. Goods in store SEC. 19. All goods, wares, and merchandise which may be in the pub- and bond subject lic stores or bonded warehouses on the day and year this act shall take to what duty. effect shall be subjected to no other duty upon the entry thereof for consumption than if the same were imported respectively after that day, and so much of the act of August sixth, eighteen hundred and forty-six, or any other act, as requires the sale of fire-crackers, or prohibits their deposit in bonded warehouse, is hereby repealed. 1846, ch. 84. SEC. 20. The joint resolution "to increase temporarily the duties on Resolution of April 29 to take imports," approved April twenty-ninth, eighteen hundred and sixty-four, effect April 30. shall not be deemed to have taken effect until after the thirtieth day of April, eighteen hundred and sixty four, and shall be and remain in force until and including the thirtieth day of June, eighteen hundred and sixtyfour, and any duties which shall have been exacted and received, contrary to the provisions of this section, shall be refunded by the Secretary of the Treasury. (Section 21 expired by its own limitation.) Repealing clause. Laws for col SEC. 22. All acts and parts of acts repugnant to the provisions of this act be, and the same are hereby, repealed: Provided, That the existing laws shall extend to and be in force for the collection of the duties imposed lection of duties, by this act for the prosecution and punishment of all offences, and for the &c. to be in force. Duties on goods not provided for by this act. Duty on philo 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: And provided, further, That the duties upon all goods, wares, and merchandise imported from foreign countries not provided for in this act shall be and remain as they were, according to existing laws prior to the twenty-ninth of April, eighteen hundred and sixty-four. (Sections 23 and 24 repealed, 1865, ch. 79, § 7.) SEC. 25. So much of section twenty-three of the act entitled "An act sophical appara- to provide for the payment of outstanding treasury notes, to authorize a tus, &c. for colleges. loan, to regulate and fix the duties on imports, and for other purposes," Repeal of 1861, approved March two, eighteen hundred and sixty-one, as exempts from ch. 68, § 23. Vol. xii. p. 193. duty all philosophical apparatus and instruments imported for the use of any society incorporated for philosophical, literary, or religious purposes, or for the encouragement of the fine arts, or for the use, or by the order of any college, academy, school, or seminary of learning in the United States, is hereby repealed. And the same shall be subject to a duty of fifteen per centum ad valorem. Casks, &c. exported full and SEC. 26. When any cask, barrel, carboy, or other vessel of American returned empty, manufacture, exported or sent out of the country, filled with the products to be free of duty. of the United States, shall be returned to the United States empty, the same shall be admitted free of duty, under such rules and regulations as may be prescribed by the Secretary of the Treasury. Invoices of imports, to be made out in what weights, measures, &c. ditional. SEC. 27. On and after January first, eighteen hundred and sixty-five, the invoices of all goods, wares, and merchandise, imported into the United States, shall be made out in the weights or measures of the country or place from which the importations shall be made, and shall contain a true statement of the actual weights or measures of such goods, wares, and merchandise, without any respect to the weights or measures of the United States. Officers of cusSEC. 28. In all cases where officers of the customs, or other salaried toms, &c. appointed to carry officers of the United States, shall be, or shall have been, appointed by into effect certain the Secretary of the Treasury, to carry into effect the licenses, rules, and licenses, to have $1,000 a year ad- regulations provided for by the fifth section of the act of the thirteenth of July, eighteen hundred and sixty-one, entitled "An act further to provide 1861, ch. 3, § 5. for the collection of duties on imports, and for other purposes," such officer of the United States shall be entitled to receive one thousand dollars per annum for his services, under the act aforesaid, in addition to his salary or compensation under any other law: Provided, That the aggregate compensation of any such officer shall not exceed the sum of five thousand dollars in any one year. Proviso. Personal effects, luggage. SEC. 29. Any baggage or personal effects arriving in the United States in transit to any foreign country, may be delivered by the parties having it in charge to the collector of customs, to be by him retained, without the payment or exaction of any import duty, and to be delivered to such parties on their departure for their foreign destination, under such rules, regulations, and fees as the Secretary of the Treasury may prescribe. Stat. at Large, Vol. XIII. p. 326. Places for load CHAP. CLXXXIX. - An Act to facilitate Trade on the Red River of the North. Be it enacted, &c. That the President of the United States be, and he ing and unload is hereby, authorized to designate and establish such points or places upon ing cargoes on the Red River of the Red River of the North as to him shall seem expedient for lading and the North to be unlading the cargoes of vessels navigating the said river. designated by the President. No. 476. - JULY 1, 1864. CHAP. CCII.—An Act to establish Portland, in the State of Oregon, and Leavenworth, in the State of Kansas, Ports of Delivery. Stat. at Large, Vol. XIII. p. 342. Portland and authorized. Be it enacted, &c. That Portland, in the State of Oregon, and within Leavenworth the collection district of Oregon, and Leavenworth, in the State of Kan- made ports of sas, and within the collection district of Mississippi, be, and hereby are, delivery. declared to be ports of delivery within their respective collection districts. And there shall be appointed a surveyor of customs, to reside at each of Surveyors said ports, who shall perform the duties and receive the compensation and emoluments prescribed in the act of Congress approved March the second, eighteen hundred and thirty-one, being "An act allowing the duties on foreign merchandise imported into Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, Nashville, and Natchez to be secured and paid at those places." 1831, ch. 87. No. 477.- JULY 2, 1864. . CHAP. CCX. An Act making Appropriations for sundry Civil Expenses of the Government for the Year ending the thirtieth of June, eighteen hundred and sixty-four, and for other Purposes. SEC. 3. That in the courts of the United States there shall be no exclusion of any witness on account of color, nor in civil actions because he is a party to, or interested in, the issue tried. Stat. at Large, Vol. XIII. p. 344. CHAP. CCXLIX. - An Act further to regulate the Carriage of Passengers in Steam- Stat. at Large, Vol. XIII. p. 390. Term “contiguous territory " certain ports. 1855, ch. 213. Be it enacted, &c. That the term "contiguous territory," in the first section of the act entitled "An act to regulate the carriage of passengers not to extend to in steamships and other vessels," approved March three, eighteen hundred and fifty-five, shall not be held to extend to any port or place connecting with any inter-oceanic route through Mexico. Provisions of § 11 of act of 1855, ch. 213, SEC. 2. That the provisions of the eleventh section of said act be, and the same are hereby, extended to all vessels whose passengers, or any part of them, are or shall be bound from or to any of the ports or places extended. therein mentioned, by way of any overland route or routes through Mexico or Central America. tificates to be SEC. 3. That hereafter there shall be delivered to masters or owners of Three copies of vessels three copies of the inspectors' certificates directed to be given inspectors' certhem by collectors or other chief officers of the customs, by the twenty- given masters, fifth section of the act entitled "An act to amend an act entitled 'An act &c. to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam,' and for other purposes," approved August thirty, eighteen hundred and fifty-two, one of which 1852, ch.106, § 25. copies shall be placed, and at all times kept, by said masters or owners, One to be kept in some conspicuous place in the vessel, where it will be most likely to be in a conspicuous discovered by steerage passengers, and the others as now provided by law; place in the vesand the penalty for neglecting or refusing to place and keep up such additional copy shall be the same as is provided by the said twenty-fifth section in the other cases therein mentioned. sel. Penalty. SEC. 4. That the list of passengers required to be kept by section List of passenthirty-five of the said act of August thirty, eighteen hundred and fifty-two, gers to be open shall also be open to the inspection of any passenger during all reasonable to inspection. * See following acts and resolutions, to wit: Acts 1825, ch. 99; 1838, ch. 191; 1843, ch. 94; 1849, ch. 105, § 5; 1852, ch. 106; 1855, ch. 213; 1860, ch. 8. Resolutions Jan. 7, 1853; March 3, 1853. |