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same to be true; which petition, affidavit, and ceruficate, shil be presented to he said Circuit Court, if in session, and if not, to the cle k thereof, at his office, and shall be filed in said office, and the cause shal: thereupon be eate ed on the docket of said Cour, 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 proceed ngs 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 authorized thereto; and, thereupon it shall be the duty of the said Sate Court to stay ail further proceedings in such cause, and the said suit, or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be de med and taken to be moved to the said Circuit Court, and any further proceedings, trial or judgment therein in the Sate Court shall be wholly null and void. And if the defendant in any such suit be in actual custody on mesne process therein, it shall be the duty of the mar-hal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be deat with in the said cause according to the rules of law and the order of the Circuit Court, or of any judge therefof, in vacation. And all attachments made and all bad and other security given upon such suit, or prosecution, shall be and continue in like force and effect, as if the same suit or prosecution, had proceeded to final judgment and execution in the State Court. And if, upon the removal of any such suit, or prosecution, it shall be made to appear to the said Circuit Court that no copy of the record nd proceedings therein, in the State Court, ca. 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 nan pros. may be rendered against the plain iff with costs for the defendant.

SEC 4 And be it further enacted, That in any case in which any party is for may be by law, entitled to copi s of the record and proceedings in any suit for prosecution in any State Court, to be used in any court of the United States, if the clerk of said State Court, shail, upon deniand, and the payment for tender of the legal fees, refuse or neglect to deliver to such party certified copies of such record and proceedings, the Court of the United States in 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 hereof, on demand as aforesaid, may direct and allow such record to be sup plied by affidavit, o. otherwise, as the circumstance 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 records and proceedings had been regularly before the said court.

SEC. 5. And be it further enacted, That whenever the President of the United States shall be officially inforced, by the authorities of any State, or ya judge of any Circuit or District Court of the United States, in the State, that, within the limits of such State, any law or laws of the United States, or the execution thereof, or of any process from the Courts of the United States is obstructed by the employment of military force, or by any other unlawful means, too great to be overcome by the ordinary course of judicia proceeding, or by the powers vested in the marshal by existing laws, it shalip 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 proclamation, any such opposition or obstruction shall be made, in the manner or by the leaus aforesaid, the President shall be, and hereby is, au

thorized, prompty to employ steb means to suppress the same, and to cause the said laws or process to be duly executed, as are authorized and provided in the cases therein mentioned by the act of the twenty-eighth of February, one thousand seven hundred and ninety-five, entitled "An act to provide fo calling forth the militia to exe ute the laws of the Union, suppress insur rections, repel invasion, and o repeal he act nown force for that purpose;" and also, by the act of the third of Marc, one thousand eight hundred and seven, entitled An act authorizing the employment of the land and nava. forces of the United States in cases of insurrection "

SEC 6 And be it further enacted, Tha in any State where the jails are not allowed to be used for the mprisonment of persons arrested or commi te:: under the laws of the United States, or where houses are not allowed to be so used, it sheli and may be lawful for any marshai, under the direction of the judge of the United States for the proper district, to use other convenien/ places, within the limits of said State, and to make such other provision as he may deem expedient and necessary for that purpose.

SEC 7 And be it further enacted, That either of the justices of the Supreme Court, or a judge of any District Court of the United States, in addition to the authority a ready conterred by law, shall have power to grant writs of habeas corpus in all cases of a prisoner or prisoners, in jail or confinement, where he or they shall be con mi ted 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 cour thereof, any thing in any act of Congress to the contrary notwithstanding. And if any person or persons to whom such writ of habeas corpus may be di rected, shall refuse to obey the same, or shall neglect or refuse to make return, or shall make a false return thereto, in addition to the remedies alrea dy 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 jurisdic tion, 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.

SEC 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.]

[Circular to Collectors, Naval Officers, and Surveyors ]

Treasury Department, Comptroller's Office, Dec. 26th, 1835. SIR-As some diversity of practice may obtain in relation to the manner of deducting the one tenth part of the excess of duties in all those cases in which the duties on goods imported from and after the thirty-first of the current mouth shall exceed twenty per centum on the value thereof, and as to the manner of ascertaining whether the specific rates of duty imposed by the existing laws exceed, or fall short of, twenty per centum on the value thereof, it is deemed proper, in reference to the act of 2d March, 1833, entitled An act to modify the act of 14th July, 1832, and all other acts imposiug duties on imports," to communicate the following views upon these several points:

Supposing the dutiable value of goods, now liable to an ad valorem duty of 25 per cent., to be $500 00, the duty thereon, at that rate, would be $125 00 But the duty thereon at the rate of 20 per centum, would only be

Excess,

100 00

$200

One tenth part of such excess is $2 50, which being deducted from $125 00 leaves the sum of $122 50 as the amount of duty to be paid in the case.

Or Thus: Deduct one tenth part of the excess of 5 per cent., say one half per cent., from 25 per cent, and there remains 244 per cent., which rate on [$500, produces $122 50, as in the preceding example;

In relation to the specific rates, it will be supposed that an importation of four hundred pounds of sugar be made, the duty on which, at the existing rate of 24 cents per pound, would be

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The invoice and correct value of the sugar will be supposed to be $6 00 per one hundred pounds, making the value of the four hundred pounds to be

To which add dutiable charges,

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$24 00
2.00

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One tenth part of the excess is forty-eight cents, which being deducted from $10.00, the amount of duty at the specific rate, leaves $9 52 as the amoun of duty to be paid in the case.

With a view to facilitate the transactions at the custom-houses the form of an entry to be made by an importer of goods is subjoined hereto, and forms of the following returns will be transmitted as early as it will be practicable to prepare them:

Form of the quarter-yearly abstracts, to be rendered by the Collectors, of goods paying ad valorem duties.

2. Similar abstract of goods now liable to specific rates of duty.

3. Form of a bond account.

From the item of forty bales of blue cottons, in the form of the importer's entry, it will be perceived that, in conformity with the decision of Mr. Secretary McLane, in his circular to the officers of the customs, under date of the 20th April last, the calculation is made on the actual or real foreign cost or value, instead of the assumed value, under the minimum principle.

In accordance with the usual practice of this office, I avail myself of the occasion also to communicate the decisions which have been made since the last circular, in relation to the following questions:

The act of the 14th July, 1832, in imposing duties on blankets, not defining the particular sizes, has given rise to some difficulty in their classification;those the cost of which does not exceed seventy-five cents each, being entitled to an entry at an ad valorem duty of 5 per cent., whilst those costing more than seventy-five cents each, are made liable to an ad valorem duty of 25 per cent.

Under these circumstances it has been deemed the more advisable course, instead of prescribing by a Treasury regulation what size an article shall be to constitute it a blanket within the meaning and intention of the law, to leave that point to be determined by mercantile usage and custom, keeping in view that the goods must be of such sizes as will render them suitable for the common and general purposes for which blankets are used.

In relation to bonds given on the exportation of goods for the benefit of [drawback, it is deemed proper to direct that, in future they be not cancelled until after the expiration of the time allowed by the 81st section of the Cgilection law, of 2nd March, 1799, for the production of the prescribed proofs of landing abroad, although such proofs may be produced before the expiration of such time

In relation to the following articles, it has been decided,

1. That bootakins or bootees, having what is called a hosiery top attached to a leather sole, are now liable to $1 50 per pair.

2. That bags made of linen are now liable to an ad valorem duty of 25 per cent, as "manufactures of hemp or flax."

3. That gunny and grass bags are free of duty.

4. That cast iron stays or studs, (so called,) used in making chain cables, are now liable to 3 cents per pound, as parts of iron cables, manufactured in whole or in part.

5. That links, manufactured in whole or in part, suitable for chain cables are also now able to 3 cents per pound.

6. That chain or warp, made of tow, for manufacturing carpets or carpe› ing, is now liable to 25 per cent ad valorem.

7, That floss silk, or tram, is entitled to an entry at an ad valorem duty of 5 per cent.

8. That camlets, composed entirely of goat or camel's hair, are free of duty. 9. That halters, for horses, made of sizal grass, are free of duty

10. That round iron, for axles for cars on rail roads and locomotive engines, are not entitled to the benefit of the act of 14th July, 1832, in relation to iron for rail roads or inclined planes.

11. That all those linens which are specified in the 3rd paragraph of the circular of the 12th of August last, imported after the 31st of the current month, will be entitled to an exemption from duty.

12. That marrow is free of duty.

13 That men's hats, made of silk plush, are now liable to an ad valorem du y of 30 per cent.

14 That anticorrosive lithic paint being a compound of lead and carbonate of lime or stone, is liable to 15 per cent. as a "manufacture of lead, not otherwise specified, or of which lead is a component material.'

15. That shawls of worsted, embroidered with silk thread, having been decided to be now entitled to an entry at an ad valorem duty of 10 per cent., will} be free after the 31st of the current month,

16 That stereotype plates are now liable to an ad valorem duty of 25 p cent. 17. That stretchers, for umbrellas, completely manufactured are now liable to an ad valorem duty of 25 per centum

18. That tips and tops, of bone, for canes and umbrellas, are free of duty. 19. That an article called tinsel stuff, is now liable to an ad valorem duty of 25 per cent

20. That worsted stuff goods, being embroidered with worsted yarn, does not affect their classification.

21. That webbing, composed of cotton and gum elastic, is now liable to 25 per

cent.

22. That an article called "pyrolignite of lead," composed of acetic acid, led, and empyrumatic oil, being, in fact, an impure sugar of lead, is hable to the duty imposed on sugar of lead.

(Circular.)

Treasury Department, Comptroller's Office, Jan. 15, 1834. SIR-In giving the instructions in the circular of the 26th ultimo, in rela tion to the item of 40 hales of blue cotton cloths, I was under the impression that, according to the views expressed by the Secretary of the Treasury, in his circular of 20th April, 1833, the recuetion of duties provided for by the act of 2d March, 1833, was to be ascertained by calculating the duty of 25 per cent. imposed by the act of 14th July, 1832, on the actual or real value of this description of goods, instead of the minimum, or assumed, or artificia' value of 35 cents per square yard, when costing less than that sum

The Secretary of the Treasury has, however, decided, that such was not the intention of the circular of the 20th April, 1833, and has directed that the duty of 25 per cent. imposed by the act of the 14th July, 1832, is to be cal culated on the minimum principle, or assumed value of such goods; and tha he duty of 20 per cent. under the act of 2d March, 1833, is to be estimated on the real or actual foreign cost or value of such goods the difference be tween the two amounts thus produced constituting the excess upon which the one-tenth is to be deducted.

You will, accordingly, be pleased to make the alterations, and additions, in relation to the item of 40 bales of blue cotton cloths in the form of the im-} porter's entry, subjoining to the circular from this office of the 26th ultimo, in the manner specified in the accompanying statement

Respectfully, JOSEPH ANDERSON, Comptroller.

Table of Fees of Officers of the Customs.

Under the act of 31st December, 1792, for Registering and Recording vessels 1. For the admeasurement of every ship or vessel, of an hundred tons and under, I cent per ton. 2. For the admeasurement of every ship or vessel, above 100 and not exceeding 200 tons,

3. For the admeasurement of every ship or vessel above 200 tons, 4 For every certificate of registry or ecord,

5. For every endorsement upon a certificate of registry or record, 6 For taking every bond required by the act,

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$150 2 00 200

1 00

0 25

Note-At those ports at which there is a Collector, Naval Officer, and Surveyor, the said fees shall be equally divided between them; where there is no Naval Officer two thirds to the Collector and one-third to the Surveyor; and where there is only a Collector, he shall receive the whole amount thereof; and where there is more than one Surveyor in any district each of them shall receive his proportionable part of such fees, as shall arise in the port for which he is appointed; provided, that in all cases, where the tonnag of any ship or vessel shall be ascertained by any person appointed for that purpose, such person shall be paid a reasonable compensation therefor, out of the fees aforesaid, before any distribution thereof, as aforesaid. Under the act for enrolling and licensing vessels, passed the 18th Feb. 1793. For admeasuring every ship or vessel For certifying manifests, and in order, to the enroliment, licensing or recording the same, if of the burthen of five tons, and less than twenty tous, If of twenty tous and not exceeding seventy tons, If above seventy tons, and not exceeding one hundred tons, If above one hundred tons, For every certificate of enrol

ment,

or

granting a permit for a licen-
sed vessel to proceed from
district to district-if less than
fifty tons,

$0 50

0 50

0 75

For receiving a certified maxi-
fest, and granting a permit,
on the arrival such vessel, if
less than fifty tons,

0 25

a

For every endorsement on
certificate of enrolment,
For every license, and granting
the same, including the bond,
if not exceeding twenty tons,
If above twenty and not more
than one hundred tons,
If more than one hundred tons
For every endorsement on a
license,

1 00
150 For receiving a certified mani-
fest, and granting a permit,
0 50 on the arrival of such vessel, if
above fifty tons,

0 20 For certifying manifests, and
granting a permit for a re-
gistered vessel to proceed from
district to district,

For receiving a certified mani-
fest and granting a permit, on
the arrival of such registered
vessel,

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0 50

1 50

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I 50

0 25
0 50
1 00
0 20 For granting a permit for a ves-
sel carrying on the fishery, to
trade at a foreign port,
For the report and entry of any
foreign goods imported in such
vessel,

0 25

0 25

0 25

For certifying manifests, and granting a permit for a cens d vessel to proceed from disrict to district-f above fifty tons, Note-Where a Surveyor shall certify a manifest, or grant a permit, or receive a certified manifest, and graut a permit, the fees arising therefrom shall be received by him solely for his use, which regulation applies only to a port of delivery at which there is no other than a Surveyor.

All the other fees arising under the act, are to be equally divided between the Collector, Naval Officer, and Surveyor, where there are such officers; where there is no Naval Officer, two thirds to the Collector, and the other third to the Surveyor; and where there is only a Collector, he shall receive

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