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18 July 1866.
Power to enter upon lands, &c.
Ibid. 7. Collectors to report to district attorneys.
Suits to be commenced.
Penalty for failure to report.
May call for assistance.
thereof, such possession shall be deemed evidence sufficient to authorize conviction, unless the defendant shall explain the possession to the satisfaction of the jury.(a)
169. In any case where a vessel, or the owner, master or manager of a vessel, shall Vessels to be liabe subject to a penalty for a violation of the revenue laws of the United States, such ble for payment vessel shall be holden for the payment of such penalty, and may be seized and pro
ceeded against summarily, by libel, to recover such penalty, in any district court of the United States having jurisdiction of the offence.
170. Every officer or other person authorized to make searches and seizures by this Seizing officers to act shall, at the time of executing any of the powers conferred upon him by this act, show their autho- make known, upon being questioned, his character as an officer or agent of the customs
or government, and shall have authority to demand of any person within the distance of three miles to assist him in making any arrest, search or seizure authorized by this act, where such assistance may be necessary; and if such person shall without reasonable excuse neglect or refuse so to assist, upon proper demand, he shall be deemed guilty of a misdemeanor, and shall forfeit a sum not exceeding two hundred dollars, nor less than five dollars.
167. Any person authorized by this act to make searches and seizures, or any person assisting him or acting under his directions, may, if deemed necessary by him or them, enter into or upon or pass through the lands, enclosures and buildings, other than the dwelling-house of any person whomsoever, in the night or in the daytime, in order to the more effectual discharge of his or their official duties.
168. It shall be the duty of the several collectors of customs to report, within ten days, to the district attorney of the district in which any fine or personal penalty may be incurred for the violation of any law of the United States relating to the revenue, in all cases in which such fine or penalty shall not be voluntarily paid, a statement of all the facts and circumstances of the case within their knowledge, together with the names of the witnesses, and which may come to their knowledge from time to time, stating the provisions of the law believed to be violated, and on which a reliance may be had for a condemnation or conviction. And such district attorney shall cause suit and prosecution to be commenced and prosecuted without delay for the fines and personal penalties by law in such case provided, unless upon inquiry and examination he shall decide that a conviction cannot probably be obtained, or that the ends of public justice do not require that a suit or prosecution should be instituted, in which case he shall report the facts to the secretary of the treasury for his direction; and for expenses incurred and services rendered in prosecutions for such fines and personal penalties, the district attorney shall receive such allowance as the secretary of the treasury shall deem just and reasonable, upon the certificate of the judge before whom such prosecution was had. And if any collector shall in any case fail to report to the proper district attorney, as prescribed in this section, such collector's share of any fine or penalty imposed or incurred in such case shall be forfeited to the United States, and the same shall be awarded to such persons as may make complaint and prosecute the same to conviction.
Ibid. 11. List of goods seized to be prepared, and appraisement made.
171. In all cases of seizure of property subject to forfeiture for any of the causes named in this act, or any other act relating to the customs, or the registering, enrolling or licensing of vessels, now in force, when, in the opinion of the collector or other principal officer of the revenue making such seizure, the value of the property so seized shall not exceed five hundred dollars, he shall cause a list and particular description of the property so seized to be prepared in duplicate, and an appraisement of the same to be made by two sworn appraisers under the revenue laws, if there are such appraisers at or near the place of seizure; but if there are no such appraisers, then by two competent and disinterested citizens of the United States, to be selected by him for that purpose, residing at or near the place of seizure; which list and appraisement shall be properly attested by such collector or other officer and the persons making the appraisal; and for such services of the appraisers they shall be allowed out of the revenue one dollar and
Notice by publi- fifty cents each for every day necessarily employed in such service. If the amount of
such appraisal shall not exceed the sum of five hundred dollars, said collector or other principal officer shall publish a notice once a week for three successive weeks in some newspaper of the county or place where such seizure shall have been made, if any newspaper shall be published in said county; but if no newspaper shall be published in said county, then such notice shall be published in some newspaper of the county in which the principal customs office of the district shall be situated; and if no newspaper shall be published in such county, then notices shall be posted in proper public places ; which notices shall describe the articles seized, and state the time, cause and place of seizure, and shall require any person claiming such articles to appear and file with such (a) This does not repeal the 50th section of the act of 1799. United States v. The Cuba, 2 Am. L. T. Rep. 121.
collector or other officer his claim to such articles within twenty days from the date of 18 July 1966. the first publication of such notice.
172. Any person claiming the property so seized may, at any time within twenty days from the date of such publication, file with the collector or other officer a claim, Claimants may stating his or her interest in the articles seized, and, upon depositing with such collector give bond. or other officer a bond to the United States in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by such collector or other officer, conditioned that, in case of the condemnation of the articles so claimed, the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation; such collector or other officer shall transmit the same, with the duplicate list and description of the articles seized and claimed, to the United States district attorney for the district, who shall proceed for a condemnation of the property in the ordinary mode prescribed by law. But if no such claim shall he filed nor bond given within the twenty days above Sale, in default specified, such collector or other officer shall give not less than fifteen days' notice of the sale of the property so seized, by publication in the manner before mentioned, and at the time and place specified in such notice, he shall sell at public auction the property so seized, and shall deposit the proceeds, after deducting the actual expenses of such seizure, publication and sale, to the credit of the treasurer of the United States, as shall be directed by the secretary of the treasury: Provided, That the collector shall have power to adjourn such sale, from time to time, for a period not exceeding thirty days in all.
173. Any person claiming to be interested in the property sold under the provisions of the preceding section may, within three months after such sale, apply to the secre- Applications for tary of the treasury for a remission of the forfeiture and a restoration of the proceeds remission of forof such sale, and the same may be granted by said secretary, upon satisfactory proof, to be furnished in such manner as he shall direct, that the applicant, at the time of the seizure and sale of the property in question, did not know of the seizure, and was in such circumstances as prevented him from knowing of the same, and that said forfeiture was incurred without wilful negligence or any intention of fraud on the part of the owner of such property.
174. If no application for such remission or restoration shall be made within three months after such sale, the secretary of the treasury shall then cause the proceeds of Distribution of such sale to be distributed in the same manner as if such property had been condemned proceeds. and sold in pursuance of a decree of a competent court.
175. Whenever seizure shall be made of any property which, in the opinion of the Ibid. 15. appraisers, shall be liable to perish or waste, or to be greatly reduced in value by keep- Sales of perish ing, or cannot be kept without great disproportionate expense, whether such seizure able property. consist of live animals, or goods, wares or merchandise, and when the property thus seized shall not exceed five hundred dollars in value, and when no claim shall have been interposed therefor as is hereinbefore provided, the said appraisers, if requested by the collector or principal officer making the seizure at the time when such appraisal is made, shall certify on oath in their appraisal their belief that the property seized is liable to speedy deterioration, or that the expenses of its keeping will largely reduce the net proceeds of the sale; and in case the appraisers thus certify, such collector or other officer may proceed to advertise and sell the same at auction, by giving notice for such time as he may think reasonable, but not less than one week, of such seizure and intended sale, by advertisement as is herein before provided; and the proceeds of such sale shall be deposited to the credit of the treasurer of the United States, subject, nevertheless, to the payment of such claims as shall be presented within three months from the day of sale, and allowed by the secretary of the treasury.
176. The secretary of the treasury shall have authority to ascertain the facts upon all applications for remission of fines, penalties and forfeitures incurred or accruing Power to remit under the revenue laws, where the amount in question does not exceed one thousand fines and forfeidollars, in such manner and under such regulations as he may deem proper; and he may thereupon remit or mitigate such fines, penalties or forfeitures, if in his opinion the same shall have been incurred without wilful negligence or any intention of fraud.
177. Nothing in this act contained shall be taken to abridge or limit any forfeiture, penalty, fine, liability or remedy provided for or existing under any law now in force, except as herein otherwise specially provided.
178. All goods, wares, merchandise or property of any kind seized under the provisions of this act or any other law of the United States relating to the customs shall, Custody of prounless otherwise provided for by law, be placed and remain in the custody of the col- perty seized, lector or other principal officer of the customs of the district in which the seizure shall be made, to abide adjudication by the proper tribunal, or other disposition according to
Ibid. 2 18.
18 July 1866. law; and the proceedings in regard to fines, penalties and forfeitures by virtue of this
act, and not herein prescribed, shall be the same as are now provided by law in like cases; and all such fines, penalties and forfeitures shall, after deducting all proper costs and charges, be disposed of and applied as provided for in the 91st section of the act entitled "An act to regulate the collection of duties on imports and tonnage," approved March 2, 1799.
179. The provisions of the act of congress approved July 18, 1866, entitled "An act to prevent smuggling and for other purposes," shall be so construed as not to affect any right of suit or prosecution which may have accrued under any prior acts of congress repealed or supplied by said act, previous to July 18, 1866; and all such suits or prosecutions as have been or shall be commenced under such prior acts, for acts committed previous to July 18, 1866, shall be tried and disposed of, and judgment or decree executed as if said act of July 18, 1866, had not been passed, anything therein contained to the contrary notwithstanding.
2 March 1867 1.
14 Stat. 546. Distribution of
180. From the proceeds of fines, penalties and forfeitures incurred under the provisions of the laws relating to the customs, there shall be deducted such charges and proceeds of fines, expenses as are by law in each case authorized to be deducted; and in addition, in case penalties and for- of the forfeiture of imported merchandise of a greater value than five hundred dollars on which duties have not been paid, or in case of a release thereof, upon payment of its appraised value, or of any fine or composition in money, there shall also be deducted an amount equivalent to the duties in coin upon such merchandise (including the additional duties, if any), which shall be credited in the accounts of the collector as duties received, and the residue of the proceeds aforesaid shall be paid into the treasury of the United States, and distributed, under the direction of the secretary of the treasury,(a) in the manner following, to wit; one-half to the United States; one-fourth to the person giving the information which has led to the seizure, or to the recovery of the fine or penalty, and if there be no informer other than the collector, naval officer or surveyor, then to the officer making the seizure; and the remaining one-fourth to be equally divided between the collector, naval officer and surveyor, or such of them as are appointed for the district in which the seizure has been made, or the fine or penalty incurred, or, if there be only a collector, then to such collector. But where any fine, penalty or forfeiture, incurred by virtue of the laws relating to customs, shall be recovered in consequence of any information given by an officer of a revenue cutter, the proceeds thereof shall, after the legal deductions, including the deductions herein authorized, have been made, be disposed of as follows: one-fourth to the United States, one-fourth to the officers of the customs, as hereinbefore provided; and the remainder to the officers of such revenue cutter, to be divided among them in proportion to their pay.
18 Feb. 1867 1. 14 Stat. 394.
Pending suits and rights not to be affected.
Ibid. 2. 181. Whenever it shall be made to appear to the satisfaction of the judge of the Seizure of books district court for any district in the United States, by complaint and affidavit, that any fraud on the revenue has been committed by any person or persons interested, or in any way engaged, in the importation or entry of merchandise at any port within such district, said judge shall forthwith issue his warrant directed to the marshal of the district, (b) requiring said marshal, by himself or deputy, to enter any place or premises where any invoices, books or papers are deposited relating to the merchandise in respect to which such fraud is alleged to have been committed, and to take possession of such books or papers and produce them before the said judge; and any invoices, books or papers so seized shall be subject to the order of said judge, who shall allow the examination of the same by the collector of customs of the port into which the alleged fraudulent importation shall have been made, or by any officer duly authorized by said collector. And such invoices, books or papers may be retained by said judge as long as in his opinion the retention thereof may be necessary; but no warrant for such seizure shall be issued, unless the complainant shall set forth the character of the fraud alleged, the nature of the same, and the importations in respect to which it was committed, and the papers to be seized. And the warrant issued on such complaint, with report of service and proceedings thereon, shall be returned as other warrants to the court of the district within which such judge presides.
(a) The determination of disputes as to shares in a fund arising from such forfeiture, belongs to the district court, which will direct how it shall be distributed, under the secretary as a minis terial officer. United States v. George, 7 Int. R. Rec. 51.
(b) By the 39th section of the act 18 July 1866 (14 Stat. 187),
to facilitate the execution of the provisions of the act of 1863, by which this power was originally given, the district judge was empowered to direct his warrant to the collector of customs; but this appears to be repealed by the act in the text.
I. INDIAN AGENTS.
1. Terms of the circuit and district courts.
I. CIRCUIT AND DISTRICT COURTS.
12 Stat. 657.
1. Instead of the times now fixed by law, the circuit and district courts of the United 20 Feb. 1863 1. States for the district of Indiana shall be held on the first Tuesdays of May and November. And all recognisances, indictments or other proceedings, civil and criminal, now Terms of the cir pending in either of said courts, shall be entered and have day in court, and be heard courts. and tried, according to the times of holding such courts as herein provided.
cuit and district
15. Tract to be surveyed in Arizona.
16. Tracts to be reserved for the Pimas and Maricopas.
22. Survey of Indian reservations.
23. Indian reservations in Utah to be sold. Mode of sale. Application of proceeds. Price.
24. Indians to be settled in the Uinta valley.
7. Secretary to appoint special agents, &c.
8. Salaries of agents in Nevada and Utah.
9. Superintendent in California. Salary. Bond. Clerk.
10. Indian agents in California. Residence. Bonds. Term of mitted to congress. office. Salaries.
11. Physicians, blacksmiths, farmers and carpenters.
12. Indian agents to reside at their agencies.
13. Repeal of inconsistent acts.
14. Appointment of certain sub-agents.
II. INDIAN LANDS.
17. Civilized Indians to be protected in their lands.
18. Trespasses by non-civilized Indians, how compensated.
19. Penalty in case of trespass by a chief.
20. Indian reservations in California. Purchase of improvements. To include former reservations,
21. Reservations not returned to be sold. Appraisement. Price. Sale.
III. TRADE AND INTERCOURSE WITH THE INDIANS.
25. Unauthorized persons may be removed from Indian reservations.
26. Execution of process in the Indian country.
27. Commissioner to prepare a code of regulations. To be sub
28. Trespasses by Indians on whites not to be compensated out of the treasury.
29. Sale of liquors to Indians punished. Powers of superin tendent and agents. Proceedings in case of seizure. Indians may be witnesses.
30. Driving of cattle from Indian territory punished.
31. Agents to sell cattle for benefit of Indians.
32. Certain persons may be permitted to trade with the Indians on giving bond.
IV. MISCELLANEOUS PROVISIONS.
33. Purchase of goods.
34. Settlements, how made, with incompetent or orphan Indians.
35. Application of treaty funds.
I. INDIAN AGENTS.
11 Stat. 363.
1. The superintendent and agents within the superintendency of Texas shall be here- 11 June 1858 ? 3. after appointed in the same manner as other superintendents and agents, appointed and confirmed.
12 Stat. 113.
2. That there be appointed by the president of the United States, by and with the 25 June 1860 ₫ 1. advice and consent of the senate, three additional agents for the Indian service, at an annual salary of fifteen hundred dollars each; one for the Indians in the territory of Additional New Mexico, one for the "Ponca" tribe, and one for the "Pawnees," in the territory of Nebraska.
12 Stat. 130.
3. That the president be and he is hereby authorized to make a separate superin- 8 Feb. 1861 ? 1. tendency of Washington territory, and to appoint, by and with the advice and consent of the senate, or during the recess thereof, and until the end of its next session after such appointment, a superintendent of Indian affairs for said territory, with an annual salary of twenty-five hundred dollars.
4. That the president be and he is hereby authorized to appoint, by and with the Ibid. 2. advice and consent of the senate, or during the recess thereof, and until the end of its Additional next session after such appointment, three additional Indian agents for said territory, agents. with an annual salary of fifteen hundred dollars each: Provided, That no agent or subagent, either special or temporary, or otherwise, shall be appointed, employed or continued in employment in Washington territory, except only the three agents and two sub-agents provided for by existing law, and the additional agents provided by this act.
5. The president, in adjusting the limits of the respective superintendencies of Oregon and Washington, may attach any tribe situated partly in both or either super- Tribes partly in intendency, in such manner as in his judgment may best promote the public service.
two superintend encies.
6. That the president be and is hereby authorized to appoint, by and with the advice and consent of the senate, or during the recess thereof, and until the end of its next session after such appointment, an agent for the Grand River and Wintah bands of Indian agent in Indians, in the territory of Colorado, at a salary of fifteen hundred dollars per annum.
Superintendent in Washington territory.
1 July 18621. 12 Stat. 498.
7. All special agents and commissioners not appointed by the president shall be 3 March 1863 1. appointed by the secretary of the interior.
12 Stat. 792,
8 March 1863 27.
8 April 1864 1. 13 Stat. 39.
9. The state of California shall, for Indian purposes, constitute one superintendency, for which there shall be appointed by the president of the United States, by and with the advice and consent of the senate, a superintendent of Indian affairs for said superintendency, at a salary of three thousand six hundred dollars per annum, who shall reside at a point within said state, to be selected by the secretary of the interior, and who, upon executing a bond upon such terms and such sum as may be prescribed by the secretary of the interior, and taking the usual oath of office, shall have under his control and management, in like manner and subject to like rules and regulations as are prescribed for superintendents of other superintendencies, the Indians and Indian reservations that are or may hereafter be established in said state: Provided, That the superintendent shall be authorized to appoint a clerk, at a compensation not to exceed eighteen hundred dollars per annum.
10. That the president of the United States be and he is hereby authorized, by and Indian agents in with the advice and consent of the senate, to appoint an Indian agent for each of the reservations which shall be established under the provisions of this act, (a) which said agent shall reside upon the reservation for which he shall be appointed, and shall discharge all the duties now or hereafter to be required of Indian agents by law, or by rules and regulations adopted, or to be adopted, for the regulation of the Indian service, so far as the same may be applicable. Each of the agents appointed as aforesaid shall, before entering upon the duties of his office, give bond in such penalties and with such conditions and such security as the president or secretary of the interior may require, and shall hold his office for the term of four years, unless sooner removed by the president, and shall receive an annual salary at the rate of eighteen hundred dollars.
Superintendent in California.
Term of office.
Ibid. § 5.
Physicians, blacksmiths, farmers and carpenters.
Ibid. 27. Indian agents to reside at their agencies.
Ibid. 8. Repealing of inconsistent acts.
2 March 1867 24. 14 Stat. 515.
28 Feb. 1859 3 2. 11 Stat. 400. Tract to be surveyed in Arizona.
8. The salaries of the Indian agents in Nevada and Utah shall hereafter be at the rate of fifteen hundred dollars per annum.
14. Whenever a vacancy shall occur in the office of any sub-Indian agent whose salary or compensation exceeds one thousand dollars per annum, the same shall only Appointment of be filled by some person to be appointed by the president, by and with the advice and
consent of the senate; except, if such vacancy shall occur in the recess of the senate, the same may be temporarily filled by some person to be commissioned by the president, and who shall hold his office until the end of the next session.
II. INDIAN LANDS.
15. That the president of the United States be and he hereby is authorized and required, to cause to be surveyed, and the boundaries thereof permanently marked, the tract or tracts of land lying on or near the Gila river, in the territory of Arizona, New Mexico, now occupied by the confederated bands of Pima and Maricopa Indians.
16. That the president of the United States be and he hereby is authorized and required, to set apart the tract or tracts of land aforesaid as a reservation for the confederated bands of Pimas and Maricopas: Provided, That the said reservation shall not exceed one hundred square miles in extent.
11. There may be appointed, in the manner prescribed by law, for each of said reservations, if in the opinion of the secretary of the interior the welfare of said Indians shall require it, one physician, one blacksmith, one assistant blacksmith, one farmer and one carpenter, who shall each receive compensation at rates to be determined by the secretary of the interior, not exceeding fifty dollars per month.
12. All Indian agents shall reside at their respective agencies, and shall in no case be permitted to visit the city of Washington, except when ordered to do so by the commissioner of Indian affairs. And it is hereby made the duty of the said commissioner to report all cases of the violation of this section to the president, with the request that the agents disregarding the provisions herein contained be at once removed from office.
14 June 1862 & 1. 12 Stat. 427.
13. That all acts or parts of acts in conflict with the provisions of this act, be and the same are hereby repealed; and all offices and employments connected with Indian affairs in California, not provided for in this act, be and the same are hereby abolished.
17. Whenever any Indian, being a member of any band or tribe with whom the government has or shall have entered into treaty stipulations, being desirous to adopt Civilized Indians the habits of civilized life, shall have had a portion of the lands belonging to his tribe to be protected in their lands.
allotted to him in severalty, in pursuance of such treaty stipulations, it shall be the duty of the agent and superintendent of such tribe to provide that such Indian shall be protected in the peaceful and quiet occupation and enjoyment of the lands so allotted to him.
(a) See infra 20.