resides, stating the facts of his case, and thereupon, after due notice given to the district attorney and the collector, the said court may summarily hear and adjudge thereupon, as law and justice may require; and the judgment of said court, and the reason and facts whereon it is grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permission to load as aforesaid, shall be decreed, it shall be upon the party’s giving such bond with sureties as is or shall be required to be taken in similar cases by the collector, and not otherwise; but if the said court shall adjudge against such petition, the collector shall be entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the court.
President may employ the land and naval forces to prevent violations of this and the embargo laws.Sec. 11. And be it further enacted, That it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces or militia of the United States, or of the territories thereof as may be judged necessary, in conformity with the provisions of this and other acts respecting the embargo, for the purpose of preventing the illegal departure of any ship or vessel, or of detaining, taking possession of, and keeping in custody any ship or vessel, or of taking into custody and guarding any specie, or articles of domestic growth, produce or manufacture, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons, residing the custom-house officers in the exercise of their duties, or in any manner opposing the execution of the laws laying an embargo, or otherwise violating, or assisting and abetting violations of the same.
Penalties and forfeitures; how to be remitted or mitigated.
Act of Dec. 22, 1807, ch. 5.Sec. 12. And be it further enacted, That all penalties and forfeitures incurred by force of this act, unless herein otherwise directed, and all penalties and forfeitures incurred by force of the act, intituled “An act laying an embargo on all ships and vessels in the ports and harbors of the United States,” or by virtue of the several acts supplementary thereto, may be prosecuted, sue for, and recovered by action of debt, or by indictment or information, any law, usage or custom to the contrary notwithstanding; and if recovered in consequence of any seizure made by the commander of any public armed vessel of the United States, shall be distributed according to the rules prescribed by the act, intituledDistribution of penalties.
Act of March 2, 1799, ch. 24, sec. 6.
Act of March 2, 1799, ch. 22. “An act for the government of the navy of the United States,” and if otherwise, shall be distributed, and accounted for in the manner prescribed by the act, intituled “An act to regulate the collection of duties on imports and tonnage,” passed the second day of March, one thousand seven hundred and ninety-nine, and may be mitigated or remitted in the manner prescribed by the act, intituledAct of March 3, 1797, ch. 13. “An act to provide for mitigating or remitting forfeitures, penalties, and disabilities accruing in certain cases therein mentioned,” passed the third day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh of February, one thousand eight hundred;Act of Feb. 11, 1800, ch. 6. and any officer or other person entitled to a part or share of any of the fines, penalties or forfeitures aforesaid, may, if necessary, be a witness on the trial therefor, but in such case he shall not receive any part or share of the said fine, penalty or forfeiture, but the part or share to which he would otherwise be entitled shall revert to the United States.
