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 requires 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 empowered to employ such part of the naval or land forces of the United States to carry this act into effect, as he may judge necessary.Sec. 12. And be it further enacted, That it shall be lawful for the President of the United States, or such other person sas 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 act, 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 of vessel, or of taking into custody and guarding any specie, goods, wares, merchandise, produce, provisions, naval or military stores, or live stock, and also for the purpose of preventing and suppressing any armed or riotous assemblage or persons resisting the custom house officers in the exercise of their duties, or in any manner opposing the execution of this act, or otherwise violating or assisting and abetting violations of the same.
The vessels of the United States may seize on vessels violating act.Sec. 13. And be it further enacted, That it shall be lawful for the public and private vessels of the United States to capture and seize on the high seas or elsewhere any ship or vessel which shall have violated any of the provisions of this act, and to send the same into any port of the United States for adjudication.
Penalties and forfeitures how to be prosecuted and distributed.
Act of April 23, 1800, ch. 33.
Act of June 26, 1812, ch. 107.
Act of March 2, 1799, ch. 22.
Sec. 14. And be it further enacted, That all penalties and forfeitures incurred by force of this act, may be prosecuted, sued for and recovered by action of debt or by indictment or information, as the case may require, 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, entitled “An act for the government of the navy of the United States,” and if in consequence of any seizure made by any private armed vessel of the United States, shall be distributed according to the rules prescribed by the act, entitled “An act concerning letters of marque, prizes, and prize goods,” and the act in addition thereto; and if otherwise, shall be distributed and accounted for, in the manner prescribed by the act, entitled “An act to regulate the collection of duties on imports and tonnage,” passed the second day of March, one thousand seven hundred ninety-nine, and may be mitigated or remitted in the manner prescribed by the act, entitledAct of March 3, 1797, ch. 13.
Act of Feb. 11, 1800, ch. 6. “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 ninety-seven, and made perpetual by an act passed the eleventh day of February, one thousand eight hundred; and any officer or other person, entitled to a part or share of any of the fined, 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 of share to which he would otherwise be entitled shall belong to the United States.
The time during which this act is to be in operation not to be computed with respect to drawbacks.Sec. 15. And be it further enacted, That the time during which this act shall continue in force, shall not be computed as making part of the term of twelve calendar months, during which goods, wares, or merchandise imported into the United States must be exported in order to be entitled to a drawback of the duties paid on the importation thereof.
