refuse or neglect to obey the order of such court, for depositing the same as aforesaid, such clerk, or other officer, shall be forthwith proceeded against by attachment for contempt.
Account of moneys to be given to the court, &c.
Proviso; as to there being no bank, &c.Sec. 5. And be it further enacted, That at each regular and states session of said courts, the clerks thereof shall present an account to said court of all moneys remaining therein, or subject to the order thereof, stating particularly on account of what causes said moneys are deposited, which account, and the vouchers thereof, shall be filed in court: Provided, nevertheless, That if in any district there shall be no branch of the bank of the United States, nor any incorporated state bank, the courts may direct such moneys to be deposited, according to their discretion as heretofore.
Approved, March 3, 1817.
Statute II.
Chap. CIX.—An Act to continue in force an act, entitled “An act further to provide for the collection of duties on imports and tonnage,” passed the third day of March, one thousand eight hundred and fifteen, and for other purposes.
Act of 1815, ch. 94, continued in force, except as to §§5, and 6.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act, entitled “An act further to provide for the collection of duties on imports and tonnage,” passed the third day of March, one thousand eight hundred and fifteen, be, and the same is hereby, continued in force, excepting the sixth and eighth section thereof.
Sec. 2. And be it further enacted, That if any suit or prosecution be commenced in any state court against any collector, naval officer, surveyor, inspector,Collectors, naval officers, &c. empowered to remove causes from state to circuit courts, &c. or any other officer, civil or military, or any other person aiding or assisting, agreeably to the provisions of the act hereby continued in force, or under colour thereof, for any thing done or omitted to be done, as an officer of the customs, by virtue of said act, or under colour thereof, and the defendant shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause of trial at the next circuit court of the United States to be holden in the district where the suit is pending, and offer good and sufficient surety for his entering in such circuit court, on the first day of its session, copies of said process against him, and also for his there appearing at the court and entering special bail in the cause, if special bail was originally required therein, it shall then be the duty of the state court to accept the surety and proceed no further in the cause; and the bail that shall have been originally taken shall be discharged. And such copies being entered as aforesaid in such court of the United States, the cause shall then proceed in the same manner as if it had been brought there by original process, whatever may be the amount of the sum in dispute, or damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding; and any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered by the court in which the suit was commenced: Provided nevertheless, That this act shall not be understoodProviso; as to corporal punishment. to apply to any prosecution for an offence involving corporal punishment.
As to the delivery of manifests by steamboats to Canada on lake Champlain.Sec. 3. And be it further enacted, That it shall be lawful hereafter for the master, or person having charge or command of any steamboat, on lake Champlain, when going from the United States into the province of Lower Canada, to deliver a manifest of the cargo on board, and take a clearance from the collector of the district through which any such boat shall last pass, when leaving the United States, without regard to the place from which any such boat shall have commenced her voyage, or where her