transmission to the Secretary of the Treasury of the United States, who shall thereupon have power to mitigate or remit such fine, penalty or forfeiture, or any part thereof, if in his opinion the same was incurred without wilful negligence or any intention of fraud, and to direct the prosecution, if any shall have been instituted for the recovery thereof, to cease and be discontinued, upon such terms or conditions as he may Not to affect cases deem reasonable and just. Provided, That nothing herein contained shall be construed to affect the right or claim of any person, to that part of any fine, penalty or forfeiture, incurred by breach of either of the laws aforesaid, which such person may be entitled to by virtue of the said laws, in cases where a prosecution has been commenced, or information has been given before the passing of this act; the amount of which right and claim, shall be assessed and valuedby the judge of the district, in a summary manner.

of previous infor ation

Continuance of this act.

SEC. 2. And be it further enacted, That this act shall continue and be in force until the end of the next session of Congress, and no longer.

26th May, 1790, 2d ses. 1st Con.-The above act continued to end of next ses. of Con. by act 3d March, 1791, 3d ses. 1st Con.—Again continued, for the term of two years, by act 30th May, 1796, 1st ses, 4th Con.-Superseded by act of 3d March, 1797.

An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress Secretary of the Treasury author assembled, That whenever any person or persons, ized to mitigate or remit penalties, who shall have incurred any fine, penalty, forfeiture or

disability, or shall have been interested in any vessel, goods, wares or merchandize which shall have been subject to any seizure, forfeiture, or disability, by force of any present or future law of the United States, for the laying, levying or collecting any duties or taxes, or by force of any present or future act, concerning the regis tering and recording of ships or vessels, or any act concerning the enrolling and licensing ships or vessels employed in the coasting trade or fisheries, and for regulating the same, shall prefer his petition to the judge of the district, in which such fine, penalty, forfeiture or disability shall have accrued, truly and particularly setting forth the circumstances of his case; and shall pray, that the same may be mitigated or remitted, the said judge shall enquire, in a summary manner, into the circumstances of the case; first, causing reasonable notice to be given to the person or persons claiming such fine, penalty, or forfeiture, and to the Attorney of the United States, for such district, that each may have an opportunity of shewing cause against the mitigation or remission thereof: and shall cause the facts which shall appear upon such enquiry, to be stated and annexed to the petition, and direct their transmission to the Secretary of the Treasury of the United States, who shall thereupon, have power to mitigate or remit such fine, forfeiture or penalty, or remove such disability, or any part thereof, if, in his opinion, the same shall have been incurred without wilful negligence, or any intention of fraud in the person or persons incurring the same; and to direct the prosecution, if any shall have been instituted for the recovery thereof, to cease and be discontinued, upon such terms or conditions as he may deem reasonable and just.

states to have the

SEC. 2. And be it further enacted, That the judi- Courts of the cial courts of the several states, to whom, by any of same power as the said acts a jurisdiction is given, shall and may

district courts.

uals not to be affected.

exercise all and every power in the cases cognizable before them, for the purpose of obtaining a mitigation, or remission of any fine, penalty or forfeiture, which may be exercised by the judges of the district courts, in cases depending before them.

SEC. 3. Provided always, and be it further enacted, Rights of individ. That nothing herein contained, shall be construed to affect the right or claim of any person, to that part of any fine, penalty, or forfeiture, incurred by the breach of any of the laws aforesaid, which such person shall, or may be entitled to, by virtue of the said laws, in cases where a prosecution has been commenced, or information has been given, before the passing of this act, or any other act relative to the mitigation or remission of such fines, penalties, or forfeitures; the amount of which right and claim shall be assessed and valued by the proper judge, or court, in a summary

Limitation.

manner.

SEC. 4. And be it further enacted, That this act shall continue in force for the term of two years, and from thence to the end of the next session of Congress, and no longer.

3d March, 1797, 2d ses. 4th Con.

An act to repeal part of an act. entituled "an act to provide for mitigating or remitting the forfeitures, penulties and disabilities, accruing in certain cases therein mentioned and to continue in force the residue of the same.

Be it enacted by the Senate and House of Representatives of United States of America, in Congress assembled, Continuance of That the fourth section of an act, intituled “ar act

act of March 3,

1297.

The 4th section of the above act repealed by act of 11th February, 1800, 1st ses. 6th Con.

to provide for mitigating or remitting the forfeitures, penalties and disabilities, accruing in certain cases therein mentioned" passed on the third day of March, one thousand seven hundred and ninety seven, shall be and the same is hereby repealed, and the residue of the said act shall be and the same is hereby continued in full force, without limitation of time.

Approved 11th February 1800, 1st sess. 6th con.

An act directing the Secretary of the Treasury to remit fines, forfeitures and penalties, in certain cases.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in all cases where goods, wares and merchandize, owned by a citizen or citizens of the United States, have been imported into the United States from the United Kingdom of Great Britain and Ireland, which goods, wares and merchandize were shipped on board vessels which departed therefrom between the twenty third day of June last, and the fifteenth day of September last, and the person or persons interested in such goods, wares or merchandize, or concerned in the importation thereof, have thereby incurred any fine, penalty and forfeiture, under an act, entitled "An act to interdict the commercial intercourse between the United States and Great Britain, and France, and their dependencies, and for other purposes," and an act, entitled "An act concerning the commercial intercourse between the United States and Great Britain, and France, and their dependencies, and for other purposes," and the act supplementary to the act last mentioned, on such person or persons petitioning for relief to any judge or court proper to hear the same, in pursuance of the provisions of the act, enți

tled "An act to provide for mitigating or remitting the fines, forfeitures and penalties, in certain cases therein mentioned;" and on the facts being shown, on inquiry had by said judge or court, stated and transmitted, as Secretary of the by said act is required, to the Secretary of the Trea

Treasury authori

zed to remit cer Sury; in all such cases wherein it shall be proved to

tain fines incurred

tion of goods from Great Britain.

Conditions.

upon the importa- his satisfaction that said goods, wares and merchandize, at the time of their shipment, were bona fide owned by a citizen or citizens of the United States, and shipped and did depart from some port or place in the United Kingdom of Great Britain and Ireland, owned as aforesaid, between the twenty third day of June last, and the fifteenth day of September last, the Secretary of the Treasury is hereby directed to remit all fines, penalties and forfeitures, that may have been incurred under the said acts, in consequence of such shipment, importation or importations, upon the costs and charges that have arisen or may arise being paid, and on payment of the duties which would have been payable. by law on such goods, wares and merchandize, if legally imported; and also to direct the prosecution or prosecutions, if any shall have been instituted for the recovery thereof, to cease and be discontinued: Provided nevertheless, That no case in which the purchase of such goods, wares and merchandize was made, after war was known to exist between the United States and Great Britain, at the port or place where such purchase was made, shall be entitled to the benefits of this act.

Provise.

2nd Jan❜y, 1813, 2nd sess. 12th cong.