Heads of ex ecutive depart ments and judges to be notified, and they are to publish only in such newspapers. Pay therefor. not exceeding one dollar per square of eight lines of space, for the publication of advertisements, the accounts for which shall be adjusted by the proper accounting officers and paid in the manner now authorized by law in the like cases; and said clerk shall, as soon as practicable after the passage of this act, notify each head of the several executive departments, and each judge of the United States courts therein, of the papers selected by him in accordance with the foregoing provisions; and thereupon and thereafter it shall be the duty of the several executive officers charged therewith to furnish to such selected papers only an authentic copy of the publications to be made as aforesaid; and no money hereby or otherwise appropriated shall be paid for any publications or advertisements hereafter to be made in said districts, nor shall any such publication or advertisement be ordered by any department or public officer otherwise than as herein provided: Provided, That the rates fixed in this section to be paid for the publication of the treaties and laws of the United States in the States therein designated shall also be paid for the same publications in all the States not designated in this section. Rates of pay in all the States for publishing the laws. Secretary of Treasury may the old customhouse at Alexandria, New Haven, Norfolk, Portsmouth, Perth Amboy and Sackett's Harbor; sell at auction Secretary of Interior to report upon SEC. 8. That the Secretary of the Treasury is hereby authorized to sell, at public auction, the following property belonging to the United States, namely: the buildings and grounds known as the old custom-house, at Alexandria, Virginia; the building and grounds known as the old custom-house, at New Haven, Connecticut; the building and grounds known as the old custom-house, at Portsmouth, New Hampshire; the parcel of ground, known as the old custom-house lot, at Norfolk, Virginia; the parcel or lot of ground purchased, in the city of Perth Amboy, New Jersey, for the erection of a custom-house; and the custom-house and grounds at Sackett's Harbor, New York; and he is hereby authorized to make, execute, and deliver all needful conveyances to the purchaser or purchasers thereof. SEC. 9. That the Secretary of the Interior be directed to procure an examination to be made of the condition of the public buildings in the the public build- Territory of New Mexico, and report to the next Congress an estimate of ings in New what amount is necessary to complete the same. Mexico. All advertise &c. to be printed only in two newspapers in the District of ments, notices, Columbia, and in each equally. SEC. 10. That all advertisements, notices and proposals for contracts for all the executive departments of the government, and the laws passed by Congress and executive proclamations and treaties shall hereafter be advertised by publication in the two daily papers published in the District of Columbia, now selected under the act of the first session of the thirty-ninth Congress making appropriations for the service of the Post-Office Department, during the fiscal year ending the thirtieth of June, eighteen hundred and sixty-seven, and for other purposes, until otherwise ordered by Congress, and in no other District of Columbia papers: Rates of pay. Provided, That the charges for such publication shall not be higher than such as are paid by individuals for advertising in said papers: And provided also, That the same publications shall be made in each of said Printing to be papers equally as to frequency: Provided further, That all printing of done by govern- any kind ordered by the executive departments shall be executed by the ment printer, except, &c. government printer when practicable, and if not, at such office as may be designated by the clerk of the House of Representatives at rates not exceeding the current rates for such printing. Repeal of inconsistent laws. SEC. 11. That all laws and parts of laws conflicting with the above provisions with respect to the official advertising in the District of Columbia be and are hereby repealed. Stat. at Large, CHAP. CLXVIII. - An Act making Appropriations and to supply Deficiencies in the Appropriations for the Service of the Government for the fiscal Year ending June thir- Vol. XIV. p. 468. tieth, eighteen hundred and sixty-seven, and for other Purposes. Ten cents per cask to be col SEC. 3. That upon all merchandise gaugeable by law hereafter exported upon which drawback or return duty is allowed, and upon all lected on all goods gaugeable by law withdrawn from bonded warehouses for export, gaugeable goods there shall be levied and collected by the collectors of the several ports exported, &c. ten cents per cask. gaugers In New York. SEC. 4. That the gaugers at the port of New York shall receive, from Salary of and after the first day of April, eighteen hundred and sixty-seven, an annual salary of two thousand dollars: Provided, That the amount of compensation of said officers as hereby established shall not exceed in any fiscal year the amount of fees earned by them. Not to exceed fees. Salary of dep SEC. 7. That the deputy surveyor at the port of San Francisco be paid the same compensation annually that is now paid to the deputy col-uty surveyor at lector at said port. CHAP. CLXIX. No. 550.- MARCH 2, 1867. An Act to amend existing Laws relating to Internal Revenue, and for San Francisco. Stat. at Large, Vol. XIV. p. 471. Penalty for falsely assuming to be a revenue SEC. 28. That if any person shall falsely represent himself to be a revenue officer of the United States, and shall in such assumed character demand or receive any money or other article of value from any person officer, and actfor any duty or tax due to the United States, or for any violation or pre- ing as such. tended violation of any revenue law of the United States, such person shall be deemed guilty of a felony, and on conviction thereof shall be liable to a fine of five hundred dollars, and to imprisonment not less than six months and not exceeding two years, at the discretion of the court. SEC. 29. That no person shall mix for sale naphtha and illuminating oils, or shall knowingly sell or keep for sale or offer for sale such mixture, or shall sell or offer for sale oil made from petroleum for illuminating purposes, inflam[m]able at less temperature or fire test than one hundred and ten degrees Fa[h]renheit, and any person so doing shall be held to be guilty of [a] misdemeanor, and on conviction thereof by indictment or presentment in any court of the United [States] having competent jurisdiction, shall be punished by a fine of not less than one hundred dol- Penalty. lars nor more than five hundred dollars, and by imprisonment for a term of not less than six months nor more than three years. any Fine and imprisonment. The mixing, for sale, of naphtha and illuminating oils, or selling, &c. pro hibited. Penalty for conspiring to ed States, or to SEC. 30. That if two or more persons conspire either to commit offence against the laws of the United States, or to defraud the United commit any of States in any manner whatever, and one or more of said parties to said fence against the conspiracy shall do any act to effect the object thereof, the parties to said laws of the Unitconspiracy shall be deemed guilty of a misdemeanor, and on conviction defraud the Unitthereof shall be liable to a penalty of not less than one thousand dollars ed States, if any party to the and not more than ten thousand dollars, and to impriso[n]ment not exconspiracy does ceeding two years. And when any offence shall be begun in one judicial any act in purdistrict of the United States and completed in another, every such offence suance and in shall be deemed to have been committed in either of the said districts, Offence to be and may be dealt with, inquired of, tried, determined and punished in deemed to be either of the said districts, in the same manner as if it had been actually where. and wholly committed therein. SEC. 31. That all inspectors appointed under the provisions of the act or acts of which this is amendatory shall be required to give bonds, with security, approved by the Secretary of the Treasury or assessor of the district, in a sum not less than five thousand dollars, conditioned for the faithful discharge of the duties of such inspector. aid thereof. committed Inspectors to give bonds. Penalty for selling or giving away, &c. empty cigar boxes that have been stamped, without defacing stamp. Such cigar box may be destroyed. Tonnage duty, how often to be levied and col lected. Tax on advertisements and gross receipts of toll-roads repealed. Inconsistent acts repealed. Saving clause. SEC. 32. That any person who shall sell, give away, or otherwise dispose of, any empty cigar box or boxes which have been stamped, without first defacing or destroying such stamps, or shall refill any cigar box without first defacing or destroying such stamp, shall on conviction of either offence be liable to a penalty of one hundred dollars or to imprisonment not exceeding sixty days, or both, in the discretion of the court, with the costs of the trial, and it shall be lawful for any cigar inspector or revenue officer to destroy any empty cigar box upon which a cigar stamp shall be found. SEC. 33. That the tonnage duty now imposed on all ships, vessels, or steamers engaged in foreign or domestic commerce, shall be levied but once within one year, and when paid by such ship, vessel, or steamer, no further tonnage tax shall be collected within one year from the date of such payment. SEC. 34. That all acts or parts of acts inconsistent with this act, and all acts and parts of acts imposing any tax upon advertisements, or the gross receipts of toll-roads, are hereby repealed: Provided, That this act shall not be construed to affect any act done, right accrued, or penalty incurred, under former acts, but every such right is hereby saved; and all suits and prosecutions for acts already done in violation of any former act or acts of Congress relating to the subjects embraced in this act may be commenced or proceeded with in like manner as if this act had not been passed; and all penal clauses and provisions in existing laws relating to the subjects embraced in this act shall be deemed applicable thereto. Stat. at Large, CHAP. CLXXVIII. —An Act allowing the Duties on Foreign Merchandise imported into Vol. XIV. p. 542. the Port of Albany to be secured and paid at that Place. Albany made Be it enacted, &c. That Albany, in the State of New York, and within port of delivery; the collection district of New York, be, and is hereby, declared to be a with surveyor to act under act of port of delivery within the aforesaid district; and there shall be appointed 1831, ch. 87. a surveyor of customs, to reside at said port, who shall, in addition to the customary duties performed by that officer in other places, perform the duties prescribed in an act entitled "An act allowing the foreign merchandise imported into Pittsburg, Wheeling, Cincinnati, Louisville, Saint Louis, Nashville, and Natchez, to be secured and paid at those places," approved March two, eighteen hundred and thirty-one. The said surveyor, before taking the oath of office, shall give security to the United States for the faithful performance of his duties in the sum of ten thousand dollars, and shall receive, in addition to the customary fees and emoluments of his office, an annual salary of six hundred dollars. Surveyor to give bond in $10,000. Privileges of act of 1881, ch. 87, extended to Albany. Secretary of Treasury may extend privileges of warehouse acts to Albany. SEC. 2. That the same privileges granted to the ports of delivery mentioned in the first section of this act, and the restrictions created by the said act, are hereby extended and made applicable to all goods, wares, and merchandise imported into the United States at any port of entry and destined to said port of Albany. SEC. 3. That the Secretary of the Treasury shall be, and he is hereby, authorized to extend the privileges of the warehouse acts of August six, eighteen hundred and forty-six, and March twenty-eight, eighteen hundred and fifty-four, and the regulations of the Treasury Department relating thereto, to the said port of Albany. No. 552.- MARCH 2, 1867. CHAP. CLXXX. - An Act supplementary to the several Acts of Congress abolishing Stat. at Large, Vol. XIV. p. 543. Persons arrested or imprisoned on execution, &c. laws. Be it enacted, &c. That whenever, upon mesne process or execution issuing out of any of the courts of the United States, any defendant therein is arrested or imprisoned, he shall be entitled to discharge from to be discharged such arrest or imprisonment in the same manner as if he was so arrested as under State or imprisoned on like process of the State courts in the same district. And the same oath may be taken, and the same length of notice thereof shall be required, as is provided by such State laws; and all modifications, conditions, and restrictions upon imprisonment for debt, now existing by the laws of any State, shall be applicable to process issuing out of the courts of the United States therein, and the same course of proceedings shall be adopted as now are or may be in the courts of such States. But all such proceedings shall be had before some one of the commissioners appointed by the United States circuit court to take bail and affidavits. Stat. at Large, Vol. XIV. p. 545. Appeals and writs of error to supreme court, Be it enacted, &c. That where any appeal or writ of error has been brought to the supreme court from any final judgment or decree of an inferior court of the United States for any judicial district in which, sub- on judgments, sequently to the rendition of such judgment or decree, the regular sessions &c. of inferior courts, afterof such court have been suspended or interrupted by insurrection or re- wards suspended bellion, such appeal or writ of error shall be valid and effectual, notwith- and interrupted standing the time limited by law for bringing the same may have previously insurrection to by rebellion or expired; and in cases where no appeal or writ of error has been brought be valid, &c. from any such judgment or decree, such appeal or writ of error may be brought within one year from the passage of this act. The provisions of this act shall not apply to any case in which the right to bring an appeal or writ of error had expired before such suspension or interruption of the regular sessions of the court. Exceptions. Appeals from final judgment, &c. of district SEC. 2. That where an appeal has been or may be taken from any final judgment, decree, or order of the district court of the United States for any district to a circuit court, the cause appealed by consent of parties court to circuit may be heard and disposed of by the circuit court held by the district court, may be judge at any time after the appeal, in case of the absence at such term of court held by the chief justice of the United States or the associate justice allotted to district judge those circuit courts for such district. heard in circuit alone. CHAP. CLXXXVIII.— An Act to regulate the Disposition of the Proceeds of Fines, Penalties, and Forfeitures incurred under the Laws relating to the Customs, and for other Purposes. Stat. at Large, Vol. XIV. p. 546. From proceeds of fines, &c. un Be it enacted, &c. That from the proceeds of fines, penalties, and forfeitures incurred under the provisions of the laws relating to the customs, der customs there shall be deducted such charges and expenses as are by law in each laws, deductions case authorized to be deducted; and in addition, in case of the forfeiture to be made of charges, &c.; 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 also of an amount equal to coin. the duties in Residue, how distributed; one half to United States; one fourth to informer; one fourth to officers. Where officer of revenue cut ter is informer, how residue divided. Judge of district court may seize invoices, books, &c. and produce them in court, if, &c. issue warrant to 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, 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. SEC. 2. That whenever it shall be made to appear to the satisfaction of the judge of the 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, 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 No warrant to thereof may be necessary; but no warrant for such seizure shall be isissue, unless, &c. sued, 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. Such invoices, &c. subject to order of judge, and may be retained. Return. Liens for freight on imports. Repeal of 1863, ch. 76, § 7. Ante, p. 427. SEC. 3. That whenever the collector or other chief officer of the customs of any port shall be notified in writing by the owner or consignee of any vessel or vehicle, arriving from any foreign port or place, of a lien for freight on any merchandise imported in such vessel or vehicle, and remaining in his custody, such collector or other officer is hereby authorized and empowered to refuse the delivery of such merchandise from any public or bonded warehouse, or other place in which the same shall be deposited, until proof to his satisfaction shall be produced that the freight due thereon has been paid or secured; but the rights of the United States shall not be prejudiced thereby, nor shall the United States or its officers be in any manner liable for losses consequent upon such refusal to deliver; and if merchandise so subject to a lien, regarding which notice has been filed as aforesaid, shall be forfeited to the United States and sold, the freight due thereon shall be paid from the proceeds of such sale in the same manner as other charges and expenses now authorized by law to be paid therefrom. SEC. 4. That the seventh section of "An act to prevent and punish frauds upon the revenue, to provide for the more certain and speedy col |