Page:United States Statutes at Large Volume 4.djvu/643
'1'WENTY·SECOND CONGRESS. Sess. I. Ch. 233. 1832. 597 S·:-.u·¤:·¤ I. CHAP. CCXXXIlI.—·An dot to amend the acl unfilled **.011 act to provide for miti- July 14, 1832. gafing or remitling ihcforfcitures, penalties, and disabilities accruing in certain ___"` unc: therein me1nlioned." (a) Beat enacted lgy fhg Senate and House of Rqzresegztatives of the United S,,c,m,y of States of America, m Congress assembled, That in all cases of fine, the Treasury to penalty, or forfeiture, mentioned and embraced m the act entitled “An P“’"“b° '“’°’·
(a)Acts which have been passed relating to the mitigation and remission of forfeitures, penalties, and disabilities. Remission of jines, penalties, faqfeitures, and disabilities : An act to provide fur mitigating or remitting the forfeitures aud penalties accruing under the revenue laws in certain cases, May *26, 1790, ch. 12. (Expired.) An act to continue in force "An act to provide for mitigating or remitting the fcrfcitures and penalties accruing under the revenue laws, in certain cases," &c., May 8, 1792, ch. 35. (Obsolete.) An act to continue in force for a limited time the acts therein mentioned, March 2, 1795, ch. 37. (Expired.) An act directing the Secretary of the Treasury to remit lines, forfeitures and penalties, in certain cases, Jan. 2, 1813, ch. 7. (Obsolete.) An act authorizing the admission, under certain circumstances, of vessels owned by citizens of the United States of America, with their cargoes, from British ports beyond the Cups of Good Hope, Jan. 27, 1813, ch. 14. (Obsolete.) An act directing the Secretary of the Treasury to remit certain fines, penalties, and forfeituresthsrein mentioned, Feb. 27, 1813, ch. 33. (Obsolete.) An act tc provide for mitigating and remittiug the forfcitures, penalties and disabilitie accruing in certain cases therein mentioned, March 3, 1797, ch. 13. [By the Fourth section of this uct, it was to continue in force for two years, and thence to the end of the next session of Congress. This section was afterwards repealed by act of Feb. 11, IBOO, ch. 6.] An act to repeal part of "An act to provide for mitigating and rcmittiug the forfeitures, pcnnlties and disabilities accruing in certain cases therein mentioned," and to continue in force the residue of the same, Feb. 11, 1800, ch. G. An act further to regulate the entry of merchandise imported into tha United States, fiom 'any udjacent territory, March 2, 1821, ch. 14, sec. 3. An act supplementary to and to amend an act, entitled “An act to regulate the collection of duties on imports and t0m1age," passed second March, 1799, and for other purposes, March 1, 1823, ch. 21, sec. 35. An act to amend an act, entitled “An act to provide for mitigating or remitting the forfeitures, penalties and disabilities thereiii mentioned? July 14, 1832, ch. 233. Suits for jinea, penalties, and forfeiture.; : An act to regulate the cnilection of duties on imports and tonnage, March 2, 1799, ch. 22, scc. 89. Au act further to provide for the collection of duties 011 imports and tonnage, March 3, 1815, ch. 93, sec. 5. An act further to regulate the entry of merchandise imported into the United Statcs from any adjacent territory, March 2, 1821, ch. X4, sec. 3. An act supplementary to and to amend an act, entitled “An act to regulate the collection of duties on imports and tonnage,” passed March 2, 1799, and for other purposes, Mavch 1, 1823, ch. 20, sec. 35. Au act fnr the more effectual collection of the impcst duties, May 28, 1830, ch. 147, scc. 7. Limitation of suits forjines, penalties, and forfeiture: : An act For the unishmenr of certain crimes against the United States, Apri130,1'790, ch. 9, sec. 31. An act to regui;te the collection of duties on imports and tonnage, March 2, 1799, ch. 22, scc. 89. An act in addition to an act entitled “An act for the punishment of certain crimes against the United States, March 26, 1804, ch. 40, sec. 3. Au aut for the regulation of seamen on board the public and private armed vessels of the United States, March 3, 1813, ch. 42, sec. I4. Distribution of jines, penalties, and fmfeitures : An act to regulate the collection of duties cn imports and tonnage, 1799, ch. 22, sec. 91. An act to prohibit intercourse with the enemy, and fur other purposes, Feb. 4, 1815, ch. S1, sec. 7. An act further to provide for the collection of duties on imports and tonnage, March 3, 1815, ch. 93, scc. 5. An act Further to regulate the entry of merchandise imported into the United States from any adjacent territory, March 2, 1821, ch. 14, sec. 3. An act supplementary to and to amend an act entitled "An act to regulate the collection of duties on imports and tennage,” passed March 2, 1799, and fbi- other purposes, March 1, 1823, ch. 20, sec. 35. Decisions of the courts of the United States cn the remission and distribution q" the proceeds of penallies and forfeilures: Action of indcbitatus assumpsit, was brought by the officers of the revenue cutter of tha district of Delaware, for one halfof the forfeiture incurred for a. violation of the nomintercnurse law, by a vessel seized by the collector of Delaware, on the infomation of the plaintiffs, and sent by him to the district of Pennsylvania for trial, where she was condemned, and the amount of the forfeiture was received by the defendant, the collector of the port of Philadelphia. Held, lst. The information in induce a senzurc need not be as full as the evidence in the case would authorize to condemn. It is sufficient if it induced the prosecution. 2d. It is not necessary that the officers of the revenue cutter should, where they gave the information, make a claim for a part of the forfeiture; or that they should take any part ip the prosecuticn of the case, to entitle them to a. portion of the proceeds. 3d. The consent of the plamtnifs that the vessel should be sent from the district of Delaware, to the district of Pennsylvania.; ur a. disavowai by them, of having instituted this suit, docs not constitute a waiver of their right to their share of the