84 TWENTY-NINTH CONGRESS. Sess. I. Ch. 174. 1846 .-—— tto re und to certain Persons an excess ,
CHAP- CLXXIVM fd Impoirilation of foreign Merchandise. ofpmy mm
Be it enacted b the Senate and Hwse of Representatives o the United States of A!lner·ica in Congress assembled, That the Secifzitary Excess orduty of the Treasury be, and he hereby is, authorized and required to pay to 3,*:5: ';Q_t§:; Manice, Phelps, and Company, and Manice, Gold, and Company, ma;. of r,,§;,, mc,. chants of the city of New York, any excess of dutypaid by them to the <=l¤t5¤¤<g¤g ¢<• be collector of the port of ew York, upon the importation of certain Thibet "f,,‘;’Q,,§,;Ph,,,P,’ shawls, worsted Valencias, worsted and cotton ermmetts, brochcllag, &. Co._ pinccttas, and cashmaretts, since the fourteenth day of July, eighteen &"g:"'°°· G°ld» hundred and thirty-two,beyoud what the same were legally chargeable H,,;,{.,d,H,;,,,,,, with; and to pay to Halsted, Haines, and Company, merchants of the &· C0- city of New York, any excess of duty paid by them in the years eigh. teen hundred and thirty-three, eighteen hundred and thirty-five, eigh. teen hundred and thirty-six, eighteen hundred and thirty-eight, and eighteen hundred and thirty-nine, upon the importation of wove shirts, worsted cravats, and silk twists, beyond what the same were by law chargeable with, an [and] interest thereon from said time of payment; E<lW¤-ld H¤Fd.*'- and also to pay to Edward Hardy, of the city of New York, any excess of duty paid by him on the importation, in the year eighteen hundred and thirty-eight, of wove shirts and drawers, worsted Guernsey frocks, and cotton and merino and worsted shirts and drawers, beyond what the same were char eable with, and interest thereon from said George Troll. time of payment; andgalso to pay to George Trull any excess of duty paid by him on the importation, in the years eighteen hundred and thirty-eight, eighteen hundred and thirty-nine, and eighteen ‘hundred and forty, of wove shirts and drawers, beyond what was legally chargeable thereon, and interest on such excess from said time of a ment; $¤¤i¢h,Th¤r- and also to pay to Smith, Thurger, and Company, merchahtg of the E"' &‘C°’ city of New York, any excess of duty paid by them on the importation of jute grass, under the name of India matting, India weed, hemp carpeting, and jute carpeting, in the years eighteen hundred and thirty- eigiht, eilghteenhhurédred and thirty-nine, eighteen hundred and thrty, an ei teen un red and fbrt -one, be ond what the same were legally gchargeable with, and inteiiest on subh excess; and also to pay u Jonathan Lit- Jonathan Little, assignee of Whiley and Taylor, merchants of the city °‘ of New York, any excess of duty paid by them upon the importation of silk twist, in the years eighteen hundred and thirty-eight and eighteen hundred and thirty-nine, beyond what the same was legally chargeable with; said several sums to be paid out of any money in Onset tobe the treasury not otherwise appropriated: _Provided, That if either of
- ‘,.“g?;f °l‘“"" the. persons hereinbefore named is in any manner indebted to the
United States, the sum so payable to such indebted person, or so much tlhpepif as will be necessary, shall be retained in `set-oif to such ine te ness. Sec. 2. And be itfxrther enacted, That the Secretar of the Treasury be, and he is hereby, authorized, out of any money the treasury Au dmc, mg not otherwise appropriated, to refund to the several persons entitled Elly collechedto thereto such sums of money as have been illegally exacted by collect- ’°f“”d°d· ors of the customs, under the sanction of the treasury department, _ for duties on imported merchandise, since the third of March, eighteen P¥°'¤¤°· hundred and thirty-three: Provided, That, before any such refundmg, the Secretary shall be satisfied, by decisions of the courts of the United States upon the principle involved, that such duties were ille- Proviso. gally exacted : And provided, also, That such decisions of the courts shall have been adopted or acquiesced in by the treasury department as its rule of construction. Approved, August 8, 1846.
