Page:United States Statutes at Large Volume 18 Part 3.djvu/217

FOBTY-THIRD CONGRESS. Sess. I. C11. 301. 1874. 187 by any officer or person employed in the customs-service, such compensation may, on such recovery, ba paid to such person so furnishing information as shall be just and reasonable, not exceeding in any case Not to exe em the sum of five thousand dollars; which compensation shall be paid,$5•°°”· . under-the direction of the Secretary of the Treasury, out of any money H"' Pm' appropriated for that purpose. Sec. 5. Th at in all suits and proceadin gs other than criminal arising Motion of attorunder any of the revenue-laws of the United States, the attorney my f°' P’°d“°*i°¤ representing the Government, whenever, in his belief, any business- of b‘Y°k°’ ¥;°‘I’°5x“· book, invoice, or paper, belonging to or under the control of the de- thz}, H fndauthor claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book, invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding N°**°·? °f°*2¤'*> for is pending may, at its discretion, issue a notice to the defendant or M l’°°kS· claimant to produce such book, invoice, or paper in court, at sm day. and p P ’ ' hour to be specified in said notice, which, together with a copy of said ` motion, shall be served formally ou the defendant or claimant by the ¤¤#vi¤¤ °¤` ¤<>¤i<><>· _ United States marshal by delivering to him a. certified copy thereof, or otherwise serving the same as original notices of suit in the same court F .1l f I ‘ are served; and if the defendant or claimant shall fail or refuse to pro- to 1;Q§;2B°{,jfkZ°€0 dune, such book, invoice, or paper in obedience to such notice, the be mkou as confes- . allegations stated in the said motion shall ba taken as confessed unless ¤*<>¤ ¤f *>»U<>g=1¤i¤¤¤, his failure or refusal to produce the same shall be explained to the satis- ““l°"* &°· faction -cf the court. And if produced, the said attorney shall be 5\¢¢<>f¤¤Y PBX"' permitted, under tho direction of the court, to make examination (at §;“*’°d m "“’“‘”°» which examination the defendant or claimant, or his agent, may be ' present) of such entries in said book, invoice, or paper as relate to or mud . to prove the allegation aforesaid, and may 0Eor the same in evidence on Owner 0 r agmt behalf of tho United States. But the owner of said books and papers, m lmvu custody of his agent or attorney, shall have, subject to the order of tho courts, the b<><>k¤- custody of them, except pending their examination in court as aforesaid. . . Sec. 6. That no payment shall be made to any person furnishing w1?;:°m5ffiQ*1f§”:,"l§€ information in any case wherein judicial proceedings shall have been ccodiugs instituted iusbitutedmnlass his claim to compensation shall have been established *0 iw ¤¤¤¤i¤¤d b v to the satisfaction of tha court or judge having cognizuncc of such "°“’”· ` proceedings, and the value of his services duly ccrmicd by said court or judge for the information of the Secretary of the Treasury; but no C M W t certificate of the value of such services shall be conclusive of the wnffugifl'; " ° ' amount thereof. And when any fine, penalty, or forfeiture shall be Proof of claim collected without judicial proceedings, the Secretary of the Treasury whammfomm Wl_ shall, before directing payment to any person claiming such compcu-1w1m without jusatiou, require satisfactory proof that such person is justly entitled di¤i=¤1>¤>¤¤¤<ii¤a;¤- thereto. . . SEO. 7. That except in cases of smuggling as aforesaid, its shall not 0 gqglggh Qgcgizilff bo lawful for any 0'm001' of tho United States, under any pretense what- M., 0 ,· mfm.,,,,,,}§ BVGI', difébtly O!.' `il.\d`iI'6Gt1y, to 1'630iV6, 30C0pt}, 0I' COHDFQIQD for ally ‘pOI‘· gcus, cxc0p_t in cusss tion of the money which may, under any of the provisions of ams or <>f ¤w¤ge;l¤¤g- any other act,a.ccruo to any such person furnishing information; and any such officer who shall so receive, accept, or con cram; for any portion of the money that may accrue as aforesaid shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to a fine not exceeding Eve thousand dollars, or imprisonment for not more than one yqmy, or- both, in tché discretion of the court, and shall not be thereafter chg1- ble to any omco of honor, trust, or omolumemb. And any such person _I£f<>*¤;¤¤¤‘ *9 !¤=W¤ so furnishing information as aforesaid, who shall pay to any suc!{ officer 0QB;’m°“;‘;;g“&‘g? of tho United States, or to any person for his use, directly or induectly, paid to ,,m,,e,_ ’ ’ any portion of said money, or any other valuable thing, on account of or pocquso of such money, shall have a. right; of action against such 0f6cm- 'or other person, and his legal representatives, to recover back the same, or the value thereof.