Page:United States Statutes at Large Volume 4.djvu/643

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TWENTY-SECOND CONGRESS.⁠Sess. I. Ch. 233.⁠1832.

Statute Ⅰ.

July 14, 1832.

Chap. CCXXXIII.—An Act to amend the act entitled “An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities accruing in certain cases therein mentioned.”^[1]

Secretary of the Treasury to prescribe rules.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of fine, penalty, or forfeiture, mentioned and embraced in the act entitled

↑ Acts which have been passed relating to the mitigation and remission of forfeitures, penalties, and disabilities.
Remission of fines, penalties, forfeitures, and disabilities:
An act to provide for mitigating or remitting the forfeitures and 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 forfeitures 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 fines, 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 Cape of Good Hope, Jan. 27, 1813, ch. 14. (Obsolete.)
An act directing the Secretary of the Treasury to remit certain fines, penalties, and forfeitures therein mentioned, Feb. 27, 1813, ch. 33. (Obsolete.)
An act to provide for mitigating and remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned, March 3, 1797, ch. 13.
[By the fourth section of this act, 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 This section was afterwards repealed by act of Feb. 11, 1800, ch. 6.]
An act to repeal part of “An act to provide for mitigating and remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned,” and to continue in force the residue of the same, Feb. 11, 1800, ch. 6.
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 tonnage,” 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 therein mentioned,” July 14, 1832, ch. 233.
Suits for fines, penalties, and forfeitures:
An act to regulate the collection of duties on imports and tonnage, March 2, 1799, ch. 22, sec. 89.
An act further to provide for the collection of duties on imports and tonnage, March 3, 1815, ch. 93, sec. 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 tonnage,” passed March 2, 1799, and for other purposes, March 1, 1823, ch. 20, sec. 35.
An act for the more effectual collection of the impost duties, May 28, 1830, ch. 147, sec. 7.
Limitation of suits for fines, penalties, and forfeitures:
An act for the punishment of certain crimes against the United States, April 30, 1790, ch. 9, sec. 31.
An act to regulate the collection of duties on imports and tonnage, March 2, 1799, ch. 22, sec. 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.
An act for the regulation of seamen on board the public and private armed vessels of the United States, March 3, 1813, ch. 42, sec. 14.
Distribution of fines, penalties, and forfeitures:
An act to regulate the collection of duties on imports and tonnage, 1799, ch. 22, sec. 91.
An act to prohibit intercourse with the enemy, and for other purposes, Feb. 4, 1815, ch. 31, sec. 7.
An act further to provide for the collection of duties on imports and tonnage, March 3, 1815, ch. 93, sec. 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 tonnage,” passed March 2, 1799, and for other purposes, March 1, 1823, ch. 20, sec. 35.
Decisions of the courts of the United States on the remission and distribution of the proceeds of penalties and forfeitures:
Action of indebitatus assumpsit, was brought by the officers of the revenue cutter of the district of Delaware, for one half of the forfeiture incurred for a violation of the non-intercourse law, by a vessel seized by the collector of Delaware, on the information 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, 1st. The information to induce a seizure 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 in the prosecution of the case, to entitle them to a portion of the proceeds. 3d. The consent of the plaintiffs that the vessel should be sent from the district of Delaware, to the district of Pennsylvania; or a disavowal by them, of having instituted this suit, does not constitute a waiver of their right to their share of the

[p597-1] Acts which have been passed relating to the mitigation and remission of forfeitures, penalties, and disabilities.
Remission of fines, penalties, forfeitures, and disabilities:
An act to provide for mitigating or remitting the forfeitures and 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 forfeitures 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 fines, 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 Cape of Good Hope, Jan. 27, 1813, ch. 14. (Obsolete.)
An act directing the Secretary of the Treasury to remit certain fines, penalties, and forfeitures therein mentioned, Feb. 27, 1813, ch. 33. (Obsolete.)
An act to provide for mitigating and remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned, March 3, 1797, ch. 13.
[By the fourth section of this act, 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, 1800, ch. 6.]
An act to repeal part of “An act to provide for mitigating and remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned,” and to continue in force the residue of the same, Feb. 11, 1800, ch. 6.
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 tonnage,” 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 therein mentioned,” July 14, 1832, ch. 233.
Suits for fines, penalties, and forfeitures:
An act to regulate the collection of duties on imports and tonnage, March 2, 1799, ch. 22, sec. 89.
An act further to provide for the collection of duties on imports and tonnage, March 3, 1815, ch. 93, sec. 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 tonnage,” passed March 2, 1799, and for other purposes, March 1, 1823, ch. 20, sec. 35.
An act for the more effectual collection of the impost duties, May 28, 1830, ch. 147, sec. 7.
Limitation of suits for fines, penalties, and forfeitures:
An act for the punishment of certain crimes against the United States, April 30, 1790, ch. 9, sec. 31.
An act to regulate the collection of duties on imports and tonnage, March 2, 1799, ch. 22, sec. 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.
An act for the regulation of seamen on board the public and private armed vessels of the United States, March 3, 1813, ch. 42, sec. 14.
Distribution of fines, penalties, and forfeitures:
An act to regulate the collection of duties on imports and tonnage, 1799, ch. 22, sec. 91.
An act to prohibit intercourse with the enemy, and for other purposes, Feb. 4, 1815, ch. 31, sec. 7.
An act further to provide for the collection of duties on imports and tonnage, March 3, 1815, ch. 93, sec. 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 tonnage,” passed March 2, 1799, and for other purposes, March 1, 1823, ch. 20, sec. 35.
Decisions of the courts of the United States on the remission and distribution of the proceeds of penalties and forfeitures:
Action of indebitatus assumpsit, was brought by the officers of the revenue cutter of the district of Delaware, for one half of the forfeiture incurred for a violation of the non-intercourse law, by a vessel seized by the collector of Delaware, on the information 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, 1st. The information to induce a seizure 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 in the prosecution of the case, to entitle them to a portion of the proceeds. 3d. The consent of the plaintiffs that the vessel should be sent from the district of Delaware, to the district of Pennsylvania; or a disavowal by them, of having instituted this suit, does not constitute a waiver of their right to their share of the

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