Page:United States Statutes at Large Volume 5.djvu/249

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TWENTY-FIF TH CONGRESS. Sess.II. Ch. 31. 1838. 213 Sec. 2. And be it further enacted, That the several officers mcn~ Said officers tinned in the foregoing section shall be, and they are hereby respectively '**1¤lF"d*¤ SWB authorized and required to seize any vessel or vehicle, and all arms or 2lly Tassel' 81* munitions oftwar, about to pass the liontier of the United States for triiiiiieijiiilihiam any place within any foreign State or colony, conterminous with the U- S· *9* WY United States, where the character of the vessel or vehicle, and the f’i“‘??,“""h',"“ quantity of arms and munitions, or other circumstances shall furnish dizlgildriigrhiinprobable cause to believe that the said vessel or vehicle, arms, or muni- 2**5 “'l*h *h*= U- tions of war are intended to be employed by the owner or owners there- `:f;§,;l'°*° ofQ or any other person or persons, with his or their privity, in carrying eaiise to believe on any military expedition or operations within the territory or dominions 'lm Seid Y°$$°l• of any foreign prince or State, or any colony, district, or people eonter- gQ°w°;; ;';;;"d‘ minous with the United States, and with whom the United States are at played in carry. peace, and detain the same until the decision of the President be had we °"_%mlll'¤’Y for the restoration of the same, or until such property shall be dis- °xpBdm°"’ &°' charged by the judgment ofa court of competent jurisdiction: Prm:i— Proviso. ded, That nothing in this act contained shall be construed to extend to, or interfere with any trade in arms or munitions of war, conducted in vessels by sea, with any foreign port or place whatsoever, or with any other trade which might have been lawfully carried on before the passage of this act, under the law of nations and the provisions of the act hereby amended. Sec. 3. And be it furihcr enacted, That it shall be the duty of the _ Otheers makofficcr making any seizure under this act, to make application, with due Tg S°}”“'°S “"' . . . . . . . . erthis uctshall diligence, to the district judge of the district court of the United States ,,pp;y,,,,r,,, d;s_ within which such seizure may be made, for a warrant to justify the 1riczjudge_f¤r_a detention of the property so seized; which warrant shall be granted ?""““"°J“?"‘ . . . y the den-muon only on oath or alhrmatron, showing that there is probable cause to 0;,;,,, prop,,,,}, believe that the property so seized is intended to be used in a manner seized; which contrary to the provisions of this act; and if said judge shall refuse to ‘:_*;‘;:‘€'3;:;Htl;° issue such warrant, or application therefor shall not be made by the ofii- {gw_ ’ cer making such seizure within a reasonable time, not exceeding ten days thereafter, the said property shall forthwith be restored to the owner. But if the said judge shall be satisfied that the seizure was justified under the provisions of this act, and issue his warrant accordingly, then the same shall be detained by the officer so seizing said property, until the President shall order it to be restored to the owner or claimant, or until it shall be discharged in due course of law, on the petition of the claimant, as hereinafter provided. Sec. 4. And be it further enacted, That the owner or claimant of The owner of any property seized under this act, may file his petition in the circuit ¥;gP°fHg’s:'Z¤d or district court of the United States, in the district where such seizure md, in tl; gi: was made, setting forth the facts in the case; and thereupon such court cuir or dist. _ shall proceed, with all convenient despatch, after causing due notice to S·h*¤ be given to the district attorney and officer making such seizure, to mg 5Eé;; V5? decide upon the said case, and order restoration of the property, unless made. _ _ it shall appear that the seizure was authorized by this act: and the a3;ihgi;`:":§;`_m circuit and district courts shall have jurisdiction, and are hereby vested i,,ws,cd`Wi,h with full power and authority, to try and determine all cases whieh may power to try all arise under this act; and all issues in fact arising under it, shall be °“$"¤ °"?mG . . . . under this act, decided by a Jury, in the manner now provided by law. e gm Sec. 5. And be iyfurther rnartrrl, That whenever the officer making whcncwrthe any seizure under this act shall have applied thr and obtained a warrant ctiicer shan for the detention of the property, or the claimant shall have Filed a petition for its restoration, and hxiled to obtain it, and the property so d€,c,,,;0,,(,rp,.0. seized shall have been in the custody of the officer for the term of three perry syizod, or calendar months from the date of such seizure, it shall and may be lawful for the claimant or owner to lilo with the officer a bond to the 0b,,,i,1edi,S_m. amount of double the value of the property so seized and detained, summon bypa-