Page:United States Statutes at Large Volume 5.djvu/763

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TWENTY-EIGIITIl CONGRESS. Sess. II. Ch. 22, 24, 25. 1845. 727 tent, and with the same equities, as it now docs in cases of admiralty and maritime jurisdiction; saving, however, to the parties the right of trial by jury of all facts put in issue in such suits, where either party shall require it; and saving also to tha parties the right of a concurrent remedy at the common law, where it is competent to give it, and any concurrent remedy which may be given by the State Jaws, where such steamer or other vessel is employed in suchibusiness of commerce and navigation. Armovmu, February 26, 1845. `L` Srnvm II. Cmp. XXH.—.{2n Act exp/anatvry ry" an act entitled win act making appmpria- pcb_ gg, 184; iionsfor t/za cwil and dzp/zmzulic expenses of Govcmmentfar the year one thou- ;—*··— sand cig/zt hundred and thirty-·nine." (a) Bc it enacted by the Senate and House of Representatives of Ike Umm] States of America in Congress assembled, That nothing can- €;J'S"“9‘i°“f mined in the second section of the act entitled "An act making appro- gc, 3ds°Ri;;°;]h° priatious for the civil and diplomatic expenses of Government for the 1839, ch. 82, year one thousand eight hundred and thirty-nine," approved on the third $°°a 2·. '°I“'!§° day of March, one thousand eight hundred and thirty-nine, shall take $]d;l§50*::;,_ away, or be construed to take away or impair, the right of any person or persons who have paid or shall heraafter pay money, as and for duties, under protest, to any collector of the customs, or other person acting as such, in order to obtain goods, wares, or merchandise, imported by him or them, or on his or their account, which duties arc not authorized or payable in part or in whole by law, to maintain any action at law against such collector, OT other person acting as such, to ascertain and try the legality and validity of such demand and payment of duties, and to have

1 right to a trial by jury, touching the same, accordingto the due course

0f law. Nor shall any thing contained in the second section of the act aforesaid be construed to authorize the Secretary of the Treasury to refund any duties paid under protest; nor shall any action be maintained against any collector, to recover the amount of duties so paid under protest, unless the said protest was made in writing, and signed by the claimant, at or before the payment of said duties, setting forth distinctly and specifically the grounds of objection to the payment thereof: Armovzn, February 26, 1845, ._.._. Srnuu II. CHAP. XXIV.-—An Act to authorize the Saul/z Caro/ina Railroad Company l0 Feb. 26, 1845. impor! certain pipes and machimryfrce of duly. ——__"`_" Be it enacted by the Senate and House of Represenmlives of the United States of America in Congress assembled, That the South Caro- 53;*33;;*:Eé *0 HHH Railroad Company be, and hereby is, authorized to import mto the ¥egulam,,,s 0; United States, without payment of duties thereon, all such pipes as hawfc imponmion. been or may be invented or used for the application of the atmospheric pressure as a propelling power on railroads, not to exceed what IS suflicient for u road one milc in length, and also all the machinery connectcd therewith, or which is necessary for the use and working thergoi under such regulations as the Secretary of the Treasury may prescribe. Ammovmp, February 26, 1345. Szwrurz II. CHAP. XXV.—J1n Act to amend an act entitled "An act io carry into of cot, in the Feb. 26, 1845. S/MGS Qf ./9/abazna and Jllississippi, the exisling compzzcls with Uwse Slaies wlfh Act of July 4, regard lo zhejive per een:. Jmml and the school resu·vations." 1836, ch, 355. Be it enacted by the Senate and House of Represenfatéves of the United Staies of America in Congress assembled, That so much of the {u) $00 notes to the act of March 3, 1839, chap. 82, ante, p. 349.