Fees. 1. Fees of clerk, attorney and marshal in the District of Columbia. 2. Maximum compensation of attorneys and marshals. 3. Fees of clerk and marshal. 13 Stat. 195. Fees of clerk, attorney and marshal in the District of Co 1. The fees of the clerk of the supreme court of the District of Columbia, except so 24 June 1864 1. far as hereinafter specifically provided, and of the United States attorney and the marshal of said district, except so far as hereinafter provided, shall be the same as the fees respectively allowed to clerks of the district and circuit courts, attorneys, solicitors and proctors and marshals, by the act approved February 26th 1853, entitled "An act to regulate the fees and costs to be allowed clerks, marshals and attorneys of the circuit and district courts of the United States, and for other purposes :" Provided, That the clerk of said supreme court shall not be allowed by the secretary of the interior to retain of the fees and emoluments of his said office, for his own personal compensation, over and above his necessary office expenses, the necessary clerk-hire included, to be audited and allowed by the accounting officers of the treasury, subject to an appeal to the secretary of the interior, more than the sum of four thousand dollars per annum ; and in making out his semi-annual returns, required by the third section of said act, said clerk shall embrace his fees and emoluments of every name and character for any service required of him by law. (a) Ibid 2. attorneys aud 2. No marshal nor district attorney of the United States shall, by reason of the discharge of the duties of his office, now or hereafter required of him by law, or in any Maximum comcase in which the United States will be bound by the judgment which may be rendered pensation of in the same, be allowed to retain out of the fees, charges and emoluments therefor, marshals. whether prescribed by statute or allowed by a court or any judge thereof, a greater maximum compensation than that fixed by the act aforesaid; but all such fees and emoluments, of every name and character, shall be included in the semi-annual returns required of marshals and attorneys by the third section of the act aforesaid: Provided, That nothing in this act contained shall apply to the provisions of sections eleven and twelve of the " Act to prevent and punish frauds upon the revenue, approved March 3d 1863." 3. The following fees, and no other, shall be allowed to the clerk of said court, and the marshal of said district, for the services following: Ibid. § 4. Fees of clerk For all services rendered by said clerk to the United States, in cases in which the and marshal. said United States is a party of record, five dollars. For each marriage license, issued by him, one dollar. For each certificate of official character, including the seal, fifty cents. For service of any warrant, attachment, summons, capias or other writ (except execution, venire or a summons or subpoena for a witness), one dollar for each person on whom such service may be made. Fines, Penalties and Forfeitures, 1. Certain penalties to be refunded to owners and masters of vessels. On proof of bona fides. 2. Secretary may remit penal duties in certain cases. 3. Limitations of suits for fines, &c., under the revenue laws repealed. 12 Stat. 271. to be refunded to 1. That the secretary of the treasury be and he is hereby authorized to pay, out of 24 July 1861 ? 1. any moneys in the treasury not otherwise appropriated, to the person or persons entitled to receive the same, the amount of such fines or penalties as have been incurred, and Certain penalties paid by the owners or masters of vessels, since the 1st day of December 1860, in con- owners and massequence of their failure to produce to collectors of the customs, the clearances or other ters of vessels. papers prescribed and required by the laws of the United States regulating the issue of marine papers, and the foreign and coasting trades: Provided, That the secretary of On proof of bona the treasury shall be satisfied in each case that there was no wilful negligence, or any intention of fraud on the part of the person or persons incurring the fines or penalties aforesaid, and that they were unable to obtain the requisite papers, by reason of there being no officer of the customs at the port of departure authorized to issue marine papers, or to grant clearances under the laws of the United States. 2. That the secretary of the treasury be and is hereby authorized to remit, in whole or in part, on such conditions and under such regulations, not inconsistent with law, as (a) See tit. "District of Columbia,” 22–24. fildes. Ibid. 3 3. 210 FINES, PENALTIES AND FORFEITURES.-FLORIDA. 24 July 1861. in certain cases. he may prescribe, the additional duty secured by the bond given for the transportation Secretary may reof merchandise from a port in one collection district to a port in another collection dismit penal duties, trict, prescribed by the sixth section of the act entitled "An act to extend the warehousing system by establishing private bonded warehouses, and for other purposes," approved the 28th day of March 1854: (a) Provided, That it shall be proved to the satisfaction of the secretary of the treasury, that the failure to transport and deliver the merchandise aforesaid, according to the conditions of the bond, occurred without wilful negligence or fraudulent intention on the part of the obligors. 3 Mar. 1863 14. 12 Stat. 741. Limitations of suits for fines, &c. under the reve nue laws repealed. 3. That the 17th section of the act entitled "An act increasing temporarily the duties on imports, and for other purposes," approved July 14th 1862, and so much of the 89th section of the act entitled "An act to regulate the collection of duties on imports and tonnage," approved March 2d 1799, and so much of the 3d section of the act entitled "An act in addition to the act for the punishment of certain crimes against the United States," approved March 26th 1804, as impose any limitation upon the commencement of any action or proceeding for the recovery of any fine, penalty or forfeiture incurred by reason of the violation of any law of the United States relating to the importation or entry of goods, wares or merchandise, are hereby repealed. Fisheries. 1. Bounties not to be paid, until proof of payment of duties on imported salt. 2. Act of 1813 extended to the mackerel fishery. 20 June 1864 31. 13 Stat. 142. Bounties not on imported salt. 3 March 1865 1. 13 Stat. 535. Act of 1813 extended to the 3. Fishing bounties abolished. Fishing vessels may take salt in bond. 1. The allowance of bounty to certain vessels employed in the bank and other cod fisheries, as provided for in the act of July 29th 1813, entitled "An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries," and the act of March 3d 1819, (b) amendatory thereof, shall not hereafter be paid to any such vessel until satisfactory proof shall have been furnished to the collector of customs charged with the payment of such bounty, that the import duty, imposed by law on foreign salt imported into the United States, has been duly paid on all foreign salt used in curing the fish on which the claim to the allowance of bounty is based. 2. The provisions of the first section of "An act for the government of persons in certain fisheries," approved on the 19th of June, in the year 1813,(c) shall extend and apply to the master or skipper and seamen of vessels of the burden of twenty tons or mackerel fishery. upwards, qualified according to law for carrying on the mackerel fisheries, bound from a port in the United States, to be employed in such fisheries, in the same way as if such fisheries had been embraced in said act: Provided, That the agreement named in said section shall be duly made, endorsed and countersigned. 28 July 1866 4. 14 Stat. 328. abolished. 3. That all laws and parts of laws allowing fishing bounties to vessels hereafter licensed to engage in the fisheries be and the same are hereby repealed: Provided, Fishing bounties That from and after the date of the passage of this act, vessels licensed to engage in the fisheries may take on board imported salt in bond, to be used in curing fish, under such regulations as the secretary of the treasury shall prescribe; and upon proof that said may take salt in salt has been used in curing fish, the duties on the same shall be remitted. Fishing vessels bond. Florida. 1-2. Terms of the northern district. CIRCUIT AND DISTRICT COURTS. 1. The times and places of holding the United States district and circuit courts for the northern district of Florida shall hereafter be as follows: at Jacksonville, on the first Monday of December; at Tallahassee, on the first Monday of February; and at Pensacola, on the first Monday of March. 2. That the terms of the United States courts heretofore held at Saint Augustine and Appalachicola be hereafter discontinued. (a) 1 vol. 389, pl. 301. (b) 1 vol. 284. (c) 1 vol. 283. Frauds. 1. Punishment of certain frands by persons in the military or naval service. Parties to be subject to the articles of war, and to trial by court martial. 2. Liability to continue notwithstanding dismissal. 8. Punishment of like frauds by civilians. 4. Jurisdiction of the federal courts. 5. Duties of district attorneys. 6. Prosecutor to receive one-half of the forfeiture 7. Limitation of suit. 8. Certain persons not to act as agents of the government. 9. Repealing and saving clauses.. 12 Stat. 693. Punishment of service. fraud. 1. Any person in the land or naval forces of the United States, (a) or in the militia 2 March 1863 1 in actual service of the United States, in time of war, who shall make or cause to be made, or present or cause to be presented for payment or approval to or by any person Puds by or officer in the civil or military service of the United States, any claim upon or against persons in the the government of the United States, or any department or officer thereof, knowing military or nava! such claim to be false, fictitious or fraudulent; any person in such forces or service who Presenting ficti shall, for the purpose of obtaining, or aiding in obtaining, the approval or payment of tious claims. such claim, make, use or cause to be made or used, any false bill, receipt, voucher, False vouchers. entry, roll, account, claim, statement, certificate, affidavit or deposition, knowing the same to contain any false or fraudulent statement or entry; any person in said forces False swearing or service who shall make or procure to be made, or knowingly advise the making of any false oath to any fact, statement or certificate, voucher or entry, for the purpose of obtaining, or of aiding to obtain, any approval or payment of any claim against the United States or any department or officer thereof; any person in said forces or service Forgery. who, for the purpose of obtaining, or enabling any other person to obtain, from the government of the United States, or any department or officer thereof, any payment or allowance, or the approval or signature of any person in the military, naval or civil service of the United States, of or to any false, fraudulent or fictitious claim, shall forge or counterfeit, or cause or procure to be forged or counterfeited, any signature upon any bill, receipt, voucher, account, claim, roll, statement, affidavit or deposition; and any person Uttering. in said forces or service who shall utter or use the same as true or genuine, knowing the same to have been forged or counterfeited; any person in said forces or service who Conspiracy to deshall enter into any agreement, combination or conspiracy to cheat or defraud the government of the United States, or any department or officer thereof, by obtaining, or aiding and assisting to obtain, the payment or allowance of any false or fraudulent claim; any person in said forces or service who shall steal, embezzle or knowingly and Embezzlement. wilfully misappropriate or apply to his own use or benefit, or who shall wrongfully and knowingly sell, convey or dispose of any ordnance, arms, ammunition, clothing, subsistence stores, money or other property of the United States, furnished or to be used for the military or naval service of the United States; any contractor, agent, paymaster, Concealment of quartermaster, or other person whatsoever in said forces or service having charge, possession, custody or control of any money or other public property, used or to be used in the military or naval service of the United States, who shall, with intent to defraud the United States, or wilfully to conceal such money or other property, deliver or cause to be delivered to any other person having authority to receive the same, any amount of such money or other public property less than that for which he shall receive a certificate or receipt; any person in said forces or service who is or shall be authorized to False certificates. make or deliver any certificate, voucher or receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing or other public property so used or to be used, who shall make or deliver the same to any person without having full knowledge of the truth of the facts stated therein, and with intent to cheat, defraud or injure the United States; any person in said forces or service who shall knowingly purchase or Purchasing arms. receive, in pledge for any obligation or indebtedness, from any soldier, officer or other person called into or employed in said forces or service, any arms, equipments, ammunition, clothes or military stores or other public property, such soldier, officer or other person not having the lawful right to pledge or sell the same; shall be deemed guilty of a criminal offence, and shall be subject to the rules and regulations made for the To be subject to government of the military and naval forces of the United States, and of the militia the articles of when called into and employed in the actual service of the United States in time of war, and to the provisions of this act. And every person so offending may be arrested And tried by and held for trial by a court martial, and if found guilty, shall be punished by fine and imprisonment, or such other punishment as the court martial may adjudge, save the punishment of death. public property. war. court martial. (a) A paymaster's clerk is in the military service, and liable to trial by court martial, under this act. Ex parte Thomas, 1 Chicago Leg. News 245. 8. c. 10 Int. R. Rev. 53. 2 March 1863 2. Liability to continue, notwithstanding dismissal. Ibid. 3. Punishment of like frauds by .vilians. Ibid. 24. Jurisdiction of the federal courts. Tbid. § 5. Duties of district attorneys. 2. Any person heretofore called or hereafter to be called into or employed in such forces or service, who shall commit any violation of this act and shall afterwards receive his discharge, or be dismissed from the service, shall, notwithstanding such discharge or dismissal, continue to be liable to be arrested and held for trial and sentence by a court martial, in the same manner and to the same extent as if he had not received such discharge or been dismissed. 3. Any person not in the military or naval forces of the United States, nor in the militia called into or actually employed in the service of the United States, who shall do or commit any of the acts prohibited by any of the foregoing provisions of this act, shall forfeit and pay to the United States the sum of two thousand dollars, and in addition, double the amount of damages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit. And every such person shall, in addition thereto, on conviction in any court of competent jurisdiction, be punished by imprisonment not less than one, nor more than five years, or by fine of not less than one thousand dollars, and not more than five thousand dollars. 4. The several district courts of the United States, the circuit court of the District of Columbia, or any court therein to be established having general jurisdiction in civil cases, the several district courts of the territories of the United States, within whose jurisdictional limits the person doing or committing such act shall be found, shall, wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try and determine such suit. Such suit may be brought and carried on by any person, as well for himself as for the United States; the same shall be at the sole cost and charge of such person, and shall be in the name of the United States, but shall not be withdrawn or discontinued without the consent, in writing, of the judge of the court and the district attorney, first filed in the case, setting forth their reasons for such consent. 5. It shall be the duty of the several district attorneys of the United States for the respective districts, for the District of Columbia, and for the several territories, to be diligent in inquiring into any violation of the provisions of this act, by persons liable to such suit, and found within their respective districts or territories, and to cause him or her to be proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the said sum of two thousand dollars, and twice the amount of the damages sworn to in the affidavit of the person bringing the suit. 6. The person bringing said suit and prosecuting it to final judgment shall be entitled to receive one-half the amount of such forfeiture, as well as one-half the amount caive one-half of of the damages he shall recover and collect; and the other half thereof shall belong to and be paid over to the United States; and such person shall be entitled to receive to his own use all costs the court may award against the defendant, to be allowed and taxed according to any provision of law or rule of court in force, or that shall be in force, in suits between private parties in said court: Provided, That such person shall be liable for all costs incurred by himself in the case, and shall have no claim therefor on the United States. Ibid. 26. Prosecutor to re forfeiture. Ibid. § 7. Ibid. 28. Certain persons not to act as agents for the government. Ibid. 9. Repealing and 7. Every such suit shall be commenced within six years from the doing or committing the act, and not afterwards. 8. No officer or agent of any banking or other commercial corporation, and no member of any mercantile or trading firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation or firm; and every such officer, agent, or member or person, so interested, who shall so act, shall, upon conviction thereof, be punished by a fine of not more than two thousand dollars nor less than five hundred dollars, and by imprisonment for a term not exceeding two years. 9. All acts and parts of acts inconsistent with or repugnant to any of the provisions of this act are hereby repealed; saving, however, and excepting any and all suits or prosecutions now commenced pending, and all rights of suit or prosecution under any prior act of congress, on account of the doing or committing of any act hereby prohibited, and all rights and claims which the United States, or any person or persons, now have, growing out of such prior act; all which pending suits and prosecutions shall proceed and be determined, and all which rights and claims shall remain and be as valid and effectual as if this present act had not been passed; nor shall this act be so construed as in any way to impair or affect the obligation, duty or liability of any person who now is or shall hereafter become the surety of any person contracting with the United States, or any officer or agent thereof; but every such surety shall be liable and answerable for the default of his principal in the same manner as if this act had 2 March 1863. not been passed, save to the extent to which his principal has performed the contract, or, if damages have been so recovered, to the extent of one-half of the damages so recovered and paid; which last amount may be shown in reduction of damages in any suit brought against the principal and surety, or principals and sureties, on their contract. 1. The district court for the northern district of Georgia shall hereafter be held at 25 July 1866 1. Atlanta, instead of Marietta; and the clerk of said northern district is hereby required 14 Stat. 242. to remove all the books, papers and records belonging to his office from Marietta to Terms of the Atlanta. 2. All process made returnable to the court heretofore held at Marietta shall be taken and considered returnable to the court at Atlanta. II. COLLECTION DISTRICTS. northern district. Ibid. 2. 3. The port of entry for the district of Brunswick, Georgia, shall be Brunswick; and 20 June 1862 ¿ 1. Darien shall be abolished as the port of entry. 12 Stat. 432. Ibid. 2. 4. There shall be a deputy-collector appointed, according to law, to reside at Darien, and to exercise such powers as the secretary of the treasury, under the revenue laws, Deputy-collector may prescribe. at Darien. Guano Islands. 1. Act prohibiting export of guano suspended. 14 Stat. 328. 1. So much of an act entitled "An act to authorize protection to be given to citizens 28 July 1866 ? 3. of the United States who may discover deposits of guano," approved August 18, 1856, (a) as prohibits the export thereof, is hereby suspended in relation to all persons Act prohibiting who have complied with the provisions of section second of said act, for five years from suspended. and after the 14th day of July 1867. Habeas Corpus. 1. In what cases, the federal courts may issue writs of habeas corpus. Petition. Return. Petitioner may traverse return. Return may be amended. Hearing. Penalty for refusing to obey export of guano the writ, &c. Appeal. Proceedings, pending appeal, to be void. 2. Right of appeal to supreme court taken away. 14 Stat. 385. In what cases the federal courts may grant writs of habeas corpus. Petition. 1. The several courts of the United States, and the several justices and judges of such 5 Feb. 1867 2 1. courts, within their respective jurisdiction, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or law of the United States; (b) and it shall be lawful for such person so restrained of his or her liberty to apply to either of said justices or judges for a writ of habeas corpus, which application shall be in writing and verified by affidavit, and shall set forth the facts concerning the detention of the party applying, in whose custody he or she is detained, and by virtue of what claim or authority, if known; and the said justice or judge to whom such application shall be made shall forthwith award a writ of habeas corpus, unless it shall appear from the petition itself that the party is not deprived of his or her liberty in contravention of the constitution or laws of the United States. Said writ shall be directed to the person in whose custody the party is (a) 1 vol. 301, pl. 2. (b) If a person be held by a state court, in violation of any law of the United States, a federal court has power to release him, on habeas corpus, under this act. Ex parte Seymour, 1 Ben. 348. The federal judges have exclusive jurisdiction on habeas corpus, whenever the applicant is illegally restrained of his liberty, under or by color of the authority of the United States, whether by virtue of a formal commitment or otherwise. Ex parte McDonald, 9 Am. L. R. 662. The federal courts have power to apply the writ of habeas corpus to all cases which it would reach at common law; provided it be not issued to any person in jail, unless con fined under and by color of the authority of the United States. Ex parte Des Rochers, 1 McAllister 68. |