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herein provided for. The drawback allowed shall include the taxes levied and paid 20 July 1868. upon the alcohol or rum exported, not, however, exceeding sixty cents per gallon proof Drawback on spirits, which shall be due and payable only after the proper entries and bonds have alcohol and rum. been executed and filed, and all other conditions complied with as hereinafter required, and thirty days after the vessel has actually cleared and sailed on her voyage with such spirits on board; and the secretary of the treasury shall prescribe such rules and regulations in relation thereto as may be necessary to secure the treasury of the United States against frauds. And if any person shall fraudulently claim or seek to obtain Penalties for an allowance of drawback on any alcohol or rum, or shall fraudulently claim any greater allowance or drawback than the tax actually paid thereon, such person shall forfeit and pay to the government of the United States, triple the amount wrongfully and fraudulently sought to be obtained, and on conviction, shall be imprisoned not less than one year nor more than ten years. And any owner, agent or master of any vessel who shall knowingly aid or abet in the fraudulent collection, or fraudulent attempt to collect, any drawback upon rum or alcohol, or shall knowingly aid or permit any fraudulent change in the spirits so shipped, shall, on conviction, be fined five thousand dollars and imprisoned not less than one year; and the ship or vessel on board of which such shipment was made, or pretended to be made, shall be forfeited to the United States, whether a conviction of the master or owner be had or otherwise, and proceedings may be had in admiralty, by libel, for such forfeiture.
387. Alcohol and rum may be exported with the privilege of drawback, in quantities not less than two thousand gallons, and in packages containing not less than thirty gallons each, on application of the owner thereof, to the collector of customs at any port of entry, and under such rules and regulations, and after making such entries, and executing such bonds, and giving such other additional security, as may be prescribed by law and by the secretary of the treasury. The entry for such exportation shall be in triplicate, and shall contain the name of the person applying to export, the name of the distiller, and of the district in which the spirits were distilled, and the name of the vessel by which, and the name of the port to which, they are to be exported; and the form of the entry shall be as follows:
Export entry of distilled spirits entitled to drawback.
to be exported by
is master, bound
How alcohol and rum may be exported with privilege of draw
Form of entry
And the entry shall specify the whole number of casks or packages, the marks and serial numbers thereon, the quality or kind of spirits as known in commerce, the number of gauge or wine gallons and of proof gallons; and [the] amount of the tax on such spirits shall be verified by the oath or affirmation of the owner of the spirits, and Oath. that. the tax has been paid thereon, and that they are truly intended to be exported to the port of and not to be relanded within the limits of the United States. And Bond. said owner shall give his bond executed in duplicate, with one or more sureties satisfactory to said collector, conditioned that the principal named in said bond will export the spirits as specified in said entry to the port of and that the same shall not be landed within the jurisdiction of the United States; the penal sum named in said bond shall be equal to not less than double the amount of the drawback on such spirits. For the discharge of any such export bond, the same time shall be allowed, and the same certificates of landing and other evidence shall be required, as is or may be provided and required for imported merchandise exported from the United States, that the said spirits have been landed at the port named, or at any other port, beyond the jurisdiction of the United States. One bill of lading, duly signed by the master of the Bills of lading. vessel, shall be deposited with said collector, to be filed at his office with the entry, retained by him; one of said entries shall be, when the shipment is completed, transmitted, with the duplicate of the bond, to the secretary of the treasury, to be recorded and filed in his office. The lading on board said vessel shall be only after the receipt of an order or permit signed by the collector of customs and directed to a customs gauger, and after each cask or package shall have been distinctly marked or branded, by said gauger, as follows: "For export from U. S. A." The casks or packages shall Inspection, &c.
be inspected and gauged alongside of or on the vessel by the gauger, designated by said collector, under such rules and regulations as the secretary of the treasury may prescribe; and on application of the said collector, it shall be the duty of the surveyor of the port to designate and direct one of the custom-house inspectors to superintend such shipment. The gauger, as aforesaid, shall make a full return of such inspecting and gauging, certifying thereon that the shipment has been made, in his presence, on board the vessel named in the entry for export, which return shall be endorsed by said
20 July 1868.
I. CIRCUIT AND DISTRICT COURTS.
1. Divisions for jury trials. Northern division.
2. Southern division.
3. Western division.
Ibid. 26. Southern division.
I. CIRCUIT AND DISTRICT COURTS.
11 Stat. 437.
3 March 1859 5. 1. For the purpose of trying all issues of fact triable by jury in the district court of the United States for the district of Iowa, said district shall be divided into three diviDivisions for jury sions as follows, namely: the counties of Clinton, Jones, Linn, Benton, Tama, Marshall,
Grundy, Hardin, Webster and all the counties north of the same, and east of Calhoun,
2. The counties of Scott, Cedar, Johnson, Iowa, Powasheik, Mahaska, Marion, Lucas,
3. All the remaining counties of the state shall constitute the western division; and Western division. One regular term of said court shall be held on the second Tuesday of November in
each year at Des Moines.
custom-house inspector, certifying that the casks or packages have been shipped under
Terms of circuit and district courts.
Ibid. 28. Former laws to be applicable. Ibid. 29. Power of the judge.
4. The provisions of the several acts of congress, regulating the courts in the several
5. The judge of said district court shall have power to make such rules and orders as
6. Instead of the times heretofore provided by law, the terms of the circuit and dis2 March 1863? 2. trict courts for the district of Iowa, to be held at Des Moines, shall be held on the
12 Stat. 699.
17 June 18621. 12 Stat. 430. Disloyal practices to be cause of challenge.
1. Disloyal practices to be cause of challenge.
2. Additional oath to jurors.
4. Former laws to be applicable.
5. Power of the judge.
6. Terms of circuit and district courts.
second Tuesday of May and third Tuesday in October in each year; and the fall term
3. False swearing to be perjury.
1. In addition to the existing causes of disqualification and challenge of grand and petit jurors in the courts of the United States, the following are hereby declared and established, namely: without duress and coercion to have taken up arms or to have joined any insurrection and rebellion against the United States; to have adhered to any rebellion, giving it aid and comfort; to have given, directly or indirectly, any assistance in money, arms, horses, clothes or anything whatever, to or for the use or benefit of any person or persons whom the person giving such assistance knew to have joined, or to be about to join, any insurrection or rebellion, or to have resisted, or to be about to resist with force of arms, the execution of the laws of the United States, or who he had good ground to believe had joined, or was about to join, any insurrection or rebellion, or had resisted, or was about to resist, with force of arms, the execution of the laws of the United States; and to have counselled and advised any person or persons to join any insurrection and rebellion, or to resist with force of arms the laws of the United States. (a)
(a) Although the oath prescribed by the 2d section of this act, will not be administered to jurors in the federal courts, except at the instance of the district attorney, yet it is the right of any
2. At each and every term of any court of the United States, the district attorney, or other person acting for and on behalf of the United States in said court, may move,
party to a case, civil or criminal, to challenge for the causes set
and the court in their discretion may require the clerk to tender to each and every per- 17 June 1862. son who may be summoned to serve as a grand or petit juror or venireman or talesman Additional oath in said court, the following oath or affirmation, viz: "You do solemnly swear (or affirm, to jurors. as the case may be) that you will support the constitution of the United States of America; that you have not, without duress and constraint, taken up arms or joined any insurrection or rebellion against the United States; that you have not adhered to any insurrection or rebellion, giving it aid and comfort; that you have not, directly or indirectly, given any assistance in money or any other thing, to any person or persons who you knew, or had good ground to believe, had joined or was about to join, said insurrection and rebellion, or had resisted, or was about to resist, with force of arms, the execution of the laws of the United States; and that you have not counselled or advised any person or persons to join any rebellion against, or to resist with force of arms, the laws of the United States." Any person or persons declining to take said oath shall be discharged by the court from serving on the grand or petit jury or venire, to which he may have been summoned.
3. Each and every person who shall take the oath herein prescribed, and who shall swear falsely to any matter of fact embraced by it, shall be held to have committed the False swearing crime of perjury, and shall be subject to the pains and penalties declared against that to be perjury. crime.(a)
I. ADMISSION INTO THE UNION.
12 Stat. 126. Kansas admitted into the Union.
1. Whereas, the people of the territory of Kansas, by their representatives in con- 29 Jan. 1861 1. vention assembled at Wyandott, in said territory, on the 29th day of July 1859, did form for themselves a constitution and state government, republican in form, which was ratified and adopted by the people at an election held for that purpose on Tuesday, the 4th day of October 1859, and the said convention has, in their name and behalf, asked the congress of the United States to admit the said territory into the Union as a state, on an equal footing with the other states: Therefore be it enacted, that the state of Kansas shall be and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original states in all respects whatever. And the said state shall consist of all the territory included within the following boundaries, to wit: beginning at a point on the western boundary of the state Boundaries. of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the state of Missouri; thence south with the western boundary of said state to the place of beginning: Provided, That nothing contained in the said constitution respecting the boundary of said state shall be construed to impair the rights of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with such Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the state of Kansas, until said tribe shall signify their assent to the president of the United States to be included within said state; or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property or other rights, by treaty, law or otherwise, which it would have been competent to make if this act had never passed.
Ibid. 22. Representation in congress.
2. Until the next general apportionment of representatives, the state of Kansas shall be entitled to one representative in the house of representatives of the United States. 3. Nothing in this act shall be construed as an assent by congress to all or to any of the propositions or claims contained in the ordinance of said constitution of the people of Kansas, or in the resolutions thereto attached; but the following propositions are Propositions. hereby offered to the said people of Kansas for their free acceptance or rejection, which,
(a) See act 16 June 1862, as to jurors in the District of Columbia. 12 Stat. 428. And see 1 Surratt's Trial 45, as to its construction.
Indian rights not to be impaired.
29 January 1861. if accepted, shall be obligatory on the United States and upon the said state of Kansas, to wit: I. That sections numbered sixteen and thirty-six in every township of public lands in said state, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as Lands for a uni- may be, shall be granted to said state for the use of schools. II. That seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner of the general land office, and to be appropriated and applied in such manner as the legislature of said state may prescribe, for the purpose aforesaid, but for no other Public buildings. purpose. III. That ten entire sections of land, to be selected by the governor of said state, in legal subdivisions, shall be granted to said state for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof. IV. That all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining or as contiguous as may be to each, shall be granted to said state for its use; the same to be selected by the governor thereof within one year after the admission of said state, and when so selected to be used or disposed of on such terms, conditions and regulations as the legislature shall direct: Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said state. V. That five per centum of the net proceeds of sales of all public lands lying within said state which shall be sold by congress after the admission of said state into the Union, after deducting all the expenses incident to the same, shall be paid to said state for the purpose of making public roads and internal improvements, or for other purposes, as the legislature shall direct: Provided, That the foregoing propositions herein before offered are on the condition that the people of Kansas shall provide by an ordinance, irrevocable without the consent of the United States, that said state shall never ere with the primary disposal of the soil within the same by the United States, or with any regulations congress may find necessary for securing the title in said soil to bona fide purchasers thereof. VI. And that the said state shall never tax the lands or the property of the United States in said state: Provided, however, That in case any of the lands herein granted to the state of Kansas have heretofore been confirmed to the territory of Kansas for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act.
II. CIRCUIT AND DISTRICT COURTS.
4. From and after the admission of the state of Kansas, as herein before provided, all the laws of the United States which are not locally inapplicable, shall have the same
Proceeds of sales of public lands.
29 Jan. 1861 24. 12 Stat. 128.
Laws of the Uni- force and effect within that state as in other states of the Union; (a) and the said state
ted States extended to Kan
is hereby constituted a judicial district of the United States, within which a district court, with the like powers and jurisdiction as the district court of the United States for the district of Minnesota, shall be established; the judge, attorney, attorney and marshal of the United States for the said district of Kansas shall reside within the same, and shall be entitled to the same compensation as the judge, attorney and marshal of the district of Minnesota. And in all cases of appeal or writ of error heretofore prosecuted, and now pending in the supreme court of the United States, upon any record from the supreme court of Kansas territory, the mandate of execution or order of further proceedings shall be directed by the supreme court of the United States to the district court of the United States for the district of Kansas, or to the supreme court of the state of Kansas, as the nature of such appeal or writ of error may require; and each of those courts shall be the successor of the supreme court of Kansas territory, as to all such cases, with full power to hear and determine the same, and to award mesne or final process therein.
Mandates in pending causes.
5. The judge of the district court for the district of Kansas shall hold two regular terms of the said court, annually, at the seat of government of the said state, to commence on the second Mondays of April and October in each year.
6. The terms of the circuit court for the district of Kansas shall be holden in each and every year, at the place prescribed by law for holding terms of the district court Terms of circuit therein, on the fourth Monday of May and November.
13 Jan. 1863 1. 12 Stat. 635.
1 July 1864 1. 13 Stat. 342. Leavenworth a port of delivery. Surveyor.
III. COLLECTION DISTRICTS.
7. That Portland in the state of Oregon, and within the collection district of Oregon, and Leavenworth in the state of Kansas, and within the collection district of Mississippi, be and hereby are declared to be ports of delivery within their respective collection districts; and there shall be appointed a surveyor of customs, to reside at each
(a) See Smith v. Cockrill, 6 Wall. 756.
of said ports, who shall perform the duties and receive the compensation and emoluments prescribed in the act of congress, approved March the 2d 1831, (a) being "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places."
1. Terms of the circuit and district courts.
2. Adjournments in absence of the judges. Special terms of the circuit court.
4. Special terms of the district courts.
6. Terms to be without limitation.
1 July 1864. Compensation.
I. CIRCUIT AND DISTRICT COURTS.
12 Stat. 386.
1. The circuit and district courts of the United States for the district of Kentucky 15 May 1862 1. shall hereafter commence and be held as follows: at Covington, on the third Monday of April and on the first Monday of December; at Louisville, on the third Monday of February and first Monday of October; at Frankfort, on the third Monday of May and first Monday of January; and at Paducah, on the third Monday of March and first Monday of November. (b)
2. If neither of the judges of said courts be present at the time for opening court, the clerk may open and adjourn the court, from day to day, for four days, and if the Adjournments in judge does not appear by two o'clock P. M. of the fourth day, the clerk shall adjourn absence of the the court to the next stated term; but either the circuit or district judge, by written order to the clerk within the first three days of his term, may adjourn court to a future day, within thirty days of the first day, of which adjournment the clerk shall give notice by posting a copy of said order on the front door of the court-house where the court is to be held. And the district judge, and in his absence, the circuit judge, may order a Special terms of special term of the circuit court, designated in a similar order, to be published in a similar manner, and in one or more newspapers in the place where the court is held; and by said order the judge may prescribe the duties of the officers of court in summoning juries, and in the performance of other acts necessary for the holding of such special term, or the court may by its order, after it is opened, prescribe the duties of its officers, and the mode of proceeding, and any of the details thereof.
the circuit court.
3. Such number of jurors shall be summoned by the marshal at every term of the Ibid. 23. circuit and district courts, respectively, as may have been ordered of record at the pre- Juries. vious term; and in case there is not a sufficient number of jurors in attendance at any time, the court may order such number to be summoned as, in its judgment, may be deemed necessary to transact the business of the court. And a grand jury may be summoned to attend every term of the circuit or district court by order of court. The marshal may summon juries and talesmen in case of a deficiency, pursuant to an order of court made during the term; and they shall serve for such time as the court may direct.
(a) 1 vol. 588, pl. 30.
(b) See act 15 June 1860, 12 Stat. 36, which is hereby supplied and repealed.
Terms of the circourts.
cuit and district
4. A special term of any district court may be held at any time that the district judge may order, by giving notice thereof on the front door of the court-house where the court is to be held, and in some respectable newspaper, if there be any at the place.
5. The district judge may adjourn the court from time to time, to suit the convenience of litigants and to meet the necessities of the business; and the intervention of a term of a district or circuit court at another place shall not preclude the power to adjourn over to a future day.
6. The terms of the circuit and district courts shall not be limited to any particular Ibid. 26. number of days, nor shall it be necessary to adjourn by reason of the intervention of a Terms to be term of the court elsewhere; but the business of the courts at two places may proceed, without limitathere being a judge present at each place, or the court intervening may be adjourned over, as herein provided, till the business of the court in session is concluded.
7. A clerk shall be appointed at every place of holding circuit and district courts for the district of Kentucky, in like manner and subject to the same duties and responsi- Clerks. bilities that other clerks are subject to in other independent districts; the deputy-clerks at Covington, Louisville and Paducah shall perform the duties of the offices respectively, till clerks are duly appointed and qualified.
Ibid. 4. Special terms of
the district courts.
Ibid. 25. Adjournments.