No. 173. - MAY 29, 1830. Stat. at Large, CHAP. CLIII. — An Act to provide for the Appointment of a Solicitor of the Treasury. Vol. IV. p. 414. Solicitor of treasury. Powers and duties. Charge of lands, &c. Release of lands, &c. Papers of treasury agent to be transferred. Returns and reports. Be it enacted, &c. That there be appointed, by the President of the United States, by and with the advice and consent of the Senate, some suitable person, learned in the law, to be solicitor of the treasury; and that all and singular the powers and duties which are by law vested in, and required from, the agent of the treasury of the United States, shall be transferred to, vested in, and required from, the said solicitor of the treasury; and the said solicitor of the treasury shall also perform and discharge so much of the duties heretofore belonging to the office of commissioner, or acting commissioner of the revenue, as relates to the superintendence of the collection of outstanding direct and internal duties. And the said solicitor shall have charge of all lands and other property which have been or shall be assigned, set off, or conveyed to the United States, in payment of debts, and of all trusts created for the use of the United States, in payment of debts due them; and to sell and dispose of lands assigned, or set off to the United States, in payment of debts, or being vested in them by mortgage, or other security for the payment of debts; and in cases where real estate hath already become the property of the United States by conveyance, extent, or otherwise, in payment of a debt, and such debt hath been fully paid, in money, and the same hath been received by the United States, it shall and may be lawful for the solicitor of the treasury to release by deed, or otherwise convey the same real estate to the debtor from whom it was taken, if he shall be living, or if such debtor be dead, to his heirs or devisees, or such person as they shall appoint. SEC. 2. That the Secretary of the Treasury shall cause to be transferred to the solicitor of the treasury, all books, papers, and records, belonging or appertaining to the office of agent of the treasury, or belonging Direct taxes, and appertaining to the superintendence of the collection of outstanding &c. direct taxes and internal duties; and the comptroller of the treasury, and all other officers, who have heretofore been required to cause accounts to be stated and certified, or to make out or forward lists, returns, reports, or statements, to the agent of the treasury, are hereby required to cause such accounts to be stated and certified, and such lists, returns, reports, and statements, to be made and forwarded to the solicitor of the treasury; and all lists, returns, reports, and statements, respecting outstanding direct taxes, and internal duties, heretofore required to be made to the commissioner or acting commissioner of the revenue, shall hereafter be made to the said solicitor of the treasury. Statements by collectors of bonds delivered for suit. Statements by district attor neys, of suits pending and de cided. Comparison of statements, and of reports thereon. SEC. 3. That whenever any bond for duties shall be delivered to a district attorney for suit, the collector so delivering the same shall immediatety give information thereof to the solicitor of the treasury, with a full and exact description of the date of such bond, the amount due thereon, and the names of all the obligors thereto; and the solicitor of the treasury shall thereupon make such entry thereof as that the said attorney may duly appear chargeable therewith, until the amount thereof shall have been paid to the United States, or he shall have obtained judgment thereon, and delivered execution to the marshal, or shall otherwise have been duly discharged therefrom: and the several district attorneys of the United States shall, immediately after the end of every term of the circuit and district courts of the United States, in their respective districts, forward to the solicitor of the treasury a full and particular statement, as well of all cases in which the United States are party, which are pending in said courts, as of those which may have been decided during such term, accompanied by a certificate of the clerk of such court; and it shall be the duty of the solicitor of the treasury to make constant and strict comparisons and examinations of the said returns of the district attorneys, and of the reports made by the collectors of bonds delivered to the attorneys for suit; and if it shall appear that any collector shall make return of any bond as in suit, or delivered for suit, which is not, at the time, in suit, or delivered for suit, or shall return any bond as in suit, for the whole amount thereof, when part thereof has been paid to him, or as in suit for more than is actually due thereon, the solicitor of the treasury shall, immediately upon discovery thereof, communicate the same to the President of the United States; and it shall further be the duty of each collector to accompany his return for the last quarter of every year with a particular ac- bonds in suit. count of bonds in suit, stating the amount actually unpaid on each; and to the truth of such account he shall certify on oath. SEC. 4. That when any suit or action for the recovery of any fine, pen Collector to send accounts of Statements of alty, or forfeiture, shall be instituted or commenced, a statement of such suits for fines, suit or action shall be immediately transmitted to the solicitor of the seizure, &c. treasury, by the attorney instituting the same; and whenever any seizure shall be made for the purpose of enforcing any forfeiture, the collector or other person causing such seizure to be made, shall, in like manner, immediately give information thereof to the solicitor of the treasury. SEC. 5. That the said solicitor shall have power to instruct the district attorneys, marshals, and clerks of the circuit and district courts of the United States, in all matters and proceedings, appertaining to suits in which the United States is a party, or interested, and cause them or either of them, to report to him from time to time, any information he may require in relation to the same. Instructions of attorneys, marshals, and clerks. Report of mon SEC. 6. That all moneys recovered or collected by the solicitor of the treasury, or under his direction, shall be reported by him to the officer eys recovered. from whom the bond or other evidence of debt was received, and proper credit be given therefor; and he shall report in like manner all credits allowed by due course of law, on any suits under his direction. SEC. 7. That it shall be the duty of the solicitor of the treasury, with Rules for the the approbation of the Secretary of the Treasury, to establish such rules government of collectors, &c. and regulations, not inconsistent with law, for the observance of collectors, district attorneys, and marshals respecting suits in which the United States are parties, as may be deemed necessary for the just responsibility of those officers, and the prompt collection of all revenues and debts due and accruing to the United States. Accounts of suits. Abstract of SEC. 8. That it shall be the duty of the solicitor of the treasury to obtain from the several district attorneys of the United States, full and accurate accounts of all causes and actions pending in the courts of the United States, in which the United States shall be plaintiffs, on the fourth day of July next; and shall cause an intelligible abstract thereof, showing the names of the parties in each suit, the cause of action, the time of the same. its commencement, and such other matters as may be necessary to full information respecting the same, to be prepared and laid before Congress at the commencement of the next session. Clerk to be SEC. 9. That the Secretary of the Treasury be, and he hereby is, authorized to transfer one of the clerks now employed in the office of the transferred. fifth auditor, to the office of solicitor of the treasury; and the said clerk shall continue to receive the same salary as at present. &c. Salary of so SEC. 10. That it shall be the duty of the Attorney-General of the Attorney-GenUnited States, at the request of said solicitor, to advise with and direct eral to advise, the said solicitor as to the manner of conducting the suits, proceedings, and prosecutions aforesaid; and the Attorney-General shall receive, in ad- Additional saldition to his present salary, the sum of five hundred dollars per annum. ary, 500 dolls. SEC. 11. That the solicitor of the treasury shall receive an annual licitor, $3500. salary of three thousand five hundred dollars, and be authorized to em- See 1853, ch. ploy, with the approbation of the Secretary of the Treasury, [one clerk, 97, § 3. who shall receive a salary of eleven hundred and fifty dollars per annum ;] and one 52, and 1863, ch. messenger, with a salary of five hundred dollars per annum. All letters 76, § 2. to and from the solicitor of the treasury, relating to the duties and business of his office, shall be transmitted by mail free of postage. Also 1854, ch. Messenger, 500 dollars. Postage free. Stat. at Large, CHAP. CCVII. Vol. IV. p. 419. President of United States on the adoption reciprocal terms. An Act to amend the Acts regulating the Commercial Intercourse between the United States and certain Colonies of Great Britain. Be it enacted, &c. That whenever the President of the United States shall receive satisfactory evidence that the government of Great Britain of certain meas- will open the ports in its colonial possessions in the West Indies, on the ures by the Brit- continent of South America, the Bahama Islands, the Caicos, and the ish government, authorized to Bermuda or Somer Islands, to the vessels of the United States, for an inopen ports of definite or for a limited term; that the vessels of the United States and United States on their cargoes, on entering the colonial ports aforesaid, shall not be subject to other or higher duties of tonnage or impost, or charges of any other description, than would be imposed on British vessels or their cargoes, arriving in said colonial possessions from the United States; that the vessels of the United States may import into the said colonial possessions from the United States any article or articles which could be imported in a British vessel into the said possessions from the United States; and that the vessels of the United States may export from the British colonies afore mentioned, to any country whatever, other than the dominions or possessions of Great Britain, any article or articles that can be exported therefrom in a British vessel, to any country other than the British dominions or possessions as aforesaid; leaving the commercial intercourse of the United States, with all other parts of the British dominions or possessions, on a footing not less favorable to the United States, than it now is, and that then, and in such case, the President of the United States shall be, and he is hereby authorized at any time before the next session of Congress, to issue his proclamation, declaring that he has received such evidence; and, thereupon, from the date of such proclamation, the ports of the United States shall be opened, indefinitely or for a term fixed, as the case may be, to British vessels coming from the said British colonial possessions, and their cargoes, subject to no other or higher duty of tonnage or impost, or charge of any description whatever, than would be levied on the vessels of the United States, or their cargoes, arriving from the said British possessions; and it shall be lawful for the said British vessels to import into the United States, and to export therefrom, any article or articles which may be imported or exported in vessels of the United States: and Act of April the act, entitled "An act concerning navigation," passed on the eighteenth 18, 1818, ch. 70. day of April, one thousand eight hundred and eighteen; an act suppleAct of May 15, mentary thereto, passed the fifteenth day of May, one thousand eight hundred and twenty; and an act, entitled "An act to regulate the commercial intercourse between the United States, and certain British ports," passed on the first day of March, one thousand eight hundred and twenty-three, are, in such case, hereby declared to be suspended, or absolutely repealed, as the case may require. 1820, ch. 122. Act of March 1, 1823, ch. 22. SEC. 2. That, whenever the ports of the United States shall have been opened, under the authority given in the first section of this act, British vessels and their cargoes shall be admitted to an entry in the ports of the United States from the islands, provinces, or colonies, of Great Britain, on or near the North American continent, and north or east of the United States. Stat. at Large, CHAP. CCXIX. Vol. IV. p. 425. Tonnage du An Act to repeal the Tonnage Duties upon Ships and Vessels of the United States, and upon certain Foreign Vessels.* Be it enacted, &c. [That, from and after the first day of April next, no ties abolished as duties upon the tonnage of the ships and vessels of the United States, of. This act was virtually repealed by the acts cited in the margin, but is inserted for convenient reference, on account of the changes it made in the previous laws relating to tonnage duties. which the officers and two thirds of the crew shall be citizens of the to American vessels: United States, shall be levied or collected; and all acts and parts of acts 1862, ch. 163, imposing duties upon the tonnage of ships and vessels of the United States officered and manned as aforesaid, so far as the same relate to the imposition of such duties, shall, from and after said first day of April next, be repealed. § 15. And as to for certain condi SEC. 2. That, from and after the said first day of April next, all acts and parts of acts imposing duties upon the tonnage of the ships and ves- eign vessels on sels of any foreign nation, so far as the same relate to the imposition of tions. such duties, shall be repealed: Provided, That the President of the United States shall be satisfied that the discriminating or countervailing duties of such foreign nation, so far as they operate to the disadvantage of the United States, have been abolished.] CHAP. XX. An Act to repeal the Charges imposed on Passports and Clearances. Be it enacted, &c. That, so much of the act of the first of June, one thousand seven hundred and ninety-six, entitled "An act providing passports for the ships and vessels of the United States," as imposes a charge of ten dollars for passports, and of four dollars for a clearance, to any ship or vessel bound on a voyage to any foreign country, be, and the saine is hereby repealed, to take effect from and after the thirty-first day of March of the present year. CHAP. XXIV. — An Act to authorize the Transportation of Merchandise by Land or by Stat. at Large, Vol. IV. p. 441. Act of June 1, 1796, ch. 45. Stat. at Large, Vol. IV. p. 442. The benefit of drawback extended to mer sides the first. Proviso. Be it enacted, &c. That from and after the passage of this act, all goods, wares, or merchandise imported into the United States, the duties on which have been paid, or secured to be paid, may be transported by land, chandise which or partly by land, and partly by water, from the district into which they has passed into were imported to two other districts, and exported from either of them two districts bewith the benefit of drawback: Provided, That all regulations and formalities now in force, relating to the transportation of goods, wares, or merchandise, by land or by water, from the district into which they were imported to another district, for the benefit of drawback, and such other regulations as are prescribed under and by virtue of the act to which this is an addition, for the further transportation of such goods, wares, or merchandise, to other districts, shall be complied with: And provided also, That all the regulations and formalities now in force, respecting the exportation of goods, wares, and merchandise, for the benefit of drawback, shall be complied with, so far as may be consistent with other provisions of the act to which this is in addition; and the Secretary of the Treasury shall be, and he is hereby, authorized to prescribe the form of the certificate to be used, and the oaths to be taken, on the transportation of such goods, wares, or merchandise, from the second district into which they may be so brought, to the third district. Proviso. CHAP. LXXVI. — An Act to establish Ports of Delivery at Port Pontchartrain and Stat. at Large, Vol. IV. p. 475. Port Pontchar Be it enacted, &c. That there be, and hereby is established at port Pontchartrain, on Lake Pontchartrain, a port of delivery; that a surveyor train. shall be appointed to reside at said port: that all ships and vessels bound to said port shall, after proceeding thereto, and making report and entry Delaware city. St. John's. Prospect. Kennebunk and Middletown. at the port of New Orleans, within the time limited by law, be permitted to unlade their cargoes at the said port under the rules and regulations prescribed by law. SEC. 2. That all vessels about to depart from the said port for foreign ports and places shall be permitted to clear out with their cargoes at the custom-house in the city of New Orleans, and depart under the same rules, regulations and restrictions, and in every respect in the same manner, as vessels clearing out and departing for foreign ports and places from the said city of New Orleans by the way of the Mississippi river; and goods imported into the United States and exported from said port, shall be entitled to the benefit of a drawback of the duties upon exportation to any foreign port or place, under the same provisions, regulations, restrictions and limitations, as if the said goods, wares, and merchandise had been exported directly from New Orleans by way of the Mississippi river. SEC. 3. That Delaware city, in the district of Delaware, shall be a port of delivery; and a surveyor shall be appointed, who shall reside at said city. SEC. 4. That a collection district be, and is hereby established in the Territory of Florida, which shall include all the ports, harbors, shores and waters of the main land in Florida, and of the islands opposite and nearest thereto, from Saint Mary's to the south side of Saint John's, to be called the Saint John's district, and a port of entry shall be established at such point on the Saint John's river, as the President may direct, and a collector shall be appointed, who shall give the same bond, perform the same duties, and be entitled to the same compensation and fees, as the collectors, in other districts, in Florida. SEC. 5. That Prospect, in the district of Belfast, in the State of Maine, shall be a port of delivery. SEC. 6. That the ports of Kennebunk, in the State of Maine, and Middletown, in the State of Connecticut, be, and they are hereby made ports of entry for vessels arriving from the Cape of Good Hope, and from places beyond the same. Stat. at Large, Vol. IV. p. 480. Proceedings at the several places. CHAP. LXXXVII. - An Act allowing the Duties on Foreign Merchandise imported into Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, Nashville, and Natchez, to be secured and paid at those Places. Be it enacted, &c. That when any goods, wares, or merchandise, are to be imported from any foreign country, into Pittsburg, in the State of PennSee 1850, ch. sylvania, Wheeling, in the State of Virginia, Cincinnati, in the State of 79, § 19. Ohio, Louisville in the State of Kentucky, St. Louis, in the State of Missouri, Nashville in the State of Tennessee, or into Natchez, in the State of Mississippi; the importer thereof shall deposit in the custody of the surveyor of the place a schedule of the goods so intended to be imported, with an estimate of their cost at the place of exportation, whereupon the said surveyor shall make an estimate of the amount of duties accruing on the same, and the importer or consignee shall give bond, with sufficient sureties, to be approved by the surveyor, in double the amount of the duties so estimated, conditioned for the payment of the duties on such merchandise, ascertained as hereinafter directed; and the surveyor shall forthwith notify the collector at New Orleans of the same, by forwarding to him a copy of said bond and schedule. Proceedings at New Orleans. SEC. 2. That the importer, or his agent, is hereby authorized to enter any merchandise, imported, as aforesaid, by the way of New Orleans, at that port, in the manner now prescribed by law; and the collector shall grant a permit for the landing thereof, and cause the duties to be ascertained as in other cases, the said goods remaining in the custody of the collector until reshipped for the place of destination; and the collector shall |