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SEC. 2. That, from and after the passage of this act, the town of Shieldsborough, on the bay of St. Louis, in the State of Mississippi, shall be the port of entry for the district of Pearl River, and the collector of said district shall reside at said Shieldsborough; and the present port of entry at Pearlington, in said district, shall cease to be the port of entry: Provided, That Pearling. ton for said district, shall be, and hereby is, constituted a port of delivery. SEC. 3. That the name of the district hereinafter mentioned shall be changed, and bear the following name, that is to say, Mississippi to be called the district of New Orleans.

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CHAP. CV.-An Act making Appropriations for the Civil and Diplomatic Expenses of the Government for the Fiscal Year ending the thirtieth day of June, eighteen hundred and forty-five, and for other Purposes.

SEC. 5. That the Secretary of the Treasury cause to be published in some newspaper of the city of Washington, on the first day of each month, the last preceding weekly statement of the treasurer of the United States, showing the amount to his credit [in the different banks,] in the mint, or other depositories, the amount for which drafts have been given, and those remaining unpaid, and the balance remaining subject to his draft; and that he also specially note any changes that have been made in the depositories of the treasury during the preceding month, and report to Congress, at the commencement of its next session, the reasons for such changes. And that no changes be made except for non-compliance with the instructions of the department or the failure to furnish sufficient security.

SEC. 6. That the Secretary of the Treasury, at the expiration of thirty days from the end of each quarter, cause to be published in some newspaper of the city of Washington a statement of the whole receipts of such quarter, specifying the amount received from customs, from public lands, and from miscellaneous sources, and, also, the whole amount of payments mnade during the said quarter, specifying the general head of appropriation, whether for the civil list, the army, the navy, Indian Department, fortifications, or pensions.

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Stat. at Large, CHAP. XX.- An Act extending the Jurisdiction of the District Courts to certain Cases, Vol. V. p. 726. upon the Lakes and Navigable Waters connecting the Sume.

In matters of contract and

tort, district

courts to have

the same juris

lakes as they have upon the high seas.

Modes of proceeding, &c.

Be it enacted, &c. That the district courts of the United States shall have, possess, and exercise, the same jurisdiction in matters of contract and tort, arising in, upon, or concerning, steamboats and other vessels of diction upon the twenty tons' burden and upwards, enrolled and licensed for the coasting trade, and at the time employed in business of commerce and navigation between ports and places in different States and Territories upon the lakes and navigable waters connecting said lakes, as is now possessed and exercised by the said courts in cases of the like steamboats and other vessels employed in navigation and commerce upon the high seas, or tide waters, within the admiralty and maritime jurisdiction of the United States; and in all suits brought in such courts in all such matters of contract or tort, the remedies, and the forms of process, and the modes of proceeding, shall be the same as are or may be used by such courts in cases of admiralty Decisions, how and maritime jurisdiction; and the maritime law of the United States, so far as the same is or may be applicable thereto, shall constitute the rule of decision in such suits, in the same manner, and to the same extent, and with the same equities, as it now does 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 the 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 laws, where such steamer or other vessel is employed in such business of commerce and navigation.

to be made.

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CHAP. XXII.

No. 263. - FEBRUARY 26, 1845.

Stat. at Large,

An Act explanatory of an Act entitled "An Act making Appropriations for the Civil and Diplomatic Expenses of Government for the Year one thousand eight hun- Vol. V. p. 727. dred and thirty-nine.”

of 2d section act 3d March,

der protest.

1864, ch. 171, §§ 14 and 16.

Be it enacted, &c. That nothing contained in the second section of the Construction act entitled "An act making appropriations for the civil and diplomatic expenses of government for the year one thousand eight hundred and 1839, relative to thirty-nine, approved on the third day of March, one thousand eight hun- duties paid undred and thirty-nine, shall take away, or be construed to take away or impair, the right of any person or persons who have paid or shall hereafter 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 are not authorized or payable in part or in whole by law, to maintain any action at law against such collector, or other person acting as such, to ascertain and try the legality and validity of such demand and payment of duties, and to have a right to a trial by jury, touching the same, according to the due course of law. Nor shall anything 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.

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CHAP. XXXVI. — An Act in Alteration of an Act entitled "An Act to establish a Port of Delivery at the City of Lafayette, in the State of Louisiana."

Be it enacted, &c. That all vessels bound to the city of Lafayette, in the State of Louisiana, may, after proceeding thereto, and making report and entry at the port of New Orleans, within the time limited by law, be permitted to unlade their cargoes at said Lafayette, under the rules and regulations prescribed by law and such further regulations as the Secretary of the Treasury may deem necessary. And so much of the first section of the act entitled "An act to establish a port of delivery at the city of Lafayette, in the State of Louisiana," approved June twelve, one thousand eight hundred and forty-four, as is inconsistent with this act, is hereby repealed.

Stat. at Large,

Vol. V. p. 730.

1844, ch. 46.

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CHAP. XLV.-An Act supplementary to an Act entitled "An Act to fix the Value of Stat. at Large, certain Foreign Moneys of Account in Computations at the Custom-Houses."

Be it enacted, &c. That, in all computations of the value of foreign moneys of account at the custom-houses of the United States, the florin of Austria shall be deemed and taken to be at the value of forty-eight cents; and all former laws inconsistent herewith are hereby repealed.

Vol. V. p. 740.

Value of florin of Austria fixed.

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CHAP. LXVI. — An Act regulating Commercial Intercourse with the Islands of Miquelon and St. Pierre.

Be it enacted, &c. That all French vessels coming directly from the islands of Miquelon and St. Pierre, either in ballast or laden with articles the growth or manufacture of either of said islands, and which are per

Stat. at Large Vol. V. p. 748.

Proviso.

Stat. at Large, Vol. V. p. 750.

Exportation to Chihuahua and Sante Fé, for drawback.

Merchandise

to be in original packages, and invoice certified by the collector.

Reinspection of goods in Arkansas and Missouri.

Goods to be

consul at Santa Fé or Chihuahua.

mitted to be exported therefrom in American vessels, may be admitted into the ports of the United States on payment of no higher duties on tonnage, or on their cargoes aforesaid than are imposed on American vessels, and on like cargoes, imported in American vessels: Provided, That this act shall not take effect until the President of the United States shall have received satisfactory information that similar privileges have been allowed to American vessels and their cargoes at said islands by the government of France, and shall have made proclamation accordingly, and whenever said privileges shall have been revoked or annulled, the President is hereby authorized, by proclamation to suspend the operation of this act.

No. 267.- MARCH 3, 1845.

CHAP. LXX. - An Act allowing Drawback upon Foreign Merchandise exported in the
Original Packages to Chihuahua and Santa Fé, in Mexico; and to the British North
American Provinces adjoining the United States.

Be it enacted, &c. That any imported merchandise which has been entered, and the duties paid or secured according to law, for drawback, may be exported to Chihuahua, in Mexico, or Santa Fé, in New Mexico, either by the route of the Arkansas River, through Van Buren, or by the route of the Red River through Fulton, or by the route of the Missouri River through Independence.

SEC. 2. That all the merchandise so exported shall be in the original packages as imported, a true invoice whereof, signed by the exporter, shall be made, to the satisfaction of the collector, describing accurately each package with its contents and all the marks upon it, exclusive of the name of the exporter, the place of destination, and the route by which it is to be. exported; all which shall be inscribed thereon, upon which invoice the collector shall certify that he is fully convinced the same is true, that the goods are in the original packages as imported, that they are duly entered for drawback, and to be exported by the owner, (naming him,) to either of the places aforesaid, (naming it,) and by one of the aforesaid routes, (naming it.)

SEC. 3. That upon the arrival of such goods at either of the places in Arkansas or Missouri' above named, they shall be again inspected and compared with the invoice and certificate aforesaid, by an officer of the United States, who shall, if fully convinced that the several packages are identical, having remained unbroken and unchanged, also certify on said invoice the facts, in such form as the Secretary of the Treasury shall prescribe.

SEC. 4. That upon the arrival of any such goods at Santa Fé or Chiinspected and in- huahua, they, with the invoice and certificates aforesaid, shall be subvoice certified by mitted to the inspection of the consul of the United States, or such agent as the President may appoint for that purpose; who, if fully convinced thereof, shall, in such form as the Secretary of the Treasury shall prescribe, certify upon said invoice that the goods have arrived there in the original packages as imported, without change or alteration, and have been exported from the United States in good faith, to be disposed of and consumed in a foreign country.

Exporter to. give bond for duties.

Drawback, when payable. Secretary of the Treasury to appoint inspec

tors, their salary and duty.

SEC. 5. That if the exporter shall give bond, with satisfactory sureties, in thrice the amount of duties, that the said merchandise by him exported has been delivered at either of the places aforesaid without the United States, in good faith, to be sold and consumed there, and shall also produce said invoice, with the regular certificates thereon, the collector shall thereupon pay to him the usual drawback allowed by law.

SEC. 6. That the Secretary of the Treasury shall appoint inspectors to reside at each of the following places, to wit: Van Buren, Fulton, and Independence, above named, or such other place in Missouri as the Secre

tary of the Treasury shall designate; who shall each have a salary of two hundred and fifty dollars, and make a full report of all the trade that passes under their inspection, to the Secretary of the Treasury, semi-annually, giving an account of the number of packages, the kind of goods, the value, and the names of the exporters.

Exportation to

American prov

Ports from

SEC. 7. That any imported merchandise which has been entered, and the duties paid or secured according to law, for drawback, may be export- the British North ed to the British North American provinces adjoining the United States; inces, for drawand the ports of Plattsburg, in the district of Champlain; Burlington, in back. the district of Vermont; Sackett's Harbor, Oswego, and Ogdenburgh, in which goods may the district of Oswegatchie; Rochester, in the district of Genesee; be exported. Buffalo and Erie, in the district of Presqu'isle; Cleveland, in the district 1850, ch. 79, § 16. of Cuyahoga; Sandusky and Detroit, together with such ports on the seaboard from which merchandise may now be exported, for the benefit of drawback, are hereby declared ports from which foreign goods, wares, and merchandise, on which the imports duty has been paid, or secured to be paid, may be exported to ports in the adjoining British provinces and to which ports foreign goods, wares, and merchandise may be transported inland, or by water from the port of original importation, under existing provisions of law, to be thence exported for benefit of drawback; Provided, Proviso. That such other ports situated on the frontiers of the United States, adjoining the British North American provinces, as may hereafter be found expedient, may have extended to them the like privileges, on the recommendation of the Secretary of the Treasury, and proclamation duly made by the President of the United States, specially designating the ports to which the aforesaid privileges are to be extended.

Laws now in force in relation

Additional

cure drawback.

SEC. 8. That all laws now in force in relation to the allowance of drawback of duties upon goods imported into the United States and ex- to drawback apported therefrom, and in relation to the conditions and evidence on which plicable to the such drawback is to be paid, shall be applicable to the drawback allowed present act. by this act. And, in addition to existing provisions on the subject, to entitle exporters of goods to the drawback allowed by this act, they shall provisions to seproduce to the collector of the port from which such goods, wares and merchandise were exported, the certificate, under seal of the collector or other chief revenue officer of the port to which the said goods, wares, and merchandise were exported in the said adjoining provinces; which certificate shall be indorsed upon a duplicate or certified copy of the manifest granted at the time of such exportation, and shall state that the same identical goods contained in the said manifest had been landed at such foreign port, and duly entered at the custom-house there, and that the duties imposed by the laws in force at such port upon the said goods had been paid, or secured to be paid, in full; and the said exporters shall also produce the affidavit of the master of the vessel in which the said goods were exported, that the same identical goods specified in the manifest granted at the time of such exportation had been carried to the port named in the clearance or manifest, and had been landed and entered at the custom-house, and that the duties imposed thereon at the said foreign port had been paid, or secured to be paid; and that the goods referred to in the certificate of the collector or chief revenue officer of such foreign port herein mentioned, were the same identical goods described in the manifest aforesaid, and in the said affidavit.

SEC. 9. That no goods wares or merchandise, exported according to Goods exported under this the provisions of this act shall be voluntarily landed or brought into act forfeited on the United States; and on being so landed or brought into the being brought United States, they shall be forfeited; and the same proceeding shall be into the U. S. had for their condemnation, and the distribution of the proceeds of their Penalty to sales, as in other cases of forfeiture of goods illegally imported. And persons conevery person concerned in the voluntary landing or bringing such goods into the United States shall be liable to a penalty of four hundred dollars.

cerned.

24 per cent. on duties to be reserved by collectors for U. S.

Secretary of

SEC. 10. That from the amount of duties upon any goods, wares, and merchandise imported into the United States, and which shall be exported according to the provisions of this act, there shall be deducted two and a half per centum of such amount, which shall be retained by the respective collectors for the use of the United States, and the residue only shall be the drawback to be paid to the exporters of such goods wares and merchandise. SEC. 11. That the Secretary of the Treasury is hereby further authorized to prescribe such rules and regulations, not inconsistent with the laws of the United States, as he may deem necessary to carry into effect the provisions of this act and to prevent the illegal reimportation of any goods, wares, or merchandise which shall have been exported as Acts repealed. herein provided; and that all acts or parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed.

the Treasury to prescribe rules for carrying this

act into effect.

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Vol. V. p. 795.
No revenue

Be it enacted, &c. That no revenue cutter or revenue steamer shall cutter or steamer hereafter be built (excepting such as are now in the course of building and equipment) nor purchased, unless an appropriation be first made, by law, therefor.

to be built, nor purchased, without an appropriation therefor.

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Stat. at Large, [No. 15.] A Resolution authorizing the Employment of additional Inspectors of the Customs, Vol. V. p. 801. at the Port of New Orleans.

Collector may employ not exceeding ten.

Resolved, &c. That it shall be lawful for the collector of the customs for the district of New Orleans, with the approbation of the Secretary of the Treasury, to employ, from time to time, if the public service requires it, at the port of New Orleans, persons as occasional inspectors of the customs, not exceeding ten in number, in addition to the inspectors now authorized by law, who shall be subject to the same rules and regulations as are now prescribed by law for occasional inspectors.

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Stat. at Large, CHAP. II.- An Act to establish a Collection District in the State of Texas, and for Vol. IX. p. 2. other Purposes.*

Texas made

one collection

district and Gal

Be it enacted, &c. That the State of Texas shall be one collection district and the city of Galveston the only port of entry, to which shall veston the port be annexed Sabine, Velasco, Matagorda, Cavallo, La Vaca, and Corpus Christi, as ports of delivery only.

of entry.

Ports of deliv

ery.

A collector to be appointed.

Salary of collector.

Surveyors to

be appointed for

of delivery.

SEC. 2. That a collector for the district of Texas aforesaid shall be appointed by the President, with the advice and consent of the Senate of the United States, who shall hold his office upon the terms and for the time prescribed by law for the like offices in other districts. The said collector shall reside at the city of Galveston, and he shall be entitled to a salary not exceeding two thousand dollars, including in that sum the fees allowed by law; and the amount he shall collect in any one year for fees exceeding the said sum of two thousand dollars, shall be accounted for and paid into the treasury of the United States.

SEC. 3. That a surveyor for each of the aforesaid ports of delivery, each of the ports to wit, Sabine, Velasco, Matagorda, Cavallo, La Vaca, and Corpus Christi, shall be appointed by the President, with the consent of the Senate of the United States who shall hold their offices respectively upon the terms and for Their salaries the time prescribed by law for the like offices in other districts. The said surveyors shall be entitled each to a salary not exceeding one thousand dollars, including in that sum the fees allowed by law; and the amount collected *See acts of March 3, 1847, ch. 57; March 3, 1849, ch. 122; September 28, 1850, ch. 79, § 15; June 11, 1860, ch. 134; June 16, 1860, ch. 142, and July 28, 1866, ch. 293.

and fees.

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