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same to be true; which petition, affidavil, od ceruficale, sia il bri reseniec fro be said Circuit Couit, if in session, a'd is nol, to the cle k thereof, at his ettice, and shall be filed in said office, and he cause shal: thereupon be enSie ed on the dockei of said Couri, and shall be thereafter proceeded in as a
c. use originally communced in that Court; and it shall be the duiy of the clerk of said Couit, if the suit were commenced in the Court be low by summons, to issue a wrii of certiorari to the State Court, requiring said Court to send is the said Circuit Court the record and proceed ng: in said cause ; or if it were comme ced by.cajas, be si:all issue a writ of habeas corp: 18 cum causa, a duplicare of whichi said writ shall be delivered to the clerk of te State Court, or left ai liis ofíce by the marshal of the district, or his depuiy, or some person duly authorized thereto; and, thereupon it shall be the duty of the said S ate Court to stay ail furiher proceedings in such cause, and the
said -uit, or prosecution, upoii delivery of such process, or leaving ihe same as aforesaid, shall be de med and i ken to be moved to the said Circuit Court, and any further proceedigs, trial or judgment therein in the Sale Couri shal be wholly null and void. And if the delendam in any such ruit be in actual costouy on mesne process therein, it shall be tlie duty of the mar hal, by virtue of the writ of' habeas corpus cum caus', to take ide body for the defendant into his custody, to be dea i with in the said cause according to the rules of law and the order of the Circuit Court, or of any judge there. foi, in vacation. And all atiach nenis made and all bad and o her security given upon such suit, or prosecution, shall be and continue in like force and efferit, as if he same suit or prosecution, had proceeded to final judgment and execution in the Staie Couri. And if, upon ihe removal of any such sui, or prosecution, it shall be made to appear to the said Circuit Couri that no copy of the record nd proceedings therer, in the State Couri, ca. be obe
tained, it shall be lawful for said Circuit Court !o allow and require the Plaintiff to proceed de novo, and to file a declaration of bis cause of action, and the parties may tieren; on pirisceed as in a:tions originally brought in said Circuit Court; and on failure of so proceeding, judgment of nown pros. may be rendered against the plain ist with costs for the defendant.
Sec 4 And be it further enacted, That in any case in which any party is or may be by law, entiiled to copi: s' of the record and proceedings in any suit or prosecutiou in any State Court, to b» us-d in any court of the United States, il the clerk of said State Court, shail, upon deniand, and the payment or tender of the legal f-es, refuse or neglect to deliver to such party certified copies of suel record and proceeding, the Court of the United States in whics such record and proceedings may be needed, on proof, by atfidavit, that the cleik of such Sinte Couri has refused or neglected to deliver copies thereof, on denian as afire:said, may direct and allow such record to be supe plieu by affidavit, o. oiherwise, as lise circumstance of the case may require and allow; and, ihesrupon, such proceeding, trial, and judgmeni, may be bad in the said Court of the United Siates, and all such processes awardel, as if ceriified copies of such records and procerdings had been regularly before sth. said couri.
Sec. 5. And be it further enacted, That whenever the President of the United States shali be officially informed, by the authorities of any Stale, or y a judge of any Circuit or District Court of the l'nited States, in the State, that, within the limits of such Stare, any law or laws of the United States, or the execution thereof, or of a..y process from the Courts of the United States is obstructed by the emisymeilt of military force, or by any other un. lawful means, too great to be overcome by the ordinary course of judiciai proceeding, or by the powers rested in the marshal by existing laws, ir hali be lawful for sim, the President of ine United States, forth with 10 i-sue his proclama!iod, de laring such fact or information, and requiring all such mi'i. tary and other force fórsh with to disperse ; and if at any time after issuing ouch proclamation, any such opposition or obstruction shall be made, in the manner or by the vidaus aforesaid, the Presiden: shall be, anu hereby is, au
tironized, prompiuy tu en p'wy stataus to suppiest the same, and to caust
the said laun or prures: to be doiy exercted, as are authorized and provide in the cases there in meritised by the act of the tnenty-eighth of Februais, one thousand seveo hundieri ad nuneiy-five, entitled "An act 10 provide to calling forth ihe militia to exe: ute the law of the Union, suppress insur frections, repei invasiou , ad o repeal he actiow n torie for that purpose;' and also, by the act of the thi d of Marc., one thousand eight hund i en and seven, entitled " An act astorizing ihe employment of the land and nava. furces of the Unit: d States in cases of insurrection"
Sec 6 And be it further enucted, Tha in any State where the jails are not alloised to be use for the mprisonment of persons arrrsted or cogini te:' under the laws of the United States, or where houses are not allowed to die so used, it sh - and may be lawful for any marshai, un'er the direction of the judge of the United Ståle for the proper district, to use other convenien pinces, within the limiis of said State, and to make such other provision as he may deem expedient and necessary for that purpose.
SEC 7 And be it further enacted, That either of the justices of ihe Sun preme Court, or a judze of any District Court of the Unlied States, in ad. dition to the authority a ready conterred by law, shall bave power lo grani writs of habeas corpus in all cases of a prisoner or prisovers, in jail or con. finement, where he or they shall be con mi led or confined on, or by any au. fihority or law,
for any act done, or omitted to be dune, in pursuance or å law of the United States, or any order, process, or decree, or any judge or coury fthereof, any thing in any act of Coogress to the contrary notwithstanding. and is any person or persons to whoni such writ of habeas corpus may be directed, shall refuse 10 obey the same, or shall neglect or refuse to niake return, or shall make a false return there to. in addition to ibe reniedies already given by law, he or they shall be deened and taken to be guilty of a mis. demeanor, aod shall, on conviction before iny couri of competent jurisdiction, be punished by fine, not exceeding one thousand dollars, and by iono prisonment, not exceeding six months or by either, according to the nature and aggravation of the case.
SEC 8. And be it further enacted, That the several provisions contained in the first and fifth sections of this act, shall be in force uulihe end of the fuext session of Congress, and no longer. (Approved, March 2, 1833.]
(Circular 10 Collectors, Varal Officers, and Surreyors ]
Treasury Department, Comptroller's Office, Dec, 26th, 1835. Sir :-As some diversity of practice may obtain in relation to the manner of deducting the one tenth part of the excess of duties in all those cases in wnich the duties on goods inported from and after the thirty-first of the cur. rest mouth shall exceed twenty per centuai on the value thereof, and as to ühe manner of ascertaining whether the specific rates of duty imposed by the existing laws exceed, or fall short of, twenty per centum on the value thereot, it is deemed proper, in reference to the act of 20 March, 1833, entitled *** An act to mouily, the act of 14th July, 1832, and all other acts inpusiug uuties on imports," to communicate the following views upon these several points:
Supposing the dutiable value of goods, now liable to an 'ad valore a dury of 25 per cent., to be $500 00, the duty thereon, at that rate, would be $125 00 But the duty thereon at the rate of 20 per centum, would only be 100 00
Excess, One tenth partof such excess is 82 50, which being deducted from $125 00 leaves the sun of $122 50 as the amount of duty to be paid in the case.
Or Thus: Deduci one senth part of the excess of 5 per cent., suy one hall per ceut., from 25 per cent, and there remains 24 per cent., which rate on $300, produces $122 50, as in the preceding example;
In relauon to the specific rales, it will be supposed that an importation of four hundred pouds of sugar be made, ine duy on which, at the existing rare of 2 cents per pound, would be
$ 10 00 The mvoice and correct value of the sugar will be supposed to be $6 00 per one hundred pounds, making the value of the four hundred pounds to be
$24 00 To which aud dutiable charges,
$ 26 00
The duty on $26 00 at twenty per cent., would be
$ 5 20 Excess of the specific over the ad valorem duly,
$ 4 80 One tenth part of the excess is forty-eight cents, which being devucted from $10.00, the amonnt of duty at the specific rate, leaves $9 52 as the amoun of duty to be paid in the case.
With a view to facilitate the transactions at the custom-houses the form or an entry to be made by an imorter of goods is subjuined hereto, and forms of the following returns will be vansnitted as early as it will be practicable to prepare them :
1 Form of the quarter-yearly abstracts, to be rendered by the Collectors, of goods paying ad valorem duties.
2. Similar abstract of goods now liable to specific rates of duty. 3. form of a bond account.
From the item of forty bales of blue cottons, in the form of the importer's entry, it will be perceived that, in conformity with the decision of Mr. Secretary McLane, in his circular to the officers of the customs, under date of the 201h April last, the calculation is madı: on the actual or l'eat foreign cost ur value, instead of the assumrd value, under the ininimum principle.
In acordance with the usual practice of this office, I avail myself of the occasion also lo conmunicate the decisions which have been made since the last circular, in relation to the following questions :
The act of the 14th July, 1832, in imposing duties on blankets, not defining the particular sizes, has given rise to sunie difficulty in their classification ;those the cost of which does not exceed seventy-five cente eacht, berrig entitied to an entry at an ad valorem duty of 5 per cent., whilst those costing more ihan seventy-five cents each, are made liable to an ad valorem duiy ol 12, per cent.
Under these circumstances it has been deemed the more advisable course, instead of prescribing by a Treasury regulation wiat size an article shall bor
to constituie it a blanket within the meaning and intention of the law, to leave that point to be determined by mercantile usage and customi, ker ping in view that the gcods must be of such sizes as will render them suitable for the common and general purposes for which blankets are used.
Io relai.on to bonds given on the exporiation of goods for the benefit of drawback, it is deemed proper to direct that, in future they be noi cancelled until after the expiration of the time allowed by the 81st section of the Cold llection law, os 210 March, 1799, for the produciion of the prescribed proofs of landing abroail, although such proofs my be produced before the expiration of such time
In relation to the following articles, it has been decided,
1. That bootakins oi bootees, having what is calied a hosiery top attached to a leather sole, are now liable to $1 50 per pair. 2. That bags made of linen are now liable to an ad valorem duty of 25 per
" manufactures of hemp or flax." 3. That gunny o grass bags are free of duty.
4. Thar cast iron stays or studs, (so called,) lised in making chain cables, are now liable to 3 cents per pound, as parts of iron cables, manufactured in whole or in part.
5. That liks, manufactured in whole or in part, suitable for chain cables, are also now liable to 3 cenis per pound.
6. That chain or warp, made of tow, for manufacturing carpets or carpe.. Jing, is now liable to 25 per cent ad valorem,
7, That floss silk, or tram, is entitled to an entry at an ad valorem duty or 5 per cent.
8. That cam lets, composed entireiy of goat or camel's hair, are free of duty. 9. That haliers, for horses, made of sizal grass, are free of duty
10. That round iron, for axles for cars on rail roads and locomotive ei. gines, are not entitled to the benefit of the act of 14th July, 1832, in relation lo iron for rail roads or inclined planes.
11. That all those linens which are specified in the 3rd paragraph of the circular of the 121h of August last, imported after the 31st of the current month, will be entitled to an exemption from duty.
12. That marrow is free of duty.
13 That men's hats, made of silk plush, are now liable to an ad valorem du y of 30 per cent.
14 Thai anticorrosive lithic paint being a compound of lead and carbonate of lime or stone, is liable to 15 per cent. as a "manufacture of lead, not other. wise specified, or of which lead is a component material.".
15. That shawls of worsted, embroidered with silk thread, having been deci. ded to be now entitled to an entry at an ad valorem duty of 10 per centa, will be free after the 31st of the current month.
16 That stei eotype plates are now liable to an ad valorem duty of 25 p cent.
17. That stretchers, for umbrellas, completely manufactured are now liable to an ad valorem duty of 25 per centum
18. That tips and tops, of bone, for canes and umbrellas, are free of duty.
19. That an article called tinsel stuff, is now liable to an ad valorem dury of 25 per cent
20. That worsted stuff goods, being embroidered with worsted yarn, does not affrci their classification.
21. That webbing, composed of cotton and gum elastic, is now liable to 25 per Icent.
22. That an article called "pyrolignite of lead," composed of acetic acid, fle id, and empyrumatic oil, being, in fact, an impure sugar of lead, is hable fro the duty imposed on sugar of lead.
(Circular.) Treasury Department, Comptroller's Office, Jan. 15, 1834. SIR :-In giving the instructions in the circular of the 26th ultimo, in rela tion to the item of 40 hales of blue cotton cloihs, I was under the impression that, according to the views expressed by the Secretary of the Treasury, in his circular of 2012 April, 1833, the recuetion of duties provided for by the act of 2d March, 1833, was to be ascertained by calculating the duty of 25 per cent. imposed by the act of 14th July, 1832, on the actual or real value of this description of goods, instead of the minimum, or assumed, or artificia' value of 35 cents per square yard, when costing less than ihat sum
The Secretary of the Treasury has, however, decided, that such was not the intention of the circular of "ibe 2016 April, 1833, and has direried thal the duty of 23 per cent. imposed by the act of the 14th July, 1832, is to be calculated on the minimum principle, or assiimed value of such goods; and that be duty of 20 per cent. under the act of 20 March, 1833, is io, be estimated on the real or actual foreign cost or value of such goods-he difference beween the two amounts thus produced constituting the excess upon which thru one-tenth is to be deducted.
You will, accordingly, be pleased to make the alterations, and additions, in relation 10 the item of 40 bales of blue cotton cloths in the form of the im. porter's entry, subjoining to the circular from this office of the 26th uliino, in the nuanner specified in the accompanying statement
Respectfully, JOSEPH ANDERSON, Comptroller
Table of Fees of ufficers of the Customs. Under the act of 31st December, 1792, for Registering and Recording vessels 1. For the admeasurement of every ship or vessel, of an hundred tons and under,
cent per ton. 2. For the admeasurement of every ship or vessel, above 100 and not exc'eeding 200 tons,
$1 50 3. For the admeasurement of every ship or vessel above 200 tons, 2 00 4 For every certificate of registry or ecord,
2 00 5. For every endorsement upon a certificate of registry or record, 1 001 6 for taking every bond required by the act,
0 25 Note. ---At those ports at which there is a Collector, Naval Oficer, and Surveyor, the said fees shall be equally divided between them; where there is no Naval Officer two thirds to the Collector and one-third to the Surveyor ; and where there is only a Collector, he shall receive the whole amount thereof; and where there is more than one Surveyor in any district each of them shall receive his proportionable part of such fees, as shail arise in the port for which he is appointed; provided, that in ail cases, where the tonmag. of any ship or vessei shall be ascertained by any person appointed for that purpose, such person shall be paid a reasonable compensation therefor, out of the fees aforesaid, before any distribution thereof, as aforesaid.
Under the act for enrolling and licensing vessels, passed the 18th Feb. 1793. For admeasuring every ship or ressel For certifying manifests, and
in o der, to the enroliment, granting a permit for a licenlicensing or recording the same, if sed vessel to proceed from of the burthen of five tons, and less dist, ict to district--if less than than twenty tous,
0 50 If of twenty tous and not ex For receiving a certificd manin ceeding seventy tons,
075 fest, and granting a permit, If above seventy tons, and not on the arrival such vessel, if exceeding one hundred ions, 1 00 less than fifty tons,
0 25 If above one hundred tons, 1 5 For receiving a certified mani. For every certificate of enrol. fest, and granting a permit, ment,
0 50 on the arrival of such vessel, if For every endorsement on a above fifty tons,
0.50 certificate of enrolment, 0 20! For certifying manifests, and For every license, and granting grantiig a permit sor a re
the sanie, including the lond, gistered vessel to proceed from if not exceeding twenty tons, 0 251 district to district,
1 50 If above twenty and not more For receiving a certified mani. thiin one hundred tons, 050
fest and granting a permit, on If more than one hundred tons 1 001 the arrival of such registered For every endorsement on
I 50 license,
0 20 For granting a permis for a ves. For cerrifying manifests, and sel carrying on the fishery, to granting a permit for a licens d Trade at a foreign port,
0 25 vessel to proceed from dis- For the report and entry of any rict to district-f above foreign goods imported in such 0 25 vessel,
0 25 Note.-Where a Surveyor shall certify a manifest, or grant a permit, or receive a certified manifesi, and grant a permit, the fees arising therefrom shall be received hy him solely for his use, which regulation applies only to a port of delivery at which there is no other thau a Surveyor.
All the other fees arising under the act, are to be equally divided betwren the Collector, Naval Officer, and Surveyor, where there are such officers; where there is no Naval Officer, two thirds to ihe Collector, and the other third to the Surveyor ; and where there is only a Collector, he shall receive