And in such cases, unless intent to defraud shall be so found, no fine, penalty, or forfeiture shall be imposed. Penalty not to be imposed unless fraudulent intent found. SEC. 17. That whenever, for an alleged violation of the customs-reve- Proceedings for nue laws, any person who shall be charged with having incurred any relief of persons fine, penalty, forfeiture, or disability other than imprisonment, or shall charged with inbe interested in any vessel or merchandise seized or subject to seizure, R. S., $$ 563, when the appraised value of such vessel or merchandise is not less than 5292. one thousand dollars, shall present his petition to the judge of the dis- 16 Opin. Att'y trict in which the alleged violation occurred, or in which the property Gen., 259, 473. is situated, setting forth, truly and particularly, the facts and circumstances of the case, and praying for relief, such judge shall, if the case, in his judgment, requires, proceed to inquire, in a summary manner into the circumstances of the case, at such reasonable time as may be fixed by him for that purpose, of which the district attorney and the collector shall be notified by the petitioner, in order that they may attend and show cause why the petition should be refused. SEC. 18. That the summary investigation hereby provided for may be held before the judge to whom the petition is presented, or, if he shall so direct, before any United States commissioner for such district, and the facts appearing thereon shall be stated and annexed to the petition, and, together with a certified copy of the evidence, transmitted to the Secretary of the Treasury, who shall thereupon have power to mitigate or remit such fine, penalty, or forfeiture, or remove such disability, or any part thereof, if, in his opinion, the same shall have been incurred without willful negligence or any intention of fraud in the person or persons incurring the same, and to direct the prosecution, if any shall have been instituted for the recovery thereof, to cease and be discontinued upon such terms or conditions as he may deem reasonable and just. summary hearing in, before whom to be had, and subsequent proceedings. R. S., § 5292. 16 Opin. Att'y Gen., 473. Officers compro forfeitures, &c., SEC. 19. That it shall not be lawful for any officer or officers of the United States to compromise or abate any claim of the United States mising or abating arising under the customs laws, for any fine, penalty, or forfeiture in- claims for fines, curred by a violation thereof; and any officer or person who shall so how punished. compromise or abate any such claim, or attempt to make such compromise or abatement, or in any manner relieve or attempt to relieve from such fine, penalty, or forfeiture, shall be deemed guilty of a felony, and, ch. 22. on conviction thereof, shall suffer imprisonment not exceeding ten years, and be fiued not exceeding ten thousand dollars: R. S., § 5292. Provided, however, That the Secretary of the Treasury shall have power Secretary of to remit any fines, penalties, or forfeitures, or to compromise the same, Treasury may rein accordance with existing law. R. S., 2858, 5292, 5293. SEC. 20. That whenever any application shall be made to the Secre- Applicants for tary of the Treasury for the mitigation or remission of any fine, penalty, remission of fines, or forfeiture, or the refund of any duties, in case the amount involved is &c., to notify district attorney and not less than one thousand dollars, the applicant shall notify the district collector, who shall attorney and the collector of customs of the district in which the duties, furnish informafine, penalty, or forfeiture accrued; and it shall be the duty of such col. tion, &c. lector and district attorney to furnish to the Secretary of the Treasury 5294. R. S., § 5292all practicable information necessary to enable him to protect the interests of the United States. SEC. 21. That whenever any goods, wares, and merchandise shall have Settlements as to been entered and passed free of duty, and whenever duties upon any im- duties, after one ported goods, wares, and merchandise shall have been liquidated and year, in absence of paid, and such goods, wares, and merchandise shall have been delivered fraud or protest, to to the owner, importer, agent, or consignee, such entry and passage free of duty and such settlement of duties shall, after the expiration of one year from the time of entry, in the absence of fraud and in the absence of protest by the owner, importer, agent, or consignee, be final and con clusive upon all parties. be conclusive. 17 Blatch., 316, Suits for penal- SEC. 22. That no suit or action to recover any pecuniary penalty or forties and forfeiture feiture of property accruing under the customs revenue laws of the United under customs States shall be instituted unless such suit or action shall be commenced laws to be com- within three years after the time when such penalty or forfeiture shall three years, except have accrued: menced within in case of absence, &c. R. S., § 1047. Annual salaries officers in lieu of other tion. compensa Provided, That the time of the absence from the United States of the person subject to such penalty or forfeiture, or of any concealment or absence of the property, shall not be reckoned within this period of limitation. SEC. 2. That in lieu of the salaries, moieties, and perquisites of whatto certain customs ever name or nature, and commissions on disbursements, now paid to and received by the collectors, naval officers, and surveyors connected with the customs service in the several collection districts of the United States hereinafter named, there shall be paid, from and after the first day of July, eighteen hundred and seventy-four, an annual salary as follows: To the collector of the district of New York, twelve thousand dollars. To the collectors of the districts of Boston and Charlestown, Massachusetts; and Philadelphia, Pennsylvania, each eight thousand dollars. To the collectors of the districts of San Francisco, California; Baltimore, Maryland; and New Orleans, Louisiana, each seven thousand dollars. to collectors. R. S., §§ 26542656, 2659, 26882692, 3090. 1877, Feb. 27, ch. 69, par. 73. To the collector of the district of Portland and Falmouth, Maine, six thousand dollars. To the naval officer for the district of New York, eight thousand dollars. To the naval officers of the districts of Boston and Charlestown, Massachusetts; and San Francisco, California; and Philadelphia, Pennsylvania, each five thousand dollars. To the surveyor of the port of New York, eight thousand dollars. 1875, ch. 130, § 10. 1879, Feb. 26, ch. 103. late bonded ware der stores, &c. Secretary of SEC. 24. That the Secretary of the Treasury shall, from time to time, Treasury to regu- make such regulations as he may deem necessary for the conduct and houses, general-or- management of the bonded warehouses, general order stores, and other depositories of the imported merchandise throughout the United States; R. S., § 2892, all regulat ons or orders issued by collectors of customs in regard thereto 2926, 2954-3008. shall be subject to revision, alteration, or revocation by him; and no warehouse shall be bonded and no general-order store established without his authority and approval. General-order And it shall be the duty of the Secretary of the Treasury, in granting warehouses to be permits to establish general-order warehouses, to require such warehouse near landings. or warehouses to be located contiguous, or as near as may be, to the landing places of steamers and vessels from foreign ports; Customs officers And that no officer of the customs shall have any personal ownership not to be interested of, or interest in, any bonded warehouse or general-order store. in warehouses, &c. Public cartage to SEC. 25. That public cartage of merchandise in the custody of the Govbe let to lowest ernment shall be let after not less than thirty days' notice of such letting bidder, and subject to regulation. to the lowest responsible bidder giving sufficient security, and shall be subject to regulations approved by the Secretary of the Treasury. &c. Repeal, saving SEC. 26. That all acts and parts of acts inconsistent with the provisexisting rights, ions of this act are hereby repealed; that nothing herein contained shall affect existing rights of the United States; and in all cases in which prosecutions have been actually commenced for forfeitures incurred, the Secretary of the Treasury shall have power to make compensation, as provided in the fourth section of this act, to the persons who would, under former laws, have been entitled to share in the distribution of such forfeitures. [June 22, 1874.] CHAPTER 392. AN ACT FOR THE BETTER GOVERNMENT OF THE NAVY OF THE UNITED STATES. June 22, 1874. 18 Stat. L., 191. [SECTION 1], That on and after the passage of this act, any officer of Navy officers the Navy who may be promoted in course to fill a vacancy in the next promoted, to have higher grade shall be entitled to the pay of the grade to which promoted pay of grade from from the date he takes rank therein, if it be subsequent to the vacancy he is appointed to fill. date of rank. R. S., §§ 1495, 1507. and disa issed restored by finding of court-martial SEC. 2. That the accounting officers of the Treasury be, and are hereby, prohibited from making any allowance to any officer of the Navy who has been, or may hereafter be, dismissed from the service and not to have more restored to the same under the provisions of the twelfth section of the than six months' act of March third, eighteen hundred and sixty-five, entitled (1) "An act back pay. to amend the several acts heretofore passed to provide for the enrolling R. S., § 1624, art. and calling out the national forces, and for other purposes", to exceed more than pay as on leave for six months from the date of dismissal, Gen., 569. unless it shall appear that the officer demanded in writing, addressed to the Secretary of the Navy, and continued to demand as often as once in six months, a trial as provided for in said act. 37, 2d. ed., p. 282. 15 Opin. Att'y SEC. 3. That so much of the act entitled (1) "An act to authorize the Cadet-engineers, Secretary of the Navy to provide for the education of naval construct- not exceeding ors and steam-engineers, and for other purposes", approved July fourth, appointed a twenty-five, to be eighteen hundred and sixty-four", as provides that cadet-engineers, not nually by Secreto exceed fifty in number, shall be appointed by the Secretary of the tary of Navy. Navy, is hereby repealed; and cadet-engineers shall hereafter be ap- R. S., § 1523. pointed annually by the Secretary of the Navy, and the number appointed each year shall not exceed twenty-five; and that all acts or parts of acts inconsistent with the provisions of this act be, and the same are hereby repealed. [June 22, 1874.] NOTE.-(1) The provisions of the acts of 1864, ch. 252, avd 1865, ch. 79, § 12 (13 Stat. L., 393, 489), here referred to, are incorporated in the Revised Statutes in the sections noted in the margin. CHAPTER 393. AN ACT TO REPEAL SO MUCH OF THE ACT APPROVED MAY EIGHT, EIGHTEEN HUN 1. Authority for employment of persons by Sec- 2. Claims under existing contracts not to be en- public money withheld repealed, &c. Be it enacted, &c. for [SECTION 1], That so much of the act entitled (1) "An act making Authority appropriations for the legislative, executive, and judicial expenses of employment of persons by Secretary the Government for the year ending June thirtieth, eighteen hundred of Treasury to disand seventy-three, and for other purposes," approved May eighth, eight- cover and collect een hundred and seventy-two, as provides for the employment by the public Secretary of the Treasury, of not more than three persons to assist the held, repealed, &c. proper officers of the Government in discovering and collecting any 15 Opin. Att'y money belonging to the United States when the same shall be withheld Gen., 133. NOTE.-(1) The provisions of the act of 1872, ch. 69 (17 Stat. L., 68, 69), are incorporated into the Revised Statutes in the section noted in the margin. R. S., § 256. Claims under existing contracts not to be enforced. by any person or corporation, be, and the same is hereby, repealed; and the Secretary of the Treasury is hereby directed to revoke and annul all contracts for the collection of such taxes made under and by authority of said act. SEC. 2. That the Court of Claims shall have no authority to consider or decide upon any claims for damages by reason of the discontinuance of the contracts aforesaid, or for any profits or per-centages under them. [June 22, 1874.] CHAPTER 394. AN ACT TO LEGALIZE ENTRIES OF PUBLIC LANDS UNDER THE HOMESTEAD LAWS IN Certain entries of public lands not made in strict Adverse right not impaired, &c. Certain entries Be it enacted, &c., That in all cases of entries of public lands heretoof public lands not fore made under the act entitled (1) "An act to secure homesteads to made in strict con- actual settlers on the public domain," approved May twentieth, eighteen formity to homestead laws, legalhundred and sixty-two, where the affidavit required by section two of ized. said act was made before the clerk of the county of the residence of the R. S., §§ 2290- person making the entry, without having first made the settlement and improvement required by the provisions of section three of the act entitled (1) "An act amendatory of the homestead law, and for other purposes," approved March twenty first, eighteen hundred and sixty-four, said affidavits be, and the same are hereby, legalized and confirmed, so as to have the same force and validity as if the provisions of said lastnamed act had been strictly complied with: 2294. Adverse right Provided, That nothing in this act shall have the effect or be connot impaired, &c. strued to impair the valid and paramount adverse rights of any person or corporation to any of such lands, except in so far as the right of Congress to protect the claims or rights of homestead settlers upon lands within the limits of grants of lands to any railroad company may have been reserved in the acts making such grants and be now lawfully existing. [June 22, 1874.] NOTE. (1) The provisions of the act of 1862, ch. 75 (12 Stat. L., 392), and of the act of 1864, ch. 38 (13 June 22, 1874. 18 Stat. L., 193. CHAPTER 395. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE PAYMENT OF SECTION 1. Claims for horses lost by officers in military Be it enacted, &c. SECTION 2. -not to be allowed unless presented before January, 1876. Claims for horses [SECTION 1], That the first section of the act of March third, eightlost by officers in een hundred and forty-nine, (1) providing for the payment for horses military service not to be denied and equipments lost by officers or enlisted men in the military service, because horses shall not be construed to deny payment to such officers or enlisted men, were purchased in for horses which may have been purchased by them in States in insurStates in insurrec- rection; and payment in any case shall not be refused where the loss resulted from any exigency or necessity of the military service, unless it was caused by the fault or negligence of such officers or enlisted men. NOTE.-(1) The section of the act of 1849, ch. 129 (9 Stat. L., 414), here referred to, is incorporated into Revised Statutes, § 3482, noted in the margin. tion. R. S., § 3482. See Thomas's case, 16 Ct. Cls., SEC. 2. That no claims under said section or this amendment thereto -not to be alshall be considered unless presented prior to the first day of January, eighteen hundred and seventy-six. [June 22, 1874.] lowed unless pre- CHAPTER 396. AN ACT CONFERRING JURISDICTION UPON THE CRIMINAL COURT OF THE DISTRICT OF SECTION 1. District of Columbia; criminal-court jurisdiction. Be it enacted, &c. SECTION 2. -courts in, to have power to cause arrests, June 22, 1874. 18 Stat. L., 193. District of Co [SECTION 1], That the criminal court of the District of Columbia shall have jurisdiction of all crimes and misdemeanors committed in lumbia; criminalsaid District, not lawfully triable in any other court, and which are required by law to be prosecuted by indictment or information. SEC. 2. That (1) the provisions of the thirty-third section of the judiciary act of seventeen hundred and eighty-nine shall apply to courts created by act of Congress in the District of Columbia. [June 22, 1874.] NOTE.-(1) The provisions here referred to, of the judiciary act of 1789, ch. 20, § 33 (1 Stat. L., 91), are incorporated into Revised Statutes, §§ 727, 879, 1014, 1015, 1016. court jurisdiction. R. S., vol. 2 Dist. Col., § 760-771, 1049. courts in, to have power to cause arR. S., vol. 2 Dist. rests, take bail,&c. Col., $$ 760-771, 1049, 1050. CHAPTER 397. AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO ESTABLISH A WESTERN JUDI- Marshal for western district of North Carolina. Be it enacted, &c., That (1) section eight of the act of June fourth, eighteen hundred and seventy-two entitled "An act to establish a western judicial district of North Carolina," be amended by adding thereto the following: "There shall also be appointed a marshal of the United States for said western district of North Carolina, who shall be entitled to a salary of two hundred dollars per annum; payment to be made quarterly out of the Treasury of the United States, and in addition thereto the fees of office affixed by law. [June 22, 1874.] NOTE.-(1) Section 8 of act of 1872, ch. 282 (17 Stat. L., 217), provided only for the appointment of a judge and district attorney. CHAPTER 398. AN ACT TO ADMIT FREE OF DUTY MERCHANDISE SUNK FOR TWO YEARS AND AFTER WARD RECOVERED. Merchandise in vessels sunken two years and abandoned, when raised may be admitted duty free. June 22, 1874. 18 Stat. L., 194. years and aban Be it enacted, &c., That whenever any ship or vessel, laden with mer- Merchandise in chandise in whole or in part subject to duty, shall have been sunk in vessels sunken two any river, harbor, bay, or waters subject to the jurisdiction of the United doned, when raised States and within its limits, and shall have remained so sunk for the may be admitted period of not less than two years, and shall be abandoned by the owners duty free. thereof, any person or persons, who may raise any portion of the cargo R. S., § 2507. of such ship or vessel, shall be permitted to bring the merchandise so |