of a large part of the duty lawfully chargeable on said goods, wares, and merchandise. And so the jurors, etc., do say, that the said did on the said day of in the year, etc., in the matter and proceeding aforesaid, at the custom-house in the said city of New York, take the said oath before the said

he the said then and there being a deputy collector of the customs as aforesaid, having competent authority to administer such oath to the said as aforesaid, when an oath was required to be taken under and by virtue of a law of the United States of America, and under and by virtue of the revenue laws of the said United States, and upon the taking of said oath, by him the said as aforesaid, he the said did then and there knowingly and willingly swear falsely, in manner and form aforesaid, in a matter and proceeding when the aforesaid oath was required, by a law of the United States of America, to be taken by the said and was then and there guilty of perjury, against, etc., and against, etc. (Conclude as in book 1, chapter 3.)

Second count. Same as first down to *, at which insert:

and that the said

did also then and there, at the time of producing and delivering the said entry as aforesaid, produce and deliver to the said being then and there a deputy collector of the customs as aforesaid, duly appointed according to law, a certain invoice, purporting to be an invoice of the goods, wares, and merchandise so as aforesaid imported by the said from the said port of and there as aforesaid

in the said

called the

and included in the entry then produced and delivered by the said the said

was then and there in due manner sworn, and in due form of law, touching

took his oath before the said and concerning the matters contained in the said entry and invoice, † (here insert as much of first count as intervenes between ↑ and tt); and it being then and there also material, that a just and faithful account of the actual cost of the said goods, wares, and merchandise, of all charges thereon, including charges of purchasing, carriage, bleaching, dyeing, dressing, finishing, putting up and packing, and no other discount, drawback, or bounty, but such as had been actually allowed on the same, should be furnished to the officers of the customs, acting in that

VOL. II.-2

17

behalf, at the custom-house in the said city of New York, and set forth in said invoice, so as aforesaid produced by him the said and it being also then and there material, that the officers of the customs acting in that behalf should know and be informed, whether he the said knew or believed in the existence of any invoice of the said goods, wares, and merchandise, other than the invoice so as aforesaid produced and delivered by him the said also whether or not, the invoice so then and there produced and delivered by him the said was then and there in the state in which he the said had actually received the same, and it being also then and there material, that the said officers of the customs, acting in that behalf, should then and there know and be informed, whether or not, he the said in the said entry, or the said invoice, had concealed or suppressed anything whereby the United States of America might be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise; and that the said not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, then and there being so sworn as aforesaid, did upon his oath, touching and concerning the matters contained in the said entry and invoice, knowingly and willingly(9) swear falsely, and make oath in writing, in substance and to the effect following, that is to say, that the entry then delivered by him to the collector of New York (meaning thereby the entry so as aforesaid produced and delivered by him the said to the said .), contained goods, wares, and merchandise in the called the

a just and true account of all the imported by or consigned to whereof

was then and there master, from (meaning thereby the goods, wares, and merchandise so as aforesaid imported by him the said

consigued to

in said

called the

and

), and that the said invoice, so then and contained a

there as aforesaid produced by him the said just and faithful account of the actual cost of the said goods, wares, and merchandise, of all charges thereon, including charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting up and packing, and no other discount, drawback, or

(9) "Knowingly and willingly" are terms used by the act of March 3, 1825.

bounty but such as had been actually allowed on the same, and also that he the said did not know or believe in the existence of any invoice, other than that so as aforesaid then and and that the said in

there produced by him the said voice, so theu and there produced and delivered, was in the state in which he the said had actually received the I had not in the said

same, and also that he the said entry or invoice concealed or suppressed anything, whereby the United States of America might be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise; whereas, in truth and in fact, the said entry so as aforesaid then and there produced and delivered, did not contain a just and true account of all the goods, wares, and merchandise imported by him the said or consigned to whereof the said

called the

in the said was then and there the master as aforesaid, but on the contrary thereof, the account of said goods, wares, and merchandise contained in the said entry was then and there false, in this, that in and by the said entry, the said goods, wares, and merchandise are, and were set forth and represented to have cost the importer thereof, including commissions and charges, the sum of (here insert the sum, in the currency of the country from whence the goods were exported), meaning thereby so much of the currency of the kingdom of (or otherwise), when, in truth and in fact, the said goods, wares, and merchandise cost the importer thereof, including commissions and charges, a much larger sum and price than the said sum of of the currency aforesaid, and whereas also, in truth and in fact, the said invoice, so then and there as aforesaid produced to the said did not contain a just and faithful account of the actual cost of the said goods, wares, and merchandise, of all charges thereon, including charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting up and packing, and no other discount, drawback, or bounty but such as had been actually allowed on the same, but on the contrary thereof, the account of the actual cost of the said goods, wares, and merchandise, of all charges thereon, including charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting up and packing, and no other discount, drawback, or bounty but such as had been actually

allowed on the same, was set forth and represented in the said

invoice, to be the sum of

of

(meaning thereby so much currency of the ), when, in truth and in fact, the actual cost of the said goods, wares, and merchandise, and of all charges thereon, including charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting up and packing, and no other discount, drawback, or bounty but such as had been actually allowed on the same, was a different and much larger sum than the said sum of of the currency aforesaid, so

contained in the said invoice. And whereas also, in truth and in fact, he the said then and there well knew and believed

in

in the existence of an invoice of said goods, wares, and merchandise, other and greatly different from the said invoice so as aforesaid then and there produced by him the said which said other invoice, the said goods, wares, and merchandise were set forth and represented to have cost a much larger sum and price than was expressed in the said invoice so as aforesaid then and there produced and delivered by him the said

to the said and whereas also, in truth and in fact, the said invoice so then and there produced as aforesaid, was not then and there in the state in which the same had been actually received by him the said but on the contrary thereof, the said invoice so then and there produced as aforesaid, had, after the receipt of the paper on which the said invoice was written, been greatly and materially altered and written upon by him the said and whereas also, in truth aud in fact, he the said in the said entry and invoice, had concealed and suppressed the true and actual cost and value of the said goods, wares, and merchandise, with intent thereby to defraud the United States of America of some part of the duties lawfully due on the said goods, wares, and merchandise. And so the jurors aforesaid, on their oath aforesaid, do say, that the said on the said day of in the year, etc., before a deputy collector of the customs, at the said port and district of the city of New York, duly appointed according to law, he the said having as aforesaid competent power and authority to administer said oath to the said did upon taking the said oath in a matter and proceeding at the custom-house, in the said city of New York, when an oath was required to be taken under and by

virtue of a law of the United States of America, knowingly and willingly swear falsely, in manner and form last aforesaid, and did then and there commit wilful and corrupt perjury, against, etc., and against, etc. (Conclude as in book 1, chapter 3.)

Last count.

And the jurors aforesaid, on their oath aforesaid, do further present that the southern district of New York, in the second circuit, is the district and circuit in which the said offences were committed, and in which the said was first appre

hended for the said offences (or as the case may be; see ante, 17, 18, 181 n., 239 n.).

(580) In justifying to bail for a party after indictment found,

etc.(r)

That heretofore, to wit, on, etc., one (the person bailed) was duly committed for trial to a prison in the city of in the southern district of New York aforesaid, for a certain felony (or otherwise), by him the said before that time alleged to

have been committed against the said United States.

And the jurors aforesaid, on their oath aforesaid, do further present, that at an additional session (or otherwise) of the district court of the United States of America, for the southern district of New York, begun and held at the city of New York, within and for the district aforesaid, on, etc., the grand inquest of the United States of America, within and for the district aforesaid, found a true bill of indictment against the said (the first mentioned party), for having, on, etc. (state particularly the offence or offences).

And the jurors aforesaid, on their oath aforesaid, do further present, that the said was duly arraigned before the said district court, and that he pleaded not guilty to the said bill of indictment so found as aforesaid.

And the jurors aforesaid, on their oath aforesaid, do further present, that on application of the said the said district court did thereupon order the said the sum of

dollars, with

to find sufficient bail in

or more sureties for his

(r) This form was prepared in the office of Mr. B. F. Butler, United States district attorney for New York; afterwards attorney-general of the United States.