and mariners of fences not capital or infamous,

vessels, for of

officer, or mariner of any ship or vessel belonging, in whole or in part, to any citizen or citizens of the United States, of the commission of any offence, not capital or otherwise infamous, against any law of the United to be investiStates made for the protection of persons or property engaged in comgated by district merce or navigation, it shall be the duty of the district attorney to investiattorney, and summarily tried. gate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried under the provisions of this act, he shall report the same to the district judge, and, the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court.

No indictment necessary.

Written com

SEC. 3. That at such trial it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified plaint on oath. by oath, in writing, shall be presented to the court, setting out the offence in such manner as clearly to apprise the accused of the character of the offence complained of, and to enable him to answer the complaint. And answer and make the said complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counter-statement.

Defendant

may

counter-state

ment.

Summary trial

SEC. 4. That the said trial shall thereupon be proceeded with in a to be had by the summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty.

court.

Jury.

Limit of sentence in such

cases.

Complaint or statement may

be amended, &c.

If trial by jury, peremptory challenges allowed.

Other challenges.

SEC. 5. That it shall not be lawful for the court to sentence any person convicted on such trial to any greater punishment than imprisonment in jail for one year, or to a fine exceeding five hundred dollars, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine.

SEC. 6. That it shall be lawful for the court to allow the district attorney to amend his statement or complaint at any stage of the proceedings, before verdict, if, in the opinion of the court, such amendment will work no injustice to the accused; and if it appear to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjournment shall be made until a further day, to be fixed by the court.

SEC. 7. That at such trial, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers.

No. 466.- JUNE 11, 1864.

Stat. at Large, CHAP. CXXII.—An Act to abolish_the_Collection Districts of Port Orford and Cape Vol. XIII. p. 125.

Vol. x. p. 629.

Stat. at Large, Vol. XIII. p. 133. 1864, ch. 15.

Certain goods, &c. in public

stores, &c.

Perpetua, in the State of Oregon.

Be it enacted, &c. That the collection districts of Cape Perpetua and Port Orford, heretofore established by law, are hereby abolished, and the same attached to the collection district of Oregon.

No. 467. JUNE 17, 1864.

CHAP. CXXVIII. · An Act to amend an Act entitled "An Act to extend the Time for the Withdrawal of Goods from Public Stores and Bonded Warehouses, and for other Purposes," approved twenty-ninth February, eighteen hundred and sixty-four.

Be it enacted, &c. That all goods, wares, and merchandise, in public stores or bonded warehouses, on which the duties are unpaid, and which shall have been in bond for more than one year and less than three years, When and how may be entered for consumption and the bonds cancelled at any time bemay be entered. fore the first day of September next, on payment of duties and charges according to the laws in force at the time the goods shall be withdrawn.

No. 468.- JUNE 17, 1864.

CHAP. CXXX.- An Act to regulate the Foreign Coasting Trade on the Northern, Northeastern, and Northwestern Frontiers of the United States, and for other Purposes.

Stat. at Large, Vol. XIII. p. 134.

Vessels navi

licensed.
Effect thereof.

Be it enacted, &c. That any boat, sloop, or other vessel of the United States, navigating the waters on our northern, northeastern, and north- gating the waters on northern, &c. western frontiers, otherwise than by sea, shall be enrolled and licensed in froutiers to be such form as other vessels; which enrolment and license shall authorize enrolled and any such boat, sloop, or other vessel to be employed either in the coasting or foreign trade on said frontiers; and no certificate of register shall be required for vessels so employed on said frontiers: Provided, That such boat, sloop, or vessel shall be, in every other respect, liable to the rules, regulations, and penalties now in force relating to registered and licensed vessels.

Proviso.

Compensation

of certain collectors of customs.

SEC. 2. That in lieu of the compensation provided by the fourth section of the act of March second, eighteen hundred and thirty-one, entitled "An act to regulate the foreign and coasting trade on the northern, 1831, ch. 98, § 4. northeastern, and northwestern frontiers of the United States, and for other purposes," each of the several collectors of customs in the following districts on the said frontiers, to wit: Pembina, Chicago, Milwaukie, Sault Sainte Marie, Detroit, Miami, Sandusky, Cuyahoga, Presque Isle, (hereafter to be called Erie,) Dunkirk, Buffalo, Niagara, Genesee, Oswego, Cape Vincent, Oswegatchie, Champlain, and Vermont, shall receive an annual compensation of one thousand dollars, and, in addition thereto, the fees now collected under the general regulations of the Treasury Department of February, eighteen hundred and fifty-seven, and a commission of three per centum on all moneys collected and accounted for by them respectively: Provided, That the aggregate compensation derived from salary, fees, and commissions, shall not in any case exceed the sum of twenty-five hundred dollars per annum, subject to the provisions of the act entitled "An act relative to collectors and other officers of the customs," approved February eleventh, eighteen hundred and forty-six. And whenever the aggregate of salary, fees, and commissions shall in any case exceed the said sum of twenty-five hundred dollars, after deducting the necessary expenses incident to the said office, for and during the same period for which said compensation is allowed, the excess shall, in every such case, be paid into the treasury of the United States. The fees and emoluments of all kinds to be accounted for as provided by the twelfth to be accounted section of the act of the seventh of May, eighteen hundred and twenty- 1822, ch. 107,§ 12.

two.

SEC. 3. That the collectors and other officers of customs on the said frontiers shall be authorized to charge and collect the same fees as are now allowed by law to be charged and collected by the collectors and other officers of customs.

SEC. 4. That all the territory, harbors, and waters on the eastern shore of the State of Wisconsin, bordering on Lake Michigan, heretofore embraced in the district of Michilimackinac, and lying within the limits of the State of Wisconsin, shall be, and the same are hereby, attached to and made part of the collection district of Milwaukie, in the State of Wisconsin.

Not to exceed

a certain sum. 1846, ch. 7.

for.

Fees, &c. how

What fees may be charged.

Certain terri

tory, waters, &c. waukie district.

added to the Mil

Bonds of col

SEC. 5. That all bonds given by collectors of customs, naval officers, lectors, naval surveyors, and by all officers of the customs throughout the United States, officers, &c. how shall be approved by the commissioner of customs, in whose office they approved and kept. are now required to be filed.

SEC. 6. That this act shall take effect from and after the thirtieth June, eighteen hundred and sixty-four.

When act takes effect.

Repeal of act

SEC. 7. That the act entitled "An act to regulate the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of of 1831, ch. 98, the United States, and for other purposes," approved second March, ent acts.

and of inconsist

eighteen hundred and thirty-one, and all other acts or parts of acts inconsistent with this act be, and the same are hereby, repealed.

Stat. at Large, Vol. XIII. p. 137.

Salaries of certain consuls:

of consul at

Ceylon,
Piraeus,
Chin-Kiang,
Bankok,
Madagascar,
Nassau,

Lyons,

Manchester.

President may appoint consular clerks.

Duties.

CHAP. CXXXVI. - An Act making Appropriations for the Consular and Diplomatic Expenses of the Government for the Year ending thirtieth June, eighteen hundred and sixty-five, and for other Purposes.

Be it enacted, &c. **** The consul-general at Alexandria shall have the name and title of agent and consul-general. * ** And the salaries of the consuls at Brindisi, Gibraltar, St. Helena, Boulogne, Zurich, Clifton, Coaticook, Erie, Goderich, Kingston in Canada, Port Sarnia, Prescott, St. Lambert and Longuieul, Toronto and Windsor, shall be fifteen hundred dollars each; and the salaries of the consuls at Ceylon and Piraeus shall be one thousand dollars each; and the salary of the consul at Chin-Kiang shall be three thousand dollars; and the salary of the consul at Bankok shall be two thousand dollars; and the salary of the commercial agent at Madagascar shall be two thousand dollars; and the salary of the consul at Nassau shall be four thousand dollars, to commence after the close of the present fiscal year, and to continue during the present rebellion; and the salary of the consul at Lyons shall be two thousand dollars, to commence after the close of the present fiscal year; and the salary of the consul at Manchester shall be three thousand dollars, to commence after the close of the present fiscal year.

SEC. 2. That the President be, and is hereby, authorized, whenever he shall think the public good will be promoted thereby, to appoint consular clerks, not exceeding thirteen in number at any one time, who shall Age and pay. be citizens of the United States, and over eighteen years of age at the time of their appointment, and shall be entitled to compensation for their services respectively at a rate not exceeding one thousand dollars per annum, to be determined by the President; and to assign such clerks, from time to time, to such consulates and with such duties as he shall direct; Consular clerks. and before the appointment of any such clerk shall be made, it shall be Examination. satisfactorily shown to the Secretary of State, after due examination and report by an examining board, that the applicant is qualified and fit for the duties to which he shall be assigned; and such report shall be laid before the President. And no clerk so appointed shall be removed from moved except for office except for cause stated in writing, which shall be submitted to Congress at the session first following such removal.

Not to be re

cause.

Repeal of 3 of act of 1859,

ch. 75.

SEC. 3. That the third section of an act entitled " An act making appropriations for the consular and diplomatic expenses of the government for the year ending the thirtieth of June, eighteen hundred and sixty," approved March third, eighteen hundred and fifty-nine, is hereby repealed. Fees of consul- And the fee for certifying invoices to be charged by the consul-general general for Brit- for the British North American Provinces, and his subordinate consular ish N. A. provinces, and sub- officers and agents, for goods not exceeding one hundred dollars in value, shall be one dollar, and the same fee shall be charged for certifying the growth or production of goods made duty free by the reciprocity treaty: Provided, however, That no such certificate of growth or production shall be required for goods not exceeding in value the sum of two hundred dollars.

ordinates, for certifying invoices, &c. Certificate of growth not required in certain

cases.

Office of com

mercial agent at Hakodadi may be changed to that of consul. 1856, ch. 127.

SEC. 4. That the office of commercial agent at Hakodadi, Japan, may, at the discretion of the Secretary of State, be changed to that of consul, to be classed with consuls other than those named in schedule B and C in the act approved August eighteen, eighteen hundred and fifty-six.

CHAP. CXXXIX.

Stat. at Large,

· An Act requiring Proof of Payment of Duties on foreign Salt before Payment of the Allowances provided for by the Acts of July twenty-ninth, eighteen Vol. XIII. p. 142. hundred and thirteen, and March third, eighteen hundred and nineteen.

until certain

1813, ch. 35.

1819, ch. 89.

Be it enacted, &c. That the allowance of bounty to certain vessels em- Fishing bounployed in the bank and other cod fisheries, as provided for in the act of July ties not to be paid twenty-ninth, eighteen hundred and thirteen, entitled "An act laying a proof furnished. duty on imported salt, granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries," and the act of March third, eighteen hundred and nineteen, amendatory thereof, shall not hereafter be paid to any such vessel until satisfactory proof shall have been furnished to the collector of customs charged with the payment of such bounty, that the import duty imposed by law on foreign salt imported into the United States has been duly paid on all foreign salt used in curing the fish on which the claim to the allowance of bounty is based.

No. 471. - JUNE 25, 1864.

CHAP. CXLVII.

-An Act making Appropriations for the Legislative, Executive, and Stat. at Large, Judicial Expenses of the Government for the Year ending June thirtieth, eighteen hundred Vol. XIII. p. 145. and sixty-five, and for other Purposes.

of assistant

SEC. 7. That from and after the first day of July, eighteen hundred Clerks in office and sixty-four, in lieu of the clerks heretofore authorized and provided, treasurer at New the assistant treasurer at New Orleans be, and he is hereby, authorized to Orleans. appoint, with the approbation of the Secretary of the Treasury, one chief clerk, at a salary of twenty-five hundred dollars per annum; one clerk, at a salary of two thousand dollars per annum; two clerks, at a salary of fifteen hundred dollars per annum each; one porter, at a salary of nine hundred dollars per annum; and two watchmen, at a salary of six hundred dollars per annum each. **** And in case of the sickness or unavoidable absence of the assistant treasurer, he may, in his discretion, treasurer. authorize the chief clerk to act in his place and to discharge all the duties required by law of the assistant treasurer.

Chief clerk, when to act as

SEC. 9. That the President of the United States be, and he is hereby, Two additional appraisers in authorized to appoint, in addition to the present number, two appraisers New York. for the port of New York, at an annual salary of twenty-five hundred dollars each.

CHAP. CLXIV.

Stat. at Large, Vol. XIII. p. 197.

Goods, &c. imported, how to

be unladen and inspected at first port of arrival.

An Act to prevent Smuggling, and for other Purposes. Be it enacted, &c. That, from and after the passage of this act, all goods, wares, and merchandise, and all baggage and effects of passengers, and all other articles imported into the United States from any contiguous foreign country or countries, except as hereafter provided, as well as the vessels, cars, and other vehicles and envelopes in which the same shall be imported, shall be unladen in the presence of, and be inspected by, an inspector or other officer of the customs, at the first port of entry or customhouse in the United States where the same shall arrive; and to enable the proper officer thoroughly to discharge this duty, he may require the owner or owners, or his, her, or their agent, or other person having charge or possession of any trunk, travelling-bag or sack, valise, or other envel ope, or of any closed vessel, car, or other vehicle, to open the same, or to be opened, &c.; deliver to him the proper key; and if such owner, agent, or other person shall refuse or neglect to comply with his demands, the said officer shall retain such trunk, travelling-bag or sack, valise, or whatsoever it may be, and open the same, and, as soon thereafter as may be practicable, exam

Trunks, closed vessels, &c. to

to be forfeited if dutiable articles are found therein.

Proceedings to

at first port.

ine the contents; and if any article or articles subject to the payment of duty shall be found therein, the whole contents, together with the envel ope, shall be forfeited to the United States, and disposed of as the law provides in other similar cases. And if any such dutiable goods, article or articles, shall be found in such vessel, car, or other vehicle, the owner, agent, or other person in charge of which shall have refused to open the same or deliver the key as herein provided, the same, together with the vessel, car, or other vehicle, shall be forfeited to the United States, and shall be held by such officer, to be disposed of as the law provides in other similar cases of forfeiture.

SEC. 2. That to avoid the inspection at the first port of arrival, reavoid inspection quired by the first section of this act, the owner, agent, master, or conductor of any such vessel, car, or other vehicle, or owner, agent, or other person having charge of any such goods, wares, merchandise, baggage, effects, or other articles, may apply to any officer of the United States duly authorized to act in the premises, to seal or close the same, under and according to the regulations hereinafter authorized, previous to their importation into the United States; which officer shall seal or close the same accordingly; whereupon the same may proceed to their port of destination without further inspection: Provided, That nothing contained in this section shall be construed to exempt such vessel, car, or vehicle, or its contents, from such examination as may be necessary and proper to prevent frauds upon the revenue and violations of this act: And provided, further, That every such vessel, car, or other vehicle, shall proceed, without unnecessary delay, to the port or place of its destination, as named in the manifest of its cargo, freight, or contents, and be there inspected, as provided in section one.

Proviso.

Proviso.

SEC. 3. That the Secretary of the Treasury be, and he is hereby, authorized and required to make such regulations, and from time to time so to change the same as to him shall seem necessary and proper, for sealing such vessels, cars, and other vehicles, when practicable, and for sealing, marking, and identifying such goods, wares, merchandise, baggage, effects, trunks, travelling-bags or sacks, valises, and other envelopes and articles; and also in regard to invoices, manifests, and other pertinent papers, and their authentication.

SEC. 4. That if the owners, master, or person in charge of any vessel, car, or other vehicle, sealed as aforesaid, shall not proceed to the port or place of destination thereof named in the manifest of its cargo, freight, or contents, and deliver such vessel, car, or vehicle, to the proper officer of the customs, or shall dispose of the same by sale or otherwise, or shall unload the same, or any part thereof, at any other than such port or place, or shall sell or dispose of the contents of such vessel, car, or other vehicle, or any part thereof, before such delivery, he shall be deemed guilty of felony, and on conviction thereof, before any court of competent jurisdiction, pay a fine not exceeding one thousand dollars, or shall be imprisoned for a term not exceeding five years, or both, at the discretion of the court; and such vessel, car, or other vehicle, with its contents, shall be forfeited to the United States, and may be seized wherever found within the United States, and disposed of and sold as in other cases of forfeiture: Provided, That nothing in this section shall be construed to prevent sales of cargo, in whole or in part, prior to arrival, to be delivered as per manifest, and after due inspection.

SEC. 5. That if any unauthorized person or persons shall wilfully break, cut, pick, open, or remove any wire, seal, lead, lock, or other fastening or mark attached to any vessel, car, or other vehicle, crate, box, bag, bale, basket, barrel, bundle, cask, trunk, package, or parcel, or anything whatsoever, under and by virtue of this act and regulations authorized by it, or any other act of Congress, or shall affix or attach, or in any way wilfully aid, assist, or encourage the affixing or attaching, by wire or