Maritime History of the Great Lakes

Treasury Department, Circular, 8 April 1844, Act; Form of Bond

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AN ACT directing the disposition of certain unclaimed goods, wares, or merchandise, seized for being illegally imported into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter, m all cases of seizure of any goods, wares, or merchandise, which shall, in the opinion of the collector or other principal offi- cer of the revenue making such seizure, be of the appraised value of one hundred dollars or less, and which shall have been so seized for having been illegally imported into the United States, the said collector of the customs, or other principal officer of the revenue making such seizure, shall proceed as follows, that is to say : he shall cause a list, con- taining a particular description of the goods, wares, or merchandise, so seized, to be prepared in duplicate, and an appraisement of the same to be made by two sworn ap- praisers under the revenue laws. if there are such appraisers in such place of seizure ; and if the said seizure be made where there are no such appraisers, then by two re- spectable and disinterested citizens of the United States, residing at the place where the seizure may be made, and to be selected by him for said purpose. The aforesaid list and appraisement shall be properly attested by such collector or other officer and the persons making the appraisement; and for which service said appraisers shall be allowed, out of the revenue, the sum of one dollar and fifty cents per day each. If the said goods shall be found by such appraisers to be of the value of one hundred dollars or less, the said collector or other officer shall publish a notice, for the space of three weeks, in some newspaper of the county or place where the seizure was made, describ- ing the articles, and stating the time, place, and cause of their seizure, and requiring any person or persons claiming them to appear and make such claim within nmety days from the date of the first publication of such notice: Provided, 'That any person or persons claiming the goods, wares, or merchandise, so seized, within the time specified in the notice, may file with such collector or other officer a claim, stating his or their interest in the articles seized, and may execute a bond to the United States, in the penalty of two hundred and fifty dollars, with two sureties, to be approved by the col- lector or other officer referred to, conditioned that, in case of condemnation of the articles so seized, the obligors will pay all the costs and expenses of the proceedings to obtain such condemnation; and upon the delivery of such bond to the collector or other officer mentioned, he shall transmit the same, with the duplicate list and description of the goods seized, to the United States district attorney for the district, who shall pro- ceed thereon in the ordinary manner prescribed by law: .4nd provided, also, 'That if there shall be no claim interposed and no bond given, within the time above specified, the collector or other officer, as the case may be, shall give twenty days' notice of the sale. of the goods, wares, or merchandise, in the manner before mentioned ; and, at the time and place specified in such notice, shall sell the articles so seized at public auction, and, after deducting the expenses of appraisement and sale, he shall deposite the pro- ceeds to the credit of the Treasurer of the United States, as shall be directed by the Secretary of the Treasury. Src. 2. And be it further enacted, That within one year after the sale of any goods, wares, or merchandise, in virtue of this act, any person or persons claiming to be interested in the goods, wares, or merchandise, so sold, may apply to the Secretary of the Treasury for a remission of the forfeiture thereof, or any of them, and a restora- tion of the proceeds of the said sale, which may be granted by the said Secretary upon satisfactory proof, to be furnished in such manner as he shall prescribe: Provided, 'That it shall be satisfactorily shown that the applicant, at the time of the seizure and sale of the goods in question, and during the intervening time, was absent out of the United States, or in such circumstances as prevented him from knowing of such seizure, and that he did not know of the same; and, also, that the said forfeiture was incurred with- out wilful negligence or any intention of fraud on the part of the owner or owners of such goods. . RN a a CAST RSet ee EE eee Re ' 4 re 5 i H SERN Behera cy perme enneerer es peemssarerne wien ser eke sexes BREN 5 § Src. 3. And be it further enacted, That if no application for such restoration be made within one year, as herein before prescribed, then, at the expiration of the said time, the Secretary of the Treasury shall cause the proceeds of the sale of the said goods, wares, or merchandise, to be distributed according to law, as in the case of goods, wares, and merchandise, condemned and sold pursuant to the decree of a com- petent court. Src. 4. And be it further enacted, That all provisions of any former law incon- sistent with this act shall be, and the same are hereby, repealed. ApproveD, April 2, 1844. I certify that this is a true copy from the roll in this office. W. S. DERRICK, Chief Clerk. DepartTMENT oF State, April 3, 1844. Form of Bond to be given by claimant of goods, &c., seized, as provided in the first section of the act of 2d April, 1844. : aaee Sine ee Soar See em Know ALL MEN BY THESE PRESENTS, that we, of and of , are held and firmly bound unto the United States of America, in the sum of two hundred and fifty dollars, to be paid to the said United States; for payment whereof, we bind ourselves, our heirs, execu- tors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals; dated this day of in the year of our Lord one thousand eight hundred and THE CONDITION OF THIS OBLIGATION Is SUCH, That whereas the goods, wares, and merchandise, described in the list or schedule endorsed hereon, signed by the claim- ant, have been seized as illegally imported into the United States, to which goods, wares, and merchandise, the said has filed a claim with (here insert the name of the collector, or of the other principal officer of the revenue making the seizure.) stating (his or their, as the case may be) interest in the same, according to the provisions of the act, approved on the second day of April, A. D. 1844, entitled " An act directing the disposition of certain unclaimed goods, wares, or merchandise, seized for being illegally imported into the United States." Now, if the said and , or either of them, in case of the condemnation of any or all of said goods, wares, or merchandise, shall pay to the said United States all the costs and expenses of the proceedings to obtain such condemnation, then this obligation shall be void, otherwise the same shall remain in full force and virtue. [SEAL.] [SEAL. | [SEAL. | Signed, sealed, and delivered, in presence of The above bond has been examined by me, and I certify that and the sureties thereto, are responsible to the amount of two hundred and fifty dollars, the penalty thereof, and I do hereby approve the same. Witness my hand, this day of 18

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