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181.

United States for the district into which such person may be brought, or shall be found, in the same manner as other persons charged with piracy may be arraigned, tried, convicted, and punished in said courts.

No. 289.- MARCH 3, 1847.

Stat. at Large, CHAP. LV.- An Act for the Reduction of the Costs and Expenses of Proceedings in Vol. IX. p. Admiralty against Ships and Vessels. Marshal to stay

miralty cases and discharge the property arrested, on re

ceiving bond and

security from claimant to abide

decree of court.

Be it enacted, &c. That in any case brought in the courts of the execution in ad- United States, exercising jurisdiction in admiralty, where a warrant of arrest, or other process in rem, shall be issued, it shall be the duty of the marshal to stay the execution of such process, or to discharge the property arrested if the same has been levied, on receiving from the claimant of the same a bond or stipulation in double the amount claimed by the libellant, with sufficient surety, to be approved by the judge of the said court, or, in his absence, by the collector of the port, conditioned to abide and answer the decree of the court in such cause; and such bond or stipulation shall be returned to the said court, and judgment on the same, both against the principal and sureties may be recovered at the time of rendering the decree in the original cause: Provided, That the entire costs in any such case, in which the amount recovered by the libellant shall not exceed one hundred dollars, shall not be more than fifty per cent. of the amount recovered in the same, which costs shall be applied, first, to the payment of the usual fees for witnesses, and the commissioner, where a commissioner shall act on the case, and the residue to be divided, pro rata, between the clerk and marshal, under the direction of the judge of the court where the cause may be tried: Provided, further, That no attorney's or proctor's fees shall be allowed or paid out of the said costs.

Proviso

costs, how limited and applied.

No attorney's or proctor's fees to be paid out of said costs.

No. 290.- MARCH 3, 1847.

Stat. at Large, CHAP. LVII.—An Act to establish a Port of Entry at Saluria, in the State of Texas, Vol. IX. p. 182. and for other Purposes.

New collection

district in Texas

established.

See 1850, ch. 79, § 15.

Also 1866, ch. 293, § 3.

Collector to be appointed. 1866, ch. 293, § 1.

Surveyors to be appointed. See act of 1860, ch. 142.

Salaries.

Deputy-collector to reside

at Aransas.

Fees.

1846, ch. 2, § 3.

Be it enacted, &c. That all that part of the State of Texas, south and west of the counties of Matagorda and Wharton, and including said counties, shall be detached from the district of Texas, and shall constitute a collection district; [that Saluria, on the northeasterly part of the Island of Matagorda, shall be the port of entry for said district;] and that Matagorda, Aransas, Copano, and Corpus Christi, as ports of delivery only.

SEC. 2. That a collector for the district of Saluria aforesaid shall be appointed by the President, with the advice and consent of the Senate of the United States, who shall hold his office for the terms and for the time prescribed by law for the like office in other districts.

SEC. 3. That surveyors for the aforesaid ports of delivery, to wit, Matagorda, Labaca, Corpus Christi, and Copano, shall be appointed by the President, with the advice and consent of the Senate, with authority to exercise all the powers conferred by law on such officers; and that the salaries of said surveyors at Matagorda and Labaca shall be at the rate of six hundred dollars per annum, and of those at Copano and Corpus Christi shall be at the rate of five hundred dollars per annum; and that there shall be a deputy collector appointed according to law, to reside at Aransas, and to exercise such powers under the revenue laws as the Secretary of the Treasury may prescribe; the compensation of said deputy collector shall be the legal fees on the business he may transact, and no more; and that the surveyor for the port of Cavallo shall be discontinued.

SEC. 4. That the surveyor for the port of Sabine shall be discontinued, and a deputy collector shall be appointed for said port of Sabine, with the

same powers as the deputy collector of Aransas, provided for in third section of this act, whose salary shall be at the rate of one thousand dollars per annum.

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CHAP. LX.

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- An Act creating a Collection District in Maine, and constituting Bangor, in
said District, a Port of Entry and Delivery.

Be it enacted, &c. That the counties of Penobscot and Piscataquis, and the town of Frankfort, in the county of Waldo, be, and they hereby are, created a collection district, which shall be known and called the district of Bangor; and Bangor, within said county of Penobscot, is hereby made a port of entry and delivery for said district.

Stat. at Large, Vol. IX. p. 183.

Collection Dis

trict of Bangor

created.
See 1848, ch.
110.
Bangor made
a port of entry.
Collector to be

SEC. 2. That there shall be a collector of customs appointed for said district, together with such other officers as are provided for by law; and appointed. the compensation of said collector shall be such fees and commissions as he by law may be entitled to.

SEC. 3. That Frankfort, in the county of Waldo, shall form a part of said district of Bangor, in the same manner that it now forms a part of the district of Belfast; and there shall be a deputy collector at Frankfort, as is now provided by law, who shall perform all the duties, and exercise all the powers, in the same manner as the same were performed and exercised when Frankfort constituted a part of the district of Belfast.

No. 292.-JANUARY 26, 1848.

Frankfort to

form a part of

said district.

Stat. at Large, Vol. IX. p. 209. Cold Spring, New York, made port of delivSurveyor to be appointed there. His powers, &c.

a

ery.

CHAP. V.— An Act concerning certain Collection Districts, and for other Purposes. Be it enacted, &c. That from and after the passage of this act, Cold Spring on the north side of Long Island, in the State of New York, be, and the same is hereby, made a port of delivery within the collection district of the port of New York, and that a surveyor be appointed by the President, with the advice and consent of the Senate, to reside at the said port of Cold Spring, who shall have power to enroll and license vessels to be employed in the coasting trade and fisheries, and to enter and clear, and grant registers and other usual papers to vessels employed in the whale fishery, under such restrictions and regulations as the Secretary of the Treasury may deem necessary, and who shall give the usual bond, perform the usual duties in the manner prescribed, and be entitled to receive the fees allowed by law to surveyors and collectors for the same duties, and no more. But all cargoes chargeable with duties shall be entered, and the duties paid, at the port of New York, before permission goes. shall be granted to discharge the same at Cold Spring; that Greenport, Greenport, New on the northeast part of Long Island, in the State of New York, be, and York, made a port of delivery. the same is hereby, made a port of delivery for the towns of Southhold and Riverhead, within the collection district of the port of Sag Harbor, and that a surveyor be appointed by the President, with the advice and consent of the Senate, to reside at the said port of Greenport, who shall have like powers and fees, and be under the like restrictions, as is provided in this act for the surveyor of Cold Spring; but all cargoes chargeable with duties shall be entered, and the duties paid, at the port of Sag goes. Harbor, before permission shall be granted to discharge the same at Greenport.

Entry of car

Surveyor to be appointed there. His powers.

Entry of car

Stat. at Large, CHAP. XXXII. Vol. IX. p. 219.

Lafayette an

nexed to the col

No. 293.- APRIL 14, 1848.

- An Act relating to the Collection District of New Orleans, and for other Purposes.

Be it enacted, &c. That from and after the passage of this act, the lection district of city of Lafayette in the State of Louisiana, shall be added to and included in the port of entry of New Orleans; and that the office of surveyor for the city of Lafayette be and is hereby abolished.

New Orleans.

No. 294. MAY 9, 1848.

Stat. at Large, Vol. IX. p. 220. Ship Island

made a port of delivery.

Deputy collector to be appointed.

CHAP. XL. - An Act to make Ship Island, in the Collection District of Pearl River, a Port of Delivery, and to authorize the Appointment of a Deputy Collector for said Port. Be it enacted, &c. That Ship Island, in the collection district of Pearl River, in the State of Mississippi, is hereby made a port of delivery, and that the President of the United States be authorized, with the advice and consent of the Senate, to appoint a deputy collector to reside at said port of Ship Island, who is hereby authorized to perform the duties of a collector of the customs, and who shall, before he enters on the duties of his office, take and subscribe the oath contained in, and in the manner prescribed by, the seventh section of the act of the third March, eighteen 1817, ch. 109. hundred and seventeen, entitled, “An act to continue in force an act entitled, 'An act further to provide for the collection of duties on imports and tonnage,'" &c., and who shall give a bond for the true and faithful discharge of his duties in the same manner as collectors, naval officers, and surveyors are required to give bonds under existing laws; and the compensation of the aforesaid deputy collector shall be the fees established by law for the services he may perform, and no more.

Bond.

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Stat. at Large, CHAP. XLI.—An Act to provide for the Ventilation of Passenger Vessels, and for Vol. IX. p. 220. other Purposes.*

Number of passengers.

Penalty on taking on board

Height between SEC. 8. That the first section of the act entitled "An act to regulate decks of passen- the carriage of passengers in merchant vessels," approved February ger vessels. 1847, ch. 16. twenty-second, eighteen hundred and forty-seven, be so amended that, when the height or distance between the decks of the vessels referred to in the said section shall be less than six feet, and not less than five feet, there shall be allowed to each passenger sixteen clear superficial feet on the deck, instead of fourteen, as prescribed in said section; and if the height or distance between the decks shall be less than five feet, there shall be allowed to each passenger twenty-two clear superficial feet on the deck; and if the master of any such vessel shall take on board his vessel, in any port of the United States, a greater number of passengers than is allowed by this section, with the intent specified in said first section of the act of eighteen hundred and forty-seven, or if the master of any such vessel shall take on board at a foreign port, and bring within the jurisdiction of the United States, a greater number of passengers than is allowed by this section, said master shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in the manner provided for the punishment of persons convicted of a violation of the act aforesaid; and in computing the number of passengers on board such vessels, all children under the age of one year, at the time of embarkation, shall be excluded from such computation.

a greater number.

Limitation of passengers to

SEC. 10. That so much of the first section of the act entitled "An act regulating passenger ships and vessels," approved March second, eighteen

See 1855, chap. 213, § 19.

hundred and nineteen, or any other act that limits the number of gers to two for every five tons, is hereby repealed.

No. 296. MAY 27, 1848.

passen

CHAP. XLVIII. — An Act extending Privileges to American Vessels engaged in a certain mentioned Trade, and for other Purposes.

two for every

five tons abolished.

1819, ch. 46. Vol. iii. p. 488.

Stat. at Large, Vol. IX. p. 232.

Vessels in the

may touch at

manifest of car

go, &c.

Be it enacted, &c. That it shall hereafter be lawful for any steamship or other vessel, on being duly registered in pursuance of the laws of the coasting trade United States, to engage in trade between one port in the United States foreign ports, and one or more ports within the same, with the privilege of touching at and land passenone or more foreign ports during the voyage, and land and take in thereat gers, mails, &c. merchandise, passengers and their baggage, and letters, and mails: Provided, Proviso as to That all such vessels shall be furnished by the collectors of the ports at which they shall take in their cargoes in the United States, with certified manifests, setting forth the particulars of the cargoes, the marks, number of packages, by whom shipped, to whom consigned, at what port to be delivered; designating such goods as are entitled to drawback, or to the privilege of being placed in warehouse; and the masters of all such vessels shall, on their arrival at any port of the United States from any foreign port at which such vessel may have touched, as herein provided, conform to the laws providing for the delivery of manifests, of cargo and passengers taken on board at such foreign port, and all other laws lating the report and entry of vessels from foreign ports, and be subject to all the penalties therein prescribed.

regu

Vessels en

trade referred to

Proviso that

SEC. 2. That all vessels, and their cargoes, engaged in the trade referred to in this act, shall become subject to the provisions of existing collection gaged in the and revenue laws on arrival in any port in the United States: Provided, in this act shall That any foreign goods, wares, or merchandise, taken in at one port of the be subject to existing collection United States, to be conveyed in said vessels to any other port within the and revenue same, either under the provisions of the warehousing act of sixth August, laws. eighteen hundred and forty-six, or under the laws regulating the trans- no import duty portation coastwise of goods entitled to drawback, as well as any goods, shall be collected wares, or merchandise not entitled to drawback, but on which the import on the cargoes of duties chargeable by law shall have been duly paid, shall not become account of subject to any import duty by reason of the vessel in which they may touching at a arrive having touched at a foreign port during the voyage, in pursuance foreign port.. of the privilege given in this act.

such vessels on

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CHAP. LV.- An Act concerning Spanish Steam-vessels.

Be it enacted, &c. That all laws now in force exacting higher duties on Spanish steam-vessels arriving in the United States than are exacted on steam-vessels of the United States arriving at Havana, or any other port in the Island of Cuba, be suspended, so as to place the said steam-vessels on a footing of perfect reciprocity, the suspension to continue so long as such reciprocity shall be thereby secured, or until otherwise provided for by law.

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Higher duties than those referred to, which

may have been

SEC. 2. That if any higher duties than those before mentioned shall have been, or shall be, paid by any Spanish steamer arriving in the United States on or after the first day of May, one thousand eight hundred and forty-eight, the Secretary of the Treasury is hereby authorized to paid by Spanish refund the same.

vessels, to be refunded.

No. 298.JUNE 26, 1848.

Stat. at Large, CHAP. LXX. — An Act to prevent the Importation of Adulterated and Spurious Drugs Vol. IX. p. 237. and Medicines.

All drugs, medicines, &c. shall, before passing the cus

tom-house, be examined and appraised.

Medicinal

have the name

Be it enacted, &c. That from and after the passage of this act, all drugs, medicines, medicinal preparations, including medicinal essential oils, and chemical preparations used wholly or in part as medicine, imported into the United States from abroad, shall, before passing the custom-house, be examined and appraised, as well in reference to their quality, purity, and fitness for medical purposes, as to their value and identity specified in the invoice.

SEC. 2. That all medicinal preparations, whether chemical or otherwise, preparations to usually imported with the name of the manufacturer, shall have the true of the manufac- name of the manufacturer, and the place where they are prepared, turer, &c. affixed permanently and legibly affixed to each parcel, by stamp, label, or otherto each parcel. wise; and all medicinal preparations imported without such names affixed aforesaid, shall be adjudged to be forfeited.

deteriorated drugs, medicines, &c. shall not pass the cus

tom-house.

Adulterated or SEC. 3. That if, on examination, any drugs, medicines, medicinal preparations, whether chemical or otherwise, including medicinal essential oils, are found, in the opinion of the examiner, to be so far adulterated, or in any manner deteriorated, as to render them inferior in strength and purity to the standard established by the United States, Edinburgh, London, French, and German pharmacopoeias and dispensatories, and thereby improper, unsafe, or dangerous to be used for medicinal purposes, a return to that effect shall be made upon the invoice, and the articles so noted shall not pass the custom-house, unless, on a re-examination of a strictly analytical character, called for by the owner or consignee, the return of the examiner shall be found erroneous; and it shall be declared as the result of such analysis, that the said articles may properly, safely, and without danger, be used for medicinal purposes.

Owner or consignee to have the privilege of calling for a re

examination.

Medicines

adulterated, &c. may be re-exported within six months.

Secretary of the Treasury to appoint special

SEC. 4. That the owner or consignee shall at all times, when dissatisfied with the examiner's return, have the privilege of calling, at his own expense, for a re-examination; and, on depositing with the collector such sum as the latter may deem sufficient to defray such expense, it shall be the duty of that officer to procure some competent analytical chemist possessing the confidence of the medical profession, as well as of the colleges of medicine and pharmacy, if any such institutions exist in the State in which the collection district is situated, a careful analysis of the articles included in said return, and a report upon the same under oath ; and in case the report, which shall be final, shall declare the return of the examiner to be erroneous, and the said articles to be of the requisite strength and purity, according to the standards referred to in the next preceding section of this act, the entire invoice shall be passed without reservation, on payment of the customary duties; but, in case the examiner's return shall be sustained by the analysis and report, the said articles shall remain in charge of the collector, and the owner or consignee, on payment of the charges of storage, and other expenses necessarily incurred by the United States, and on giving a bond with sureties satisfactory to the collector to land said articles out of the limits of the United States, shall have the privilege of re-exporting them at any time within the period of six months after the report of the analysis; but if the said articles shall not be sent out of the United States within the time specified, it shall be the duty of the collector, at the expiration of said time, to cause the same to be destroyed, holding the owner or consignee responsible to the United States for the payment of all charges, in the same manner as if said articles had been re-exported.

SEC. 5. That, in order to carry into effect the provisions of this act, the Secretary of the Treasury is hereby authorized and required to appoint suitably qualified persons as special examiners of drugs, medicines,

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