of the revenue laws of the United States, the burthen of proof shall lie on the claimant only, where probable cause is shown for such prosecution, to be judged of by the court, before whom the prosecution is had. SEC. 3. And be it further enacted, That in all cases, in which suits or prosecutions shall be commenced for the recovery of pecuniary penalties prescribed by the laws of the United States, the person or persons, against whom process may be issued, shall be held to special bail, subject to the rules and regulations, which prevail in civil suits, in which special bail is required.

Certain new districts and ports of delivery established.

SEC. 4. And be it further enacted, That from and after the last day of May next, there shall be established the following new districts and ports of delivery, to wit: In the state of New York, a district to be called the district of Hudson; which shall include the city of Hudson, and all the waters and shores northward of the said city on Hudson river, and the town of Catskill below the said city; and the said city of Hudson shall be the sole port of entry for the said district; to which shall be annexed the towns or landing-places of Catskill, Kinderhook and Albany, as ports of delivery only; and the collector for the said district shall reside at Hudson, and a surveyor to reside at Hudson, and another, at Albany, as is now by law established:-In the state of Connecticut, a district, to be called the district of Middletown; which shall include the several towns and landing-places of Lyme, Saybrook, Killingsworth, Haddam, East Haddam, Middletown, Chatham, Weathersfield, Glastenbury, Hartford, East Hartford, Windsor and East Windsor; of which, Middletown shall be the sole port of entry, and the other towns and landing-places beforenamed shall be ports of delivery only: and the collector shall reside at Middletown, and there shall be two other surveyors appointed within the said district, one to reside at Hartford, and the other at Saybrook :—In the state of Massachusetts, a district to be called the district of Waldoborough, and a collector for the district shall reside at Waldoborough, which shall be the sole port of entry; and to which district shall be annexed the towns of Bristol, Nobleborough, Warren, Thomaston, Cushing and Cambden; also a place, called Ducktrap, as ports of delivery only; and there shall be a surveyor to reside at Thomaston; and all the shores and waters from the middle of Damarascotty river to Ducktrap, shall be comprehended within the said district of Waldoborough. And in the district of Portland and Falmouth, Freeport and Harpswell; and also in the district of Bath, the towns of Georgetown and Brunswick shall be ports of delivery only :-And the collectors to be appointed in conformity with this act shall each become bound in the sum of four give bond, &c. thousand dollars, and each surveyor, in the sum of one thousand dollars, in manner, as is by law provided in like cases. And the same duties, authorities and fees of office, with a similar distribution thereof, shall appertain to those appointments, as are now, in like cases, authorized by law. And the collectors aforesaid shall each receive the same per centage on the amount of all monies by them respectively received for duties, together with the same yearly allowance, as is allowed by law to the collector of the district of Fairfield; and each of the surveyors in the districts aforesaid shall receive the same yearly allowance, as is, or may be allowed, by law, to the surveyor of the district of New Haven.

SEC. 5. And be it further enacted, That the master or commander of any ship or vessel, bound from a foreign port or place, to the district of Hudson, or to the district of Bermuda Hundred and City Point, shall, if bound to the former, first come to, with his ship or vessel, at the city of New York, and if to the latter, after the last day of September next, at Hampton Road or Sewell's Point, and there make report to the collector of New York, or of Norfolk and Portsmouth, or to the collector of the port of Hampton, as the case may be, and take on board an inspector of the customs, before he shall proceed to the district of Hud

Collectors to

Surveyors.

Masters of ves

sels bound to how to conduct themselves.

certain ports,

Penalty.

1790, ch. 35.

3d section of certain law not to extend to certain ports.

Limits of the district of Hampton, for James River.

The part of goods forfeited belonging to the

United States

applied to pay costs, if under a certain value.

When agent enters goods penalty of bond to be increased.

New article in the condition

of the bond.

In case duties are paid, secu.

rity is to be giv

en.

How bonds,

given for goods

on which drawback is payable, shall be discharged.

son, or to the district of Bermuda Hundred and City Point: and if bound to any port on Connecticut river, shall take an inspector on board, at Saybrook, before proceeding to such port. And if any master or commander shall neglect or refuse to comply with the duty hereby enjoined, or which is enjoined in the third section of the act, intituled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels," he shall forfeit a sum not more than five hundred, and not less than fifty dollars: Provided, however, That from and after the last day of May next, the restrictions contained in the said third section shall not extend to, and be considered, as affecting, the several ports or places included within the district of Middletown; also the ports of North Yarmouth, Freeport and Harpswell in the district of Portland and Falmouth, or the ports of Georgetown and Brunswick in the district of Bath.

SEC. 6. And be it further enacted, That the district of Hampton for James river shall only extend up to the east side of Chickahomony river and from thence upwards to Richmond on the north side shall be annexed to the district of Bermuda Hundred and City Point, which district shall extend down James river on the south side to Hood's.

SEC. 7. And be it further enacted, That whenever a seizure, condemnation and sale of goods, wares and merchandise shall hereafter take place, in the United States, and the value thereof shall be less than one hundred dollars, that part of the forfeiture, which accrues to the United States, or so much thereof as shall be necessary, shall be applied to the payment of the costs of prosecution.

SEC. S. And be it further enacted, That from and after the last day of May next, whenever an entry shall be made with the collector of any district, of any merchandise imported into the United States, subject to duties, by any agent, factor or person, other than the bona fide owner or consignee of such merchandise, it shall be the duty of the collector to increase the penalty of the bond to be given for the duties, the sum of one thousand dollars, and to make it a part of the condition of the said bond, that the bona fide owner or consignee of such merchandise shall, on or before the first day of payment stipulated in said bond, deliver to said collector a full and correct account of the said merchandise imported for him, or on his account, or consigned to his care, in manner and form, as is now required by law, in respect to an entry, previous to the landing of any merchandise; which account shall be verified, as in the case of an entry, and by a like oath or affirmation, to be taken and subscribed before any judge of the United States, or the judge of any court of record of a state, or before a collector of the customs of some other district. And in case of the payment of the duties, at the time of entry, by any factor or agent, on the goods entered by him, the collector shall take his bond with security, in the penalty of one thousand dollars, with condition, that the account, verified by the oath or affirmation of the bona fide owner or consignee, in manner as before directed, shall be delivered to the said collector, within ninety days.

SEC. 9. And be it further enacted, That all bonds, which may be given for any goods, wares, or merchandise exported from the United States after the last day of May next, and on which any drawback of duties, or allowance, shall be payable in virtue of such exportation, shall and may be discharged, and not otherwise, by producing, within one year from the date thereof, if the exportation be made to any part of Europe or America, or within two years, if made to any part of Asia or Africa, a certificate under the hand of the consignee at the foreign port or place, from consignee. to whom the said goods, wares or merchandise shall have been addressed therein particularly setting forth and describing the articles so exported, with their quantities or amount, and declaring that the same have been

Certificate

sul.

Certificate

How to pro

delivered from on board the vessel, in which they were exported, at the said place; as also, a certificate under the hand and seal of the consul or agent of the United States residing at the said place, declaring, either from consul that the facts stated in such consignee's certificate are, to his knowledge, true, or that the certificate of such consignee is, in his opinion, deserving of full credit: which certificate of the consignee and consul or agent, shall, in all cases, as respects the landing or delivery of the said goods, wares or merchandise, be confirmed by the oath of the mas- to be confirmed ter and mate, if living, or in case of their death, by the oath or affirma- by oath of caption of the two principal surviving officers of the vessel, in which the tain, &c. exportation shall be made. And in cases where there shall be no consul or agent of the United States, residing at the said place of delivery, the ceed where certificate of the consignee before required shall be confirmed by the there is no concertificate of two reputable American merchants residing at the said place; or if there be no such American merchants, then by the certificate of two reputable foreign merchants, testifying that the facts, stated in such consignee's certificate, are, to their knowledge, true, or that such consignee's certificate is, in their opinion, worthy of full credit; which certificates shall be supported by the oath or affirmation of the master and mate, or other principal officers of the vessel, in the manner before prescribed. And in cases of loss at sea, or by capture, or other unavoidable accident, or when, from the nature of the trade, the proofs and certificates before mentioned are not, and cannot be produced, the exporter or exporters shall be allowed to adduce, to the collector of the port of exportation, such other proofs, as they may have, and as the nature of the case will admit; which proofs shall, with a stating of all the circumstances attending the transaction, within the knowledge of such collector, be transmitted to the comptroller of the treasury, who shall, if he be satisfied with the truth and validity thereof, have power to direct the bonds of such exporter or exporters to be cancelled. APPROVED, February 26, 1795.

CHAP. XXXIII.—An Act to provide some present relief to the officers of govern ment, and other citizens, who have suffered in their property by the Insurgents in the western counties of Pennsylvania.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized to draw out of the treasury of the United States, the sum of eight thousand five hundred dollars, to be applied by him to aid such of the officers of government and other citizens, who have (in consequence of their exertions in support of the laws) sustained losses in their property, by the actual destruction thereof, by the insurgents in the western counties of Pennsylvania, as, in his opinion, stand in need of immediate assistance, to be by them accounted for, in such manner, as may hereafter be directed by law. APPROVED, February 27, 1795.

When certifi

cate cannot be produced,

proofs, &c. to be sent to the comptroller.

STATUTE II.

Feb. 27, 1795. [Obsolete.]

$8,500 appropriated for the present re. lief of certain persons.

STATUTE II.

CHAP. XXXV.-An Act for allowing an additional compensation to the Judges Feb. 27, 1795. of the districts of Rhode Island and Delaware.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be allowed to the judges of the districts of Rhode Island and Delaware, each, two hundred dollars yearly, in addition to the compensation heretofore allowed, to commence on the first day of the present year, and to be paid at the treasury of the United States, in quarterly payments. APPROVED, February 27, 1795.

[Obsolete.] $200 additional to judges

of R. Island and Delaware districts, respectively.

Ante, p. 128. 1801, ch. 29.

STATUTE II.

Feb. 28, 1795.

[Obsolete.]

In case of invasion President may issue orders to militia

officers.

CHAP. XXXVI.-An Act to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections, and repel invasions; and to repeal the Act now in force for those purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for Act of April the President of the United States to call forth such number of the 18, 1814, ch. 82. militia of the state, or states, most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to In case of in- issue his orders for that purpose, to such officer or officers of the militia, as he shall think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection.

surrection in a state President may when applied to by the state legislature, militia of other

&c. call out the

states.

President to

call out the militia to suppress

combinations against the laws of the United

States.

To issue proclamation.

a

Militia when in service to be subject to the articles of war.

Term of serIvice not to exceed three months, &c. Penalty on not

ders of the Pre

SEC. 2. And be it further enacted, That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States, to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress.

SEC. 3. Provided always, and be it further enacted, That, whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time.

SEC. 4. And be it further enacted, That the militia employed in the service of the United States, shall be subject to the same rules and articles of war, as the troops of the United States: And that no officer non-commissioned officer, or private of the militia shall be compelled to serve more than three months, after his arrival at the place of rendezvous, in any one year, nor more than in due rotation witn every other able-bodied man of the same rank in the battalion to which he belongs. SEC. 5. And be it further enacted, That every officer, non-commisobeying the or- sioned officer, or private of the militia, who shall fail to obey the orders of the President of the United States, in any of the cases before recited, cases before re- shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court martial; and such officer shall, moreover, be liable to be cashiered by sentence of a court martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court: And such non-commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month, for every five dollars of such fine.

sident in the

cited.

Courts martial.

Fines assessed

SEC. 6. And be it further enacted, That courts martial for the trial of militia shall be composed of militia officers only.

SEC. 7. And be it further enacted, That all fines to be assessed, as how to be levied. aforesaid, shall be certified by the presiding officer of the court martial, before whom the same shall be assessed, to the marshal of the district, in which the delinquent shall reside, or to one of his deputies, and also to the supervisor of the revenue of the same district, who shall record

the said certificate in a book to be kept for that purpose. The said marshal or his deputy shall forthwith proceed to levy the said fines with costs, by distress and sale of the goods and chattels of the delinquent ; which costs and the manner of proceeding, with respect to the sale of the goods distrained, shall be agreeable to the laws of the state, in which the same shall be, in other cases of distress. And where any non-commissioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found, whereof to levy the said fines, the marshal of the district, or his deputy, may commit such delinquent to gaol, during the term, for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner, as other persons condemned to fine and imprisonment at the suit of the United States may be committed.

SEC. 8. And be it further enacted, That the marshals and their deputies shall pay all such fines by them levied, to the supervisor of the revenue in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five per centum, as a compensation for their trouble; and in case of failure, the same shall be recoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interest and costs.

SEC. 9. And be it further enacted, That the marshals of the several districts, and their deputies, shall have the same powers in executing the laws of the United States, as sheriffs and their deputies, in the several states, have by law, in executing the laws of the respective states. SEC. 10. And be it further enacted, That the act, intituled "An act to provide for calling forth the militia, to execute the laws of the Union, suppress insurrections, and repel invasions, passed the second day of May one thousand seven hundred and ninety-two, shall be, and the same is hereby repealed.

APPROVED, February 28, 1795.

Fines, how levied.

1813, ch. 18.

Marshal to

pay over fines collected.

Marshals of

the districts to have the same

powers in executing the laws of U. States as

sheriffs in the states.

Former act repealed. Ante, p. 264.

CHAP. XXXVII.—An Act to continue in force for a limited time the acts therein

mentioned.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act, entitled "An act declaring the consent of Congress to an act of the state of Maryland passed the twenty-eighth of December one thousand seven hundred and ninety-three for the appointment of a health officer." And also the act, entitled "An act supplementary to the act for the establishment and support of lighthouses, beacons, buoys and public piers," so far as the same provides for defraying the necessary expense of supporting lighthouses, beacons, buoys and public piers and the stakeage of channels on the sea-coast. And also, so much of the act, intituled "An act to provide for mitigating or remitting the penalties and forfeitures accruing under the revenue laws in certain cases, and to make further provision for the payment of pensions to invalids," as relates to the mitigating or remitting the penalties and forfeitures accruing under the revenue laws in certain cases, be and the same hereby are continued in force until the end of the next session of Congress, and no longer. APPROVED, March 2, 1795.