TWENTY-SECOND CONGRESS. Sess. I. Ch. 233. 1832.
597
Statute I.
Chap. CCXXXIII. —An Act to amend the act entitled “An act to provide for miti-gating or remitting the forfeitures , penalties, and disabilities accruing in certaincases therein mentioned” (a)
JBe it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That in all cases of fine,penalty, or forfeiture, mentioned and embraced in the act entitled “An
July 14, 1832.
Secretary ofthe Treasury toprescribe rules.
(a)Acts which have been passed relating to the mitigation and remission of forfeitures, penalties, anddisabilities.
Remission of fines, 'penalties, forfeitures, and disabilities :
An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenuelaws in certain cases, May .26, 1790, ch. 12. (Expired.)
An act to continue in force “ An act to provide for mitigating or remitting the forfeitures and pen-alties accruing under the revenue laws, in certain cases, 5 ’ &c., May 8, 1792, ch. 35. (Obsolete.)
An act to continue in force for a limited time the acts therein mentioned, March 2, 1795, ch. 37.(Expired.)
An act directing the Secretary of the Treasury to remit fines, forfeitures and penalties, in certaincases, Jan. 2, 1813, ch. 7. (Obsolete.)
An act authorizing the admission, under certain circumstances,of vessels owned by citizens of theUnited States of America, with their cargoes, from British ports beyond the Cape of Good Hope , Jan.27, 1813, ch. 14. (Obsolete.)
An act directing the Secretary of the Treasury to remit certain fines, penalties, and forfeitures thereinmentioned, Feb. 27, 1813, ch. 33. (Obsolete.)
An act to provide for mitigating and remitting the forfeitures, penalties and disabilities accruing incertain cases therein mentioned, March 3, 1797, ch. 13.
[By the fourth section of this act, it was to continue in force for two years, and thence to the end ofthe next session of Congress *. This section was afterwards repealed by act of Feb. 11, 1800, ch. 6.]
An act to repeal part of “ An act to provide for mitigating and remitting the forfeitures, penaltiesand disabilities accruing in certain bases therein mentioned, 55 and to continue in force the residue of thesame, Feb. 11, 1800, ch. 6.
An act further to regulate the entry of merchandise imported into the United States , from any adja-cent territory, March 2, 1821, ch. 14, sec. 3.
An act supplementary to and to amend an act, entitled “ An act to regulate the collection of dutieson imports and tonnage, 55 passed second March, 1799, and for other purposes, March 1, 1823, ch. 21,sec. 35.
An act to amend an act, entitled “An act to provide for mitigating or remitting the forfeitures, pen-alties and disabilities therein mentioned, 55 July 14, 1832, ch. 233.
Suits for fines, penalties, and forfeitures:
An act to regulate the collection of duties on imports and tonnage, March 2, 1799, ch. 22, sec. 89.
An act further to provide for the collection of duties on imports and tonnage, March 3, 1815, ch.93, sec. 5.
An act further to regulate the entry of merchandise imported into the United States from any adjacentterritory, March 2, 1821, ch. 14, sec. 3.
An act supplementary to and to amend an act, entitled “ An act to regulate the collection of dutieson imports and tonnage, 55 passed March 2, 1799, and for other purposes, March 1, 1823, ch. 20, sec. 35.
An act for the more effectual collection of the impost duties, May 28, 1830, ch. 147, sec. 7.
Limitation of suits for fines, penalties, and forfeitures ;
An act for the punishment of certain crimes against the United States , April 30,1790, ch. 9, sec. 31.
An act to regulate the collection of duties on imports and tonnage, March 2, 1799, ch. 22, sec. 89.
An act in addition to an act entitled “ An act for the punishment of certain crimes against the UnitedStates , March 26, 1804, ch. 40, sec. 3.
An act for the regulation of seamen on board the public and private armed vessels of the UnitedStates , March 3, 1813, c\\. 42, sec. 14.
Distribution of fines, penalties , and forfeitures :
An act to regulate the collection of duties on imports and tonnage, 1799, ch. 22, sec. 91.
An act to prohibit intercourse with the enemy, and for other purposes, Feb. 4,1815, ch. 31, sec. 7.
An act further to provide for the collection of duties on imports and tonnage, March 3, 1815, ch. 93,sec. 5.
An act further to regulate the entry of merchandise imported into the United States from any adjacentterritory, March 2, 1821, ch. 14, sec. 3.
An act supplementary to and to amend an act entitled “An act to regulate the collection of duties onimports and tonnage, 55 passed March 2, 1799, and for other purposes, March 1, 1823, ch. 20, sec. 35.
Decisions of the courts of the United States on the remission and distribution of the proceeds of penaltiesand forfeitures :
Action of indebitatus assumpsit, was brought by the officers of the revenue cutter of the district ofDelaware , for one half of the forfeiture incurred for a violation of the non-intercourse law', by a vesselseized by the collector of Delaware , on the information of the plaintiffs, and sent by him to the districtof Pennsylvania for trial, where she was condemned, and the amount of the forfeiture was received by thedefendant, the collector of the port of Philadelphia . Held, 1st. The information to induce a seizureneed not be as full as the evidence in the case would authorize to condemn. It is sufficient if it inducedthe prosecution. 2d. It is not necessary that the officers of the revenue cutter should, where they gavethe information, make a claim for a part of the forfeiture ; or that they should take any part in the pro-secution of the case, to entitle them to a portion of the proceeds. 3d. The consent of the plaintiffs thatthe vessel should be sent from the district of Delaware, to the district of Pennsylvania ; or a disavowalby them, of having instituted this suit, does not constitute a waiver of their right to their share of the