TWENTY-EIGHTH CONGRESS. Sees. II. Ch. 22,24,25. 1845.
tent, and with the same equities, as it now does in cases of admiraltyand maritime jurisdiction; saving, however, to the parties the right oftrial by jury of all facts put in issue in such suits, where either partyshall require it; and saving also to the parties the right of a concurrentremedy at the common law, where it is competent to give it, and anyconcurrent remedy which may be given by the State laws, where suchsteamer or other vessel is employed in such business of commerce andnavigation.
Approved, February 26, 1845.
Chap. XXII .—An Act explanatory of an act entitled “An act making appropria-tions for the civil and diplomatic expenses of Government for the year one thou-sand eight hundred and thirty-nine,''' (a)
Be it enacted hy the Senate and House of Representatives of theUnited. States of America in Congress assembled, That nothing con-tained in the second section of the act entitled “An act making appro-priations for the civil and diplomatic expenses of Government for theyear one thousand eight hundred and thirty-nine,” approved on the thirdday of March, one thousand eight hundred and thirty-nine, shall takeaway, or be construed to take away or impair, the right of any personor persons who have paid or shall hereafter pay money, as and for duties,under protest, to any collector of the customs, or other person acting assuch, in order to obtain goods, wares, or merchandise, imported by himor them, or on his or their account, which duties are not authorized orpayable in part or in whole by law, to maintain any action at law againstsuch collector, or other person acting as such, to ascertain and try thelegality and validity of such demand and payment of duties, and to havea right to a trial by jury, touching the same, according to the due courseof law. Nor shall any thing contained in the second section of the actaforesaid be construed to authorize the Secretary of the Treasury torefund any duties paid under protest; nor shall any action be main-tained against any collector, to recover the amount of duties so paidunder protest, unless the said protest was made in writing, and signedby the claimant, at or before the payment of said duties, setting forthdistinctly and specifically the grounds of objection to the paymentthereof.
Approved, February 26, 1845.
Chap. XXIV .—An Act to authorize the South Carolina Railroad Company toimport certain pipes and machinery free of duty .
Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That the South Caro-lina Railroad Company be, and hereby is, authorized to import into theUnited States , without payment of duties thereon, all such pipes as havebeen or may be invented or used for the application of the atmosphericpressure as a propelling power on railroads, not to exceed what is suffi-cient for a road one mile in length, and also all the machinery connect-ed therewith, or which is necessary for the use and working thereof,under such regulations as the Secretary of the Treasury may prescribe.
Approved, February 26, 1845.
Chap. XXV .—in Act to amend an act entitled “An act to carry into effect, in theStates of Alabama and Mississippi, the existing compacts with those States withregard to the five per cent, fund and the school reservations."
Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That so much of the
727
Statute IT.Feb. 26, 1845.
Constructionof 2d section ofact 3d March1839, ch. 82,sec. 2, relativeto duties paidunder protest.
Sec. Treas. toprescribe theregulations ofimportation.
(a) See notes to the act of March 3,1839, chap. 81,