Page:United States Statutes at Large Volume 18 Part 1.djvu/1099

 Tina Lxvur.—F1NES,_ PENALTIES, AND FORFEITURES. 1027 TITLE LXVIII. REMISSION OF FINES, PENALTIES, AND FORFEITURFJS. $66- Sec. 5292. Upon summary investigation before l 5294. Remission of penalties under steandistrict judge. _ boat laws. 5293. Upon investigation under regula- { 5295. Officers and informer-s maybe wit.- nous of Secretary of Treasury. nesses. l 5296. Discharge of indigent convicts. Sec. 5292. Whenever any person who shall have incurred any fine, Upon summary penalty, or forfeiture, or disa ility, or may be interested in any vessel or l“""“*l¥”Fl°'E b°‘ merchandise which has become subject to any seizure, forfeiture, or dis- .flg°° ability by authority of any provisions of law for imposing or collecting 3 MM`-. 1797. C- any duties or taxes, or re atin to registerin, recording, enrolling, or 13,;*-,,1- 1,],},0506- licensing vessels, [and for reguiting the SRI11B5D!` providing for the sup- 6 V 2c,,"-; ’ °` gression of insurrections or unlawful combinations against the United iziuér., 1303, r-. tates, shall prefer his petition to the judge of the district in which such 18- S- 4. V- 2. P- 210- fine, penalty, or forfeiture, or disabilit has accrued, truly and particu— 3 138J“l1,g186r £· larly setting forth the circumstances ofv his case, and shall pray that the 'gb 1;,;;,, jg6g5i.; same. may be mitigated or remitted, the judge shall inquire, in a summary 81,s.4,v.l,2, p. dm. manner, into the circumstances of the case; first causing reasonable notice 22 huge. 1874. c- to be given to the rson claiming such fine, penalty, or forfeiture, and 23,} ·°· 1‘· "· Uh I'- to the attorney ofxthe United States for such district, that each may 2é Ju", 187, ,._ have an opportunity of showinv cause against the mitigation or remission 39], ,8, 1g,`19,.-_ Hs, thereof; and shall cause the facts appearing u n such inquiry to be p- 190. _ stated and annexed to the petition, and direct their transmission to the ,,222 ·{‘§"·· lggip "· Secretary of the Treasury. The Secretary shall thereupon have power to " g2M,,;_p'1B7g' v_ mitigate or remitsuch fine,forfeiture, or penalty,or remove such disabilit r, 136, v, 18; p, 46b, or any rt thereof, if, in his opinion, the same was incurred without will 27 Feb-. 1877, v- ful neglizence, or any intention of fraud in the person incurring the same; 62- "· l9· P- 202- _ and to direct the prosecution, if any has been instituted for the recovery U. S. r. Morris, thereof, to cease and be discontinued, upon such terms or conditions [as] 10 Wh-. 2-16; The he may deem reasonable and just. [su ss nm. wi. sm. 6530.1 $,,;f,>’ ·gj;_k‘m garetta and Cargo, 2 Gall., 515; Ship Cotton Planter, 1 Paine, 23; J ungblutli r. Redfield, 4 Blatch., 219; Galligo et al. r. U. S., 1 Brock., 439; The Palo Alto, Davies. 3-13; U.S. c. Lancaster, 4 Wash., 64; Hollan and Cargo, 1 Mas., 431. Sec. 5293. The Secretary of the Treasury is authorized to prescribe _Up<>¤ iuvwtispsuch rules and modes of proceeding to ascertain the facts upon which an  “"?‘§ "°Q“ “j application for remission of a. fine, penalty, or forfeiture is founded, as of T28gS,,,°;,2r° ari he deems proper, and, upon ascertaining them, to remit the fine, penalty. -———--- or forfeiture, if in his opinion it was incurred without willful negligence 23:]* *21* 1:32 "- or fraud, in either of the following cases: 2g`_j,,,;f°‘18{4 ,,_ First.  t/uz_/ine, penalty, or forfeiture was inqaosed under aut/wrily of 391, as. 19,,20;. is, any pravzawm of law for ·i·mpoxinq or collecting any duties or tures, or rvlat- p- 190. ing to registering, recording, enrolling, or licensing vessels, and the amount 2222 ·€‘],”·· 1%% "· does not ea·¢»ed_/{fly dollars.] [If the fine, penalty, or forfeiture was im- g Mwj pj8m' (_ posed under authority of any revenue law, and the amount does not 136,s.2,v.’18,p.-ice. exceed one thousand dollars.] 27 Fvb-. 1877. <*- Second. Where the case occurred within either of the collection-districts 6g5g`-Q;9·tP·,g· _ in the States of California or Oregon. 79 sj, fig ,,_ 56;,: Third. If the line, penalty, or forfeiture was imposed under authority 27 June, ,186-}, c. of any provisions of law relating to the importation of merchandise 164.s-8.v-13,p.198- from forei n contiguous territory, or relating to manifests for vessels mg ·lglY·1g87(§,.;- enrolled or2icensed to carry on the coasting-trade on the northern, north- ’S' ’v' ’P'' eastern, and northwestern frontiers. 18 Jul 1866 _ lF””"”‘·1 201,s.1c,lT14,p.isié Fifth. If the fine, penalty, or forfeiture was imposed by authority of 27 July, ises, c, any provisions of law for levying or collecting any duties or taxes. or 273,;;:- 8. 9. v- 15.