Page:United States Statutes at Large Volume 18 Part 1.djvu/1100

 1028 Trrmu 1.xvm.—-FINES, PENALTIES, AND FORFEITURES. 1 July, 1870, c. relating to registering, recording, cnrollin, or licensing vessels, and the }§il· case arose within the collection-district 0 Alaska, or was imposed by lOl;;,,? ‘£°'i"{‘;; virtue of any (pgovisicgs of law relating to fur-seals upon the islands of Lana of U_ ’S_’ 6 Saint Paul an amt eorge. P t., 404. _ _ eR¤¤9i¤¤i¤¤ of Sec. 5294. The Secretary of the Treasury may, upon application there- P°"“l“°” ““d°’ for, remit or mitigate any fine or penalty provide for in laws relating to steam-vessels, or discontinue any prosecution to recover penalties 28 Feb-, 187L <¤· denounced in such laws, excepting the penaltvpf imprisonment, or of g# ”· 64* 16· p` removal from office, upon such terms as e, in his discretion, shall think ' proper; and all rights granted to informers by such laws shall be held subject to the Secretary’s power of remission, except ID cases where the claims of any informer to the share of any penalty s all have been determined by a court of competent jurisdiction, prior to the apphcation for the remission of the penalty; and the Secretary shall have authority to ascertain the facts upon all such applications, in such manner and under such regulations as he may deem proper. Oilicers and in- Sec. 5295. Any officer or other person entitled to or interested in a f<>!'m<*¤¤ mW be part or share of any fine, penalty, or forfeiture incurred under any law ». of the ['nited States, may be examined as a witness in any of the pro- 67‘§  {312,654;,; ceedings for the recovery of such fine, penalty. or forfeiture by either of JQ,,},, igj.4, cj the parties thereto, and such examination shall not deprive such witness 391,6. 8,1·.18, p.1§8. of his share or interest in such fine. penalty or forfeiture. d,Di$°h*"8$°f ’“‘ Sec. 5:296. lVhen a poor convict, sentenced by any court of the United J States to be imprisoned and pay a fine, or_ fine and cost, or to pay a hne, 235* *· "· “· *” *’· ZZ? “Z,“S$§€TE’ STZSYESE X"?.??` §'.1,l"`LT,`§'£S°`§.`§El,'l“I£2iZ¥l?i’§,i°LtiZ 1 8. - ’» 8 applibation in writing) to any commissioner of the United States court in the district where e is imprisoned setting forth his inability to pay such fine, or fine and costs, and after notice to the district attorney of the United States, who may appear, offer evidence, and be heard, the commissioner shall proceed to ear and determine the matter. If on examination it shall appear to him that such convict is unable to dpay such fine, or fine and costs, and that he has not any property excee ing twenty dollars in value, except such as is by law exempt from being taken on execution for debt, the commissioner shall administer to him the following oath: “I do solemnly swear that I have not any property, real or personal, to the amount of twenty dollars, except suc as is by law exempt from being taken on civil process for debt by the laws of (naming the State where oath IS adm1mstered ;) and that I have no property in any way conveyed or concealed, or in any way disposed of, or my future use or benefit. So help me God." _ [Ipon taking such oath such convict shall be discharged; and the commissioner shall give to the keeper of the jail a certificate setting forth the facts. [Sec! 1041]