expense of the consul or vice-consul, shall be detained until the consul or vice-consul finds an opportunity to send him back to the dominions of any such government. No person so arrested shall be detained more than two months after his arrest; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause. If any such deserter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cognizable, shall have pronounced its sentence, and such sentence shall have been carried into effect.

Act March 2, 1829, c. 41, 4 Stat. 359. Act Feb. 24, 1855, c. 123, 10 Stat. 614.

Provisions prescribing the powers of foreign consuls over disputes between seamen were made by R. S. §§ 4079-4081, ante, §§ 7629–7631.

TITLE LXVII

NEUTRALITY

This Title of the Revised Statutes included sections 5281-5291 thereof. The provisions contained therein were incorporated in the Criminal Code, in chapters 2 and 12, §§ 9-18, 303, thereof, post, §§ 10173-10182, 10476, and were repealed by section 341 of said Code, post, § 10515.

(R. S. §§ 5281-5291. Repealed.)

(4666)

§ 10130. (R. S. § 5292, as amended, Act Feb. 27, 1877, c. 69, § 1.) Upon summary investigation before district judge.

Whenever any person who shall have incurred any fine, penalty, or forfeiture, or disability, or may be interested in any vessel or merchandise which has become subject to any seizure, forfeiture, or disability by authority of any provisions of law for imposing or collecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels, and for regulating the same, or providing for the suppression of insurrections or unlawful combinations against the United States, shall prefer his petition to the judge of the district in which such fine, penalty, or forfeiture, or disability has accrued, truly and particularly setting forth the circumstances of his case, and shall pray that the same may be mitigated or remitted, the judge shall inquire, in a summary manner, into the circumstances of the case; first causing reasonable notice to be given to the person claiming such fine, penalty, or forfeiture, and to the attorney of the United States for such district, that each may have an opportunity of showing cause against the mitigation or remission thereof; and shall cause the facts appearing upon such inquiry to be stated and annexed to the petition, and direct their transmission to the Secretary of the Treasury. The Secretary shall thereupon have power to mitigate or remit such fine, forfeiture, or penalty, or remove such disability, or any part thereof, if, in his opinion, the same was incurred without willful negligence, or any intention of fraud in the person incurring the same; and to direct the prosecution, if any has been instituted for the recovery thereof, to cease and be discontinued, upon such terms or conditions as he may deem reasonable and just.

Act March 3, 1797, c. 13, § 1, 1 Stat. 506. Act Feb. 11, 1800, c. 6, 2 Stat. 7. Act March 2, 1803, c. 18, § 4, 2 Stat. 210. Act July 13, 1861, c. 3, § 8, 12

Stat. 257. Act May 20, 1862, c. 81, § 4, 12 Stat. 405. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.

This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by inserting, after the words "licensing vessels," the words "and for regulating the same," and by inserting, after the words "terms or conditions," the word "as," as set forth here.

Fines, penalties, or liabilities incurred under a statute were not released or extinguished by the repeal of the statute, by R. S. § 13, ante, § 14.

Provisions for the compromise of debts due the United States and for the discharge of poor debtors were contained in R. S. §§ 3469, 3471, 3472, ante, §§ 6375, 6377, 6378.

§ 10131. (R. S. § 5293, as amended, Act Feb. 27, 1877, c. 69, § 1.) Upon investigation under regulations of Secretary of Treasury. The Secretary of the Treasury is authorized to prescribe such rules and modes of proceeding to ascertain the facts upon which an application for remission of a fine, penalty, or forfeiture is founded, as he deems proper, and, upon ascertaining them, to remit the fine, penalty, or forfeiture, if in his opinion it was incurred without willful negligence or fraud, in either of the following cases:

First. If the fine, penalty, or forfeiture was imposed under authority of any revenue law, and the amount does not exceed one thousand dollars.

Second. Where the case occurred within either of the collectiondistricts in the States of California or Oregon.

Third. If the fine, penalty, or forfeiture was imposed under authority of any provisions of law relating to the importation of merchandise from foreign contiguous territory, or relating to manifests for vessels enrolled or licensed to carry on the coasting-trade on the northern, northeastern, and northwestern frontiers.

Fourth.

Fifth. If the fine, penalty, or forfeiture was imposed by authority of any provisions of law for levying or collecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels, and the case arose within the collection-district of Alaska, or was imposed by virtue of any provisions of law relating to fur-seals upon the islands of Saint Paul and Saint George.

Act July 14, 1832, c. 233, 4 Stat. 597. Act Sept. 28, 1850, c. 79, § 4, 9 Stat. 509. Act June 27, 1864, c. 164, § 8, 13 Stat. 198. Act July 18, 1866, c. 201, § 16, 14 Stat. 182. Act July 27, 1868, c. 273, §§ 8, 9, 15 Stat. 242. Act July 1, 1870, c. 185, § 9, 16 Stat. 179. Act July 1, 1870, c. 189, § 7, 16 Stat. 182. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 253.

This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by striking out, after the word "First," the words "If the fine, penalty, or forfeiture was imposed under authority of any provisions of law for imposing or collecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels, and the amount does not exceed fifty dollars," which constituted the first subdivision of the section as originally enacted, and by transposing the fourth subdivision so as to make it the first subdivision, as set forth here.

Provisions relating to the proceedings in court and before the Secretary of the Treasury for relief of persons charged with incurring fines, penalties, forfeitures, or disabilities other than imprisonment for violations of the customsrevenue laws were made by the Anti-Moiety Act of June 22, 1874, c. 391, §§ 17, 18, 20, post, §§ 10132–10134.

Provisions for remission of forfeitures and restoration of proceeds of sales of property seized and sold under the revenue laws, to be granted on applica

tion to the Secretary of the Treasury therefor, were made by R. S. § 3078, ante, § 5781.

Provisions for remission of fines, penalties, and forfeitures, etc., under laws relating to the officers, etc., or business of the postal service, on investigation by the Auditor of the Treasury for the Post-Office Department under rules, etc., prescribed by the Postmaster-General, by said Auditor with the written consent of the Postmaster-General, were made by R. S. § 409, ante, § 601.

§ 10132. (Act June 22, 1874, c. 391, § 17.) Petition to court for relief by persons charged with having incurred fines, etc., under customs-revenue laws; summary hearing by district judge; notice to district attorney and collector.

Whenever, for an alleged violation of the customs-revenue laws, any person who shall be charged with having incurred any fine, penalty, forfeiture, or disability other than imprisonment, or shall be interested in any vessel or merchandise seized or subject to seizure, when the appraised value of such vessel or merchandise is not less than one thousand dollars, shall present his petition to the judge of the district in which the alleged violation occurred, or in which the property is situated, setting forth, truly and particularly, the facts and circumstances of the case, and praying for relief, such judge shall, if the case, in his judgment, requires, proceed to inquire, in a summary manner into the circumstances of the case, at such reasonable time as may be fixed by him for that purpose, of which the district attorney and the collector shall be notified by the petitioner, in order that they may attend and show cause why the petition should be refused. (18 Stat. 189.)

This section and the two sections next following were part of the Anti-Moiety Act of June 22, 1874, c. 391, cited above.

See notes to section 2 of the act, ante, § 5796.

§ 10133. (Act June 22, 1874, c. 391, § 18.) Hearing; evidence; transmission to Secretary of Treasury.

The summary investigation hereby provided for may be held before the judge to whom the petition is presented, or if he shall so direct, before any United States commissioner for such district, and the facts appearing thereon shall be stated and annexed to the petition, and, together with a certified copy of the evidence, transmitted to the Secretary of the Treasury, who shall thereupon have power to mitigate or remit such fine, penalty, or forfeiture, or remove such disability, or any part thereof, if, in his opinion, the same shall have been incurred without willful negligence or any intention of fraud in the person or persons incurring the same, and to direct the prosecution, if any shall have been instituted for the recovery thereof, to cease and be discontinued upon such terms or conditions as he may deem reasonable and just. (18 Stat. 190.)

§ 10134. (Act June 22, 1874, c. 391, § 20.) Applicants to Secretary of Treasury for remission, etc., of fines, etc., to notify district attorney and collector; duty of district attorney and collector. Whenever any application shall be made to the Secretary of the Treasury for the mitigation or remission of any fine, penalty, or forfeiture, or the refund of any duties, in case the amount involved is not less than one thousand dollars, the applicant shall notify

the district attorney and the collector of customs of the district in which the duties, fine, penalty, or forfeiture accrued; and it shall be the duty of such collector and district attorney to furnish to the Secretary of the Treasury all practicable information necessary to enable him to protect the interests of the United States. (18 Stat. 190.)

§ 10135. (R. S. § 5294, as amended, Act Dec. 15, 1894, c. 7, and Act March 2, 1896, c. 37.) Remission of penalties under laws relating to vessels; informers' rights; manner of ascertaining facts.

The Secretary of the Treasury may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture provided for in laws relating to vessels or discontinue any prosecution to recover penalties or relating to forfeitures denounced in such laws, excepting the penalty of imprisonment or of removal from office, upon such terms as he, in his discretion, shall think proper; and all rights granted to informers by such laws shall be held subject to the Secretary's powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the remission of the penalty or forfeiture; 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.

Act Feb. 28, 1871, c. 100, § 64, 16 Stat. 458. Act Dec. 15, 1894, c. 7, 28 Stat. 595. Act March 2, 1896, c. 37, 29 Stat. 39.

This section, as enacted in the Revised Statutes, was as follows: "The Secretary of the Treasury may, upon application therefor, remit or mitigate any fine or penalty provided for in laws relating to steam-vessels, or discontinue any prosecution to recover penalties denounced in such laws, excepting the penalty of imprisonment, or of removal from office, upon such terms as he, 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 in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction, prior to the application 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."

It was amended by Act Dec. 15, 1894, c. 7, cited above, by changing "steamvessels," in the first sentence of the section to "vessels."

It was further amended by Act March 2, 1896, c. 37, last cited above, to read as set forth here.

The Secretary of the Treasury was authorized to remit penalties imposed and release vessels seized for violations of regulations adopted for the movements and anchorage of vessels in St. Mary's River, by Act March 6, 1896, c. 49, § 3, ante, § 9956.

The fines prescribed for the violation of R. S. § 4153, as amended by Act June 19, 1886, c. 421, § 5, ante, § 7730, R. S. § 4177, as amended by Act June 19, 1886, c. 421, § 6, ante, § 7757, and Act June 19, 1886, c. 421, §§ 7, 8, ante, §§ 8096, 8125, could be remitted or mitigated by the Secretary of the Treasury when the offense for which the fine was imposed was not willfully committed, by section 9 of said Act June 19, 1886, c. 421, ante, § 8126.

The Secretary of the Treasury was authorized to refund penalties imposed for violations of laws relating to vessels or seamen, by Act June 26, 1884, c. 121, § 26, post, § 10136.