Provision in

case of perishable property.

attempted to be evaded, to be recovered and applied as other penalties provided by the act heretofore mentioned. And the spirits and other ar- Custody of ticles which shall be so seized by any collector or deputy collector shall, property during pendency of produring the pendency of such proceedings, be delivered to the marshal of ceedings. said district, and remain in his care and custody, and under his control, until final judgment in such proceedings shall be rendered: Provided, however, That when the property so seized may be liable to perish or become greatly reduced in value by keeping, or when it cannot be kept without great expense, the owner thereof or the marshal of the district may apply to the assessor of the district to examine said property; and if, in the opinion of said assessor, it shall be necessary that the said property should be sold to prevent such waste or expense, he shall appraise the same; and the owner thereupon shall have said property returned to him upon giving boud in such form as may be prescribed by the commissioner of internal revenue, and in an amount equal to the appraised value, with such sureties as the said appraiser shall deem good and sufficient, to abide the final order, decree, or judgment of the court having cognizance of the case, and to pay the amount of said appraised value to the marshal or otherwise, as he may be ordered and directed by the court, which bond shall be filed by said appraiser with the commissioner of internal revenue. But if said owner shall neglect or refuse to give said bond, the appraiser shall issue to the marshal aforesaid an order to sell the same. And the said marshal shall thereupon advertise and sell the said property at public auction in the same manner as goods may be sold on final execution in said district. And the proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be paid to the court aforesaid, to abide its final order, decree, or judgment.

SEC. 3. And be it further enacted, That all distilled spirits upon which Certain disan excise duty is imposed by law may be exported without payment of tilled spirits may be exported said duty, and, when the same is intended for exportation, may, without without payment being charged with duty, be removed under such rules and regulations of duty. and upon the execution of such transportation bonds or other security as the Secretary of the Treasury may prescribe; said bonds or other security to be taken by the collector of internal revenue of the district from which such removal is made: Provided, That the said spirits shall be transported directly from the distillery or a bonded warehouse to a bonded warehouse established in conformity with the law and treasury regulations, at a port of entry of the United States, and used for the storage of distilled spirits, and be placed in charge of a proper officer of the customs, who, together with the owner and proprietor of the warehouse, shall have the joint custody of all the distilled spirits stored in said warehouse. And all the labor on the goods so stored shall be performed by the owner or proprietor of the warehouse, under the supervision of the officer of the customs in charge of the same, and at the expense of the said owner or proprietor; and the said spirits shall also be subject to the same rules and regulations, and be chargeable with the same costs and expenses, in all respects, to which other goods that are deposited in public store for exportation from the United States may be subject. And no drawback shall in any case be allowed on any distilled spirits upon which an excise duty allowed, &c. shall have been paid either before or after it shall have been placed in a bonded warehouse as aforesaid; but no provision of this act shall be con- Certain laws strued to repeal existing laws which provide that distilled spirits may be not repealed hereby. removed from the place of manufacture or bonded warehouse for the purpose of being redistilled for exportation, or which provide for the manufacture for exportation of medicines, preparations, compositions, perfumery, and cosmetics; or which provide for an allowance or drawback on cordials and other liquors when exported.

Drawback not

SEC. 4. And be it further enacted, That from and after the passage of Duty on cotthis act, in lieu of the duties provided in the act referred to in the first ton.

with intent to

section of this act, there shall be levied, collected, and paid upon all cotton produced or sold and removed for consumption, and upon which no duty has been levied, paid, or collected, a duty of two cents per pound; and such duty shall be and remain a lien thereon until said duty shall have been paid, in the possession of any person whomsoever. And further, if Penalty for re- any person or persons, corporation or association of persons remove, moving cotton, carry, or transport the same, or procure any other party or parties to evade, &c., duty remove, carry, or transport the same from the place of its production, with the intent to evade the duty thereon, or to defraud the government, before said duty shall have been paid, such person or persons, corporation, or association of persons shall forfeit and pay to the United States double the amount of said duty, to be recovered in any court of compeCotton sold by tent jurisdiction: Provided, That all cotton sold by or on account of the government. government of the United States shall be free and exempt from duty at the time of and after the sale thereof, and the same shall be marked free, and the purchaser furnished with such a bill of sale as shall clearly and accurately describe the same, which shall be deemed and taken to be a permit authorizing the sale or removal thereof.

Duty to be bales, &c.

moval.

Duties of as

sessors and col

lectors in assess

ing and collect ing the duty.

SEC. 5. And be it further enacted, That every collector to whom any marked on the duty upon cotton shall be paid shall mark the bales, or rather [other] packages, upon which the duty shall have been paid, in such manner as may clearly indicate the payment thereof, and shall give to the owner, or Permit for re- other person having charge of such cotton, a permit for the removal of the same, stating therein the amount and payment of the duty, the time and place of payment, the weight and marks upon the bales and packages, so that the same may be fully identified. Whenever any cotton, the product of the United States, shall arrive at any port of the United States from any state in insurrection against the government, the assessor or assistant assessor, under the act referred to in the first section of this act, shall immediately assess the taxes due thereon, and shall, without delay, return the same to the collector or deputy collector of said district, and the said collector or deputy collector shall demand of the owner or other person having charge of such cotton, the tax imposed by this act, and assessed thereon, unless evidence of previous payment of said tax shall be produced, under such regulations as the commissioner of internal revenue, by the direction of the Secretary of the Treasury, shall from time to time prescribe; and in case the tax so assessed shall not be paid to such collector within thirty days after demand, the collector or deputy collector, as aforesaid, shall institute proceedings for the recovery of the tax, which shall be a lien upon said cotton from the time when said assessment shall be made.

Drawback.

Additional

duties on distilled spirits.

SEC. 6. And be it further enacted, That, from and after the date on which this act takes effect, in computing the allowance or drawback upon articles manufactured exclusively of cotton when exported, there shall be allowed, in addition to the three per centum duty which shall have been paid on such articles, a drawback of two cents per pound upon such articles in all cases where the duty imposed by this act upon the cotton used in the manufacture thereof shall be satisfactorily shown to have been previously paid, the amount of said drawback to be ascertained in such manner as may be prescribed by the commissioner of internal revenue, under the direction of the Secretary of the Treasury.

SEC. 7. And be it further enacted, That, from and after the passage of this act, in addition to the duties heretofore imposed by law, there shall be levied, collected, and paid on spirits distilled from grain or other materials, whether of American or foreign production, imported from foreign countries previous to the first day of July next, of first proof, a duty of forty cents on each and every gallon, and no lower rate of duty shall be levied or collected than upon the basis of first proof, and shall be increased in proportion for any greater strength than the strength of first proof; and

Absence or

to imprisonment beyond the limits of said district to the place of confinement, receiving therefor the actual expenses of himself, guard, and of each convict. And in case of absence or other disability of said warden, the warden of said jail, having the custody of said convicts, shall, upon order disability of as aforesaid, transport them to the place of confinement, receiving therefor the compensation aforesaid.

SEC. 4. And be it further enacted, That said warden shall, before entering upon the duties of the office, execute to the United States a bond for the faithful performance of the duties thereof in the penal sum of five thousand dollars, with sureties to be approved by some judge of the supreme court of said district.

SEC. 5. And be it further enacted, That all acts and parts of acts coming in conflict with the provisions of this act be, and the same are hereby, repealed.

APPROVED, February 29, 1864.

CHAP. XVII.

· An Act supplementary to an Act entitled "An Act to provide Ways and Means for the Support of the Government," approved March third, eighteen hundred and sixty-three.

warden.

Bond.

Repealing clause.

March 3, 1864.

1863, ch. 73. Vol. xii. p. 709.

Secretary of the Treasury may borrow not

therefor five

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in lieu of so much of the loan authorized by the act of March third, eighteen hundred and sixtythree, to which this is supplementary, the Secretary of the Treasury is over $200,000, authorized to borrow, from time to time, on the credit of the United 000, and issue States, not exceeding two hundred millions of dollars during the current forty bonds or fiscal year, and to prepare and issue therefor coupon or registered bonds five per cent., of the United States, bearing date March first, eighteen hundred and principal and interest payable sixty-four, or any subsequent period, redeemable at the pleasure of the in coin. government after any period not less than five years, and payable at any period not more than forty years from date, in coin, and of such denominations as may be found expedient, not less than fifty dollars, bearing interest not exceeding six per centum a year, payable on bonds not over one hundred dollars, annually, and on all other bonds semi-annually, in coin; and he may dispose of such bonds at any time, on such terms as he may deem most advisable, for lawful money of the United States, or, at his discretion, for treasury notes, certificates of indebtedness, or certificates of deposit, issued under any act of congress; and all bonds issued under this act shall be exempt from taxation by or under state or municipal authority. And the Secretary of the Treasury shall pay the necessary expenses of the preparation, issue, and disposal of such bonds out of any money in the treasury not otherwise appropriated, but the amount so paid shall not exceed one half of one per centum of the amount of the bonds so issued and disposed of.

Denominations How disposed. Exempt from taxation.

subscribers.

SEC. 2. And be it further enacted, That the Secretary of the Treasury Five-twenty bonds may be is hereby authorized to issue to persons who subscribed on or before the issued to certain twenty-first day of January, eighteen hundred and sixty-four, for bonds redeemable after five years and payable twenty years from date, and have paid into the treasury the amount of their subscriptions, the bonds by them respectively subscribed for, not exceeding eleven millions of dollars, notwithstanding that such subscriptions may be in excess of five hundred millions of dollars; and the bonds so issued shall have the same force and effect as if issued under the provisions of the act to "authorize the issue of United States notes and for other purposes," approved February Vol. xii. p. 345. twenty-sixth [fifth], eighteen hundred and sixty-two.

APPROVED, March 3, 1864.

VOL. XIII. PUB.. 2

-

1862, ch. 33.

investments.

Limitation of That the whole amount of stock held by the institution at one time in any one bank, both by way of investment and as a surety for loans, shall not exceed one half of its capital stock of such bank, and that not more than three quarters of the whole sum deposited in the institution shall be at any one time invested in mortgages of real estate. The income or interest of all deposits shall be divided among the depositors, or their legal representatives, according to the terms of interest stipulated; and the Principal, how principal may be withdrawn at such times, or in such manner, as the corporation shall in its by-laws direct.

Dividends.

withdrawn.

Officers, &c., not to borrow of corporation.

Penalty for embezzling funds.

Bond and sala

officers.

SEC. 5. And be it further enacted, That no officer, director, or committee charged with the duty of investing the deposits, shall borrow any portion thereof, or use the same, except in payment of the expenses of the corporation; and if any officer, director, agent, or other person connected with said bank, and interested with the funds or deposits thereof, shall embezzle or fraudulently convert the same to his own use, he shall be deemed guilty of larceny, and shall, on conviction thereof, by any court competent to try the offence, be imprisoned in the penitentiary not less than one, nor more than ten, years.

SEC. 6. And be it further enacted, That the subordinate officers and ry of subordinate agents of said corporation shall respectively give such security for their fidelity and good conduct as the board of managers may from time to time require, and said board shall fix the salaries of such officers and agents.

Trustees and managers.

SEC. 7. And be it further enacted, That the persons named as corpoOrganization. rators in the first section of this act shall be authorized to meet and organize said bank by the election of one of their number as president, and one as vice-president, and thereupon shall proceed to elect such persons as they shall select, not herein named as corporators, to be added to their board of managers, so that the whole number of trustees, or managers, including the president and vice-president, shall not exceed nine persons. SEC. 8. And be it further enacted, That this corporation shall make Annual report; an annual report to congress of their funds and investments. Said returns shall specify the following particulars, namely: The number of depositors; total amount of deposits; amount invested in bank stock and deposited in bank on interest; amount secured by bank stock; amount invested in public funds; loans on security of public funds; loans on mortgage of real estate; loans on personal securities; amount of cash on hand; total dividends of the year; annual expenses of the institution ; all of which shall be certified and sworn to by the treasurer; and five or more of the managers shall also certify and make oath that the said return is correct according to their best knowledge and belief.

to be sworn to.

Books of corpo

SEC. 9. And be it further enacted, That the books of said corporation ration to be open, shall, at all times during their hours of business, be open for inspection and examination to the comptroller of the currency or depositors.

&c.

SEC. 10. And be it further enacted, That said corporation may make By-laws; seal; by-laws for the more orderly management of their business, not repugdeeds, &c. nant to law; may have a common seal, which they may change at pleasure; that all deeds, grants, covenants, and agreements, made by their treasurer, or any other person by their authority, shall be good and valid; and said corporation shall have power to sue and may be sued, defend, and be held to answer by the name aforesaid.

When act to take effect.

March 8, 1864.

SEC. 11. And be it further enacted, This act shall take effect and be in force from and after its passage.

APPROVED, March 8, 1864.

СНАР. ХХІІI. - An Act to enable Guardians and Committees of Lunatics, appointed in the several States, to act within the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for any

Custody of

Provision in

case of perishable property.

attempted to be evaded, to be recovered and applied as other penalties. provided by the act heretofore mentioned. And the spirits and other articles which shall be so seized by any collector or deputy collector shall, property during during the pendency of such proceedings, be delivered to the marshal of pendency of proceedings. said district, and remain in his care and custody, and under his control, until final judgment in such proceedings shall be rendered: Provided, however, That when the property so seized may be liable to perish or become greatly reduced in value by keeping, or when it cannot be kept without great expense, the owner thereof or the marshal of the district may apply to the assessor of the district to examine said property; and if, in the opinion of said assessor, it shall be necessary that the said property should be sold to prevent such waste or expense, he shall appraise the same; and the owner thereupon shall have said property returned to him upon giving boud in such form as may be prescribed by the commissioner of internal revenue, and in an amount equal to the appraised value, with such sureties as the said appraiser shall deem good and sufficient, to abide the final order, decree, or judgment of the court having cognizance of the case, and to pay the amount of said appraised value to the marshal or otherwise, as he may be ordered and directed by the court, which bond shall be filed by said appraiser with the commissioner of internal revenue. But if said owner shall neglect or refuse to give said bond, the appraiser shall issue to the marshal aforesaid an order to sell the same. And the said marshal shall thereupon advertise and sell the said property at public auction in the same manner as goods may be sold on final execution in said district. And the proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be paid to the court aforesaid, to abide its final order, decree, or judgment.

Certain dis

SEC. 3. And be it further enacted, That all distilled spirits upon which an excise duty is imposed by law may be exported without payment of tilled spirits may be exported said duty, and, when the same is intended for exportation, may, without without payment being charged with duty, be removed under such rules and regulations of duty. and upon the execution of such transportation bonds or other security as the Secretary of the Treasury may prescribe; said bonds or other security to be taken by the collector of internal revenue of the district from which such removal is made: Provided, That the said spirits shall be transported directly from the distillery or a bonded warehouse to a bonded warehouse established in conformity with the law and treasury regulations, at a port of entry of the United States, and used for the storage of distilled spirits, and be placed in charge of a proper officer of the customs, who, together with the owner and proprietor of the warehouse, shall have the joint custody of all the distilled spirits stored in said warehouse. And all the labor on the goods so stored shall be performed by the owner or proprietor of the warehouse, under the supervision of the officer of the customs in charge of the same, and at the expense of the said owner or proprietor; and the said spirits shall also be subject to the same rules and regulations, and be chargeable with the same costs and expenses, in all respects, to which other goods that are deposited in public store for exportation from the United States may be subject. And no drawback shall in any case be allowed on any distilled spirits upon which an excise duty allowed, &c. shall have been paid either before or after it shall have been placed in a bonded warehouse as aforesaid; but no provision of this act shall be construed to repeal existing laws which provide that distilled spirits may be not repealed hereby. removed from the place of manufacture or bonded warehouse for the purpose of being redistilled for exportation, or which provide for the manufacture for exportation of medicines, preparations, compositions, perfumery, and cosmetics; or which provide for an allowance or drawback on cordials and other liquors when exported.

Drawback not

Certain laws

SEC. 4. And be it further enacted, That from and after the passage of Duty on cotthis act, in lieu of the duties provided in the act referred to in the first ton.