Page:United States Statutes at Large Volume 14.djvu/176

been incurred; and when any sumwhen payment is made without suit or before judgment. is paid without suit, or before judgment, in lieu of fine, penlly [penalty], or forfeiture, and a share of the same is claimed by any person as informer, the Secretary of the Treasury, under general regulations to be by him prescribed, shall determine whether any claimant is entitled to such share as above limited, and to whom the same shall be paid, and shall make payment accordingly. It is hereby declared to be the true intent and meaning of the present and all previous provisions of internal revenue acts granting shares to informers, that no right accrues to or is vestedNo right accrues to an informer until, &c. in any informer in any case until the fine, penalty, or forfeiture in such case is fixed by judgment or compromise and the amount or proceeds shall have been paid, when the informer shall become entitled to his legal share of the sum adjudged or agreed upon and received: Provided, ThatPower to remit fines, &c. not affected. nothing herein contained shall be construed to limit or affect the power of remitting the whole or any portion of a fine, penalty, or forfeiture conferred on the Secretary of the Treasury by existing laws. The commissionerCommissioner may compromise cases whether pending or otherwise. of internal revenue shall be, and is hereby, authorized and empowered to compromise, under such regulations as the Secretary of the Treasury shall prescribe, any case arising under the internal revenue laws, whether pending in court or otherwise. The several circuit and district courts ofWhat courts to have jurisdiction. the United States shall have jurisdiction of all offences against any of the provisions of this act committed within their several districts: Provided,In civil actions for penalties, if informer is witness, the other party may be. That whenever in any civil action for a penalty the informer may be a witness for the prosecution, the party against whom such penalty is claimed may be and shall be admitted as a witness on his own behalf. Every person who shall receive any money or other valuable thing underPenalty for receiving money under threat of informing or for not informing. a threat of informing or as a consideration for not informing against any violation of this act, shall, on conviction thereof, be punished by a fine not exceeding two thousand dollars, or by imprisonment not exceeding one year, or both, at the discretion of the court, with costs of prosecution.

Repeal of §§ 2, 5, 8, 9, 10, and 12 of act of 1865, ch. 78.
Vol. xiii. pp. 483-5. Sec. 9, [bis.] And be it further enacted, That sections two, five, eight, nine, ten, and twelve of the act entitled "An act to amend an act entitled 'An act to provide internal revenue to support the government, to pay interest on the public debt, and for other purposes,' approved June thirtieth, eighteen hundred and sixty-four," approved March third, eighteen hundred and sixty-five, be, and the same are hereby, repealed.

Section 6.
Persons, &c. using notes of State banks as circulation after August 1, 1866, to pay a tax of ten per cent thereon. That section six of the act of March third, eighteen hundred and sixty-five, entitled "An act to amend an act entitled 'An act to provide internal revenue to support the government, to pay interest on the public debt, and for other purposes,' " approved June thirty, eighteen hundred and sixty-four, be amended by striking out all after the enacting clause, and inserting in lieu thereof the following: That every national banking association, State bank, or State banking association, shall pay a tax of ten per centum on the amount of notes of any person, State bank, or State banking association, used for circulation and paid out by them after the first day of August, eighteen hundred and sixty-six, and such tax shall be assessed and paid in such a manner as shall be prescribed by the commissioner of internal revenue.

Section 14.
Vol. xiii. p. 486.
Capital of State bank ceasing to exist, &c. to be the capital as it was when bank ceased to exist.

That section fourteen of the same act shall be amended by striking out all after the enacting clause, and inserting in lieu thereof the following: That the capital of any State bank or banking association which has ceased or shall cease to exist, or which has been or shall be converted into a national bank, shall be assumed to be the capital as it existed immediately before such bank ceased to exist or was converted as aforesaid; and whenever the outstanding circulationCirculation of not over five per cent of capital exempt from tax. of any bank, association, corporation, company, or person shall be reduced to an amount not exceeding five per centum of the chartered or declared capital existing at the time the same was issued, said circulation shall be free from taxation; and whenever any bank which has ceasedBanks ceasing to issue circulating notes, &c. to be exempt. to issue notes for circulation shall deposit in the treasury of the United States, in lawful money, the amount