394 APPENDIX TO BRITISH COUNTER CASE. 



remain due and unpaid, in the proper court having cognizance 

 thereof: Provided, that in all cases in which suits or prosecutions 

 shall be commenced for the recovery of duties or pecuniary penalties 

 prescribed by the laws of the United States, the person or persons 

 against whom process may be issued, shall and may be held to special 

 bail, subject to the rules and regulations which prevail in civil suits 

 in which special bail is required: And provided also, that if the 

 principal in any bond which shall be given to the United States for 

 duties on goods, wares or merchandise imported, or other penalty, 

 either by himself, his factor, agent, or other person for him, shall be 

 insolvent, or if such principal being deceased, his, or her estate and 

 effects, which ^hall come to the hands of his or her executors, adminis- 

 trators or assignees, shall be insufficient for the payment of his or her 

 debts, and if in either of the said cases, any surety on the said bond 

 or bonds, or the executors, administrators or assignees of such surety 

 shall pay to the United States the money due upon such bond or 

 bonds, such surety, his or her executors, administrators or assignees, 

 shall have and enjoy the like advantage, priority or preference for 

 the recovery and receipt of the said monies out of the estate and 

 effects of such insolvent, or deceased principal, as are reserved and 

 secured to the United States ; and shall and may bring and maintain 

 a suit or. suits upon the said bond or bonds in law or equity, in his, 

 her, or their own name or names, for the recovery of all monies paid 

 thereon. And the cases of insolvency mentioned in this section, shall 

 be deemed to extend as well to cases in which a debtor, not having 

 sufficient property to pay all his or her debts, shall have made a volun- 

 tary assignment thereof, for the benefit of his or her creditors, or in 

 which the estate and effects of an absconding, concealed or absent 

 debtor, shall have been attached by process of law, as to cases in 

 which an act of legal bankruptcy shall have been committed. And 

 where suit shall be instituted on any bond for the recovery of duties 

 due to the United States, it shall be the duty of the court, where the 

 same may be pending, to grant judgment at the return term, upon 

 motion, unless the defendant shall, in open court, the United States 

 attorney being present, make oath or affirmation that an error has 

 been committed in the liquidation of the duties demanded upon such 

 bond, specifying the errors alleged to have been committed, and that 

 the same have been notified in writing to the collector of the district, 

 prior to the commencement of the return term aforesaid : whereupon, 

 if the court be satisfied, that a continuance until the next succeeding 

 term, is necessary for the attainment of justice, and not otherwise, a 

 continuance may be granted until next succeeding term and no longer. 

 And on all bonds upon which suits shall be commenced, an interest 

 shall be allowed at the rate of six per cent, per annum, from the time 



when said bonds become due, until the payment thereof. 



******* 



SEC. 71. And be it further enacted, That if any officer or other per- 

 son, executing or aiding or assisting in the seizure of goods, shall be 

 sued or molested for any thing done in virtue of the powers given 

 by this act, or by virtue of a warrant granted by any judge, or 

 justice, pursuant to law, such officer or other person may plead the 

 general issue, and give this act and the special matter in evidence; 

 and if in such suit the plaintiff is nonsuited, or judgment pass 



