Page:United States Statutes at Large Volume 14.djvu/199

 THIRTY—NINTH CONGRESS. Sess. I. Ch. 184. 1866. 169 vieted of so accepting or receiving the same, or any part thereof, if an officer or person holding any such place of trust or profit, shall forfeit his ofiice or place; and any person so convicted under this section shall for- Y¤¤¤P¤<{l*¤*“ ever be disqualified to hold any office of honor, trust or profit under the ;l%TJmldmg United States. Sec. 63. And be it further enacted, That hereafter in all cases of seiz- Proceedings ure of any goods, wares, or merchandise which shall, in the opinion of the i“_°”°$ of 5** collector or deputy collector making such seizure, be of the appraised Yalue Slgjggtggoggrfs of three hundred dollars or less, and which shall have been so seized as feiture. being subject to forfeiture under any of the provisions of this act, or of any act to which this is an amendment, excepting in cases otherwise provided, the said collector or deputy collector shall proceed as follows, that is to say : He shall cause 11 list containing a particular description of the List in dup1i· goods, wares, or merchandise seized to be prepared in duplicate, and an °’“°· appraisement of the same to be made by three sworn appraisers, to be se- Appmisemeut lected by him for said purpose, who shall be respectable and disinterestfedj citizens of the United States residing within the collection district wherein the seizure was made. The aforesaid list and appraisement shall be properly attested by such collector or deputy collector and the persons making the appraisement, for which service said appraisers shall be allowed the sum Pay of apof one dollar and fifty cents per day each, to be paid as other necessary P'*‘l$*“`$· charges of collectors according to law. If the said goods shall be found lf goods seized by such appraisers to be of the value of three hundred dollars or less, g;°t,f°“"d,*° be the said collector or deputy collector shall publish a notice, for the space $30Ji,r`i;S?c0(i_ of three weeks, in some newspaper of the district where the seizure was 1<>c§·>r to publish made, describing the articles and stating the time, place, and cause of “°§‘;f{w ,08,8,8 their seizure, and requiring any person or persons claiming them to ap- what. pear and make such claim within thirty days from the date of the first publication of such notice: Provided, That any person or persons claim- 0L¤i¤¤=¤¤f¤_vf ing the goods, wares, or merchandise, so seized, within the time specified 2,:;vgg‘fg;];‘Q;°d in the notice, may file with such collector or deputy collector a claim, and execute stating his or their interest in the articles seized, and may execute a bond l’°¤d· to the United States in the penal sum of two hundred and fifty dollars, with surreties, to be approved by said collector or deputy collector, condi- Conditions of tioned that, in case of condemnation of the articles so seized, the obligors b°“d‘ will pay all the costs and expenses of the proceedings, to obtain such con- SeS;’l1;‘;;’;;‘:, demnation ; and upon the delivery of such bond to the collector or deputy duplicate HS, to collector, he shall transmit the same. with the duplicate list or description the United states of the goods seized, to the United States district attorney for the district, ?;iQ";,:m‘°;fV· who shall proceed thereon in the ordinary manner prescribed by law: cmd memgn, And provided also, That if there shall be no claim interposed, and no ]F*h°F°iS ¤<> bond given within the time above specified the collector or deputy col- glmm and n° r ond, collector to lector, as the case may be, shall give ten days’ notice of the sale of the give ten days’ goods, wares, or merchandise, by publication ; and at the time and place "ggg °f Sm °f specified in said notice, shall sr-ll the article so seized at public auction, g Sai; at pug,;,,, ami after deducting the expense of appraisement and sale he shall de- ¤¤<>l¢l¤¤- posit the proceeds to the credit of the Secretary of the Treasury. And s,,;T°°°°d5 °f within one year after the sale of any goods, wares, or merchandise, as aforesaid, any person or persons claiming to be interested in the goods, within ,.6,,,0; wares, or merchandise so sold may apply to the Secretary of the Treasury SMG, ¤PPli¢=1fi0¤ for a remission of the forfeiture thereof or any of them, and a restoration mlllll"? made M ’ TCHIIBSIOD of {.01*- of the proceeds of the said sale, which may be granted by the said Secretary feiture, and resupon satisfactory proof, to be furnished in such manner as he shall pre- ;;§;,*;°*} sg P*0· scribe : Provided, That it shall be satisfactorily shown that the applicant, Ap,,°i,c,,,,€`m at the time of the seizure and sale of the goods in question, and during prove what. the intervening time, was absent out of the United States, or in such circumstances as prevented him from knowing of such seizure, and that he did not know of the same; and also that the said forfeiture was incurred without wilful negligence or any intention of fraud on the part of the