Page:United States Statutes at Large Volume 14.djvu/210

 180 THIRTY—·NINTH CONGRESS. Sess. I. Ch. 201. 1866. scualpcualtics ment of all the facts and circumstances of the case within their knowl- °°* P“*d· edge, together with the names of the witnesses, and which may come to their knowledge from time to time, stating the provisions of the law lieved to be violated, and on which a reliance may be had for a condemsuing bg nation or conviction ; and such district attorney shall cause suit and prose- hout cution to be commenced and prosecuted without delay for the fines and dmy,m,lesS,&c_ personal 'penalties by lain in such case provided, unless upon inquiry and examination he shall decide that a conviction cannot probably be obtained, or that the ends of public justice do not require that a suit or prosecution should be instituted, in which case he shall report the facts to the Secretary of the Treasury for his direction; and for expenses incurred and services rendered in prosecutions for such fines and personal penalties, the _Al]<>W¤¤¤¤ to district attorney shall receive such allowance as the Secretary of the Treas-
 * 'gl,;°;;.°:,`;es_ ury shall deem just and reasonable, upon the certificate of the judge before

Collectors not whom such prosecution was had; and if any collector shall in any case {:’}l;:_'t1gt':l;;;':· fail to report to the proper district attorney, as prescribed in this section, ,;,,,,6 0; mcs, such collcctor’s share of any fine or penalty imposed or incurred in such Sec. case shall be forfeited to the United States, and the same shall be awarded to such persons as may make complaint and prosecute the same to conviction. Vessels heldfor SBC. 8. And be it further enacted, That in any case where a vessel or gnlgfut °f P°“' the owner, master, or manager of a vessel shall be subject to a penalty ’ for a violation of the revenue laws of the United States, such vessel shall bc holden for the payment of such penalty, and may be seized and promay be pm· cceded against summarily, by libel, to recover such penalty, in any dis- °°"°*°“"¥“i“s*· trict court of the United States having jurisdiction of the offence. In fcrmcract Sec. 9. And be it further enacted, That the act entitled "An act 0 read ioods, Stat x f. d, 1 . ” . wares, mi mer- LS rom any 2. jacent territory, approved March two, eighteen hundred ¤by§§gi¤€};’ M and twenty-one, be, and the same is hereby, so amended that wherever in v01:‘ug_°pj61é_ said act the word " merchandise " occurs, the same shall read " goods, wares, or merchandise? Omccrs and Srzc. 10. And be it further enacted, That every officer or other person PGFSOHS mnking authorized to make searches and seizures by this act shall, at the time of
 * m°'°l’f}"°”°" further to regulate the entry of merchandise imported into the United
 * ?x:;°sBQ;°giS_ executing any of the powers conferrecl upon him by this act, make known,

close authority upon being questioned, his character as an officer or agent of the customs °“¥;€;l}’ff”i d or government, and shall have authority to demand of any person within · tj 9KB8H,. •_ s. . _ “,,s;,_,,c,, of the distance of three miles to assist him in making any arrest, search, or p¤r5¤¤¤_wi¤hi¤ seizure authorized by this act, where such assistance may be necessary; °h{§°;nm?’]¤c,, m_ and if such person shall without reasonable excuse neglect or refuse so to fusing assist- assist, upon proper demand, he shall be deemed guilty of a misdemeanor, °¤°°· and shall forfeit a sum not exceeding two hundred dollars, nor less than five dollars. In all cases of SBC. 11. And be it further enacted, That in all cases of seizure of
 * Zj¤;_':r<g) property subject to forfeiture for any of the causes named in this act, or

uni if value is any other act relating to the customs, or the registering, enrolling, or linot over $a00, censing of vessels, now in force, when, in the opinion of the collector or g:l:;g;f;;:,“‘a‘lf_’d other principal officer of the revenue making such seizure, the value of ,1,,,,,,;,,,,,,,,,;; the property so seized shall not exceed five hundred dollars, he shall md¢- cause a list and particular description of the property so seized to be prepared in duplicate, and an appraisement of the same to be made by two swom appraisers under the revenue laws, if there are such appraisers at or near the place of seizure ; but if there are no such appraisers, then by Wh¤¤>¤P— two competent and disinterested citizens of the United States, to be se- P““s°‘ lected by him for that purpose, residing at or near the place of seizure; _ Appreisemeut which list and appraisement shall be properly attested by such collector or ree: of ap- of the appraisers they shall be allowed out of the revenue one dollar and P”**°”· fifty cents each for every day necessarily employed in such service. If
 * ° l’° ““°‘*°d· other officer and the persons making the appraisal ; and for such services