Page:United States Statutes at Large Volume 18 Part 1.djvu/665

 'l`rr1.1: xxxw.——COLLE(‘TION OF DIT'l`IES.—·Ch. 10. 593 _Sso. 3089. Wheneyer a seizure, condemnation, and sale of merchmr Q¤¤¤ _¤f PMB9- dxse takes place within the United States, and the value thereof is loss °“P°" "‘ °*"`“““ than two undredand fifty dollars. that part of the forfeiture which °§_,_ e accrues to the ignited States, or so much thereof as may be necessary. _ 2 MM- 179*% <‘~ shall be applied to the payment of the cost of prosecution. zz °‘ 91** rl’·697· Om- Large Water-tub, 3 Ben., 436; Fifty Thousand (`igars, 1 Low., p. E, Sec. 3090. From the proceeds of iines.pena1ties,and forfeituresincurred Distribution of under the provisions of the laws relating to the customs, there shall be l°"f°““"°s· [dedcted] [deducted] such charges and expenses as are bylaw in each case 2 Margdtes, (-. authorized to be deducted: and in addition, in case of the forfeiture of im- 22* 9l»V· LP- 697- ported merchandise of a greater value than five hundred dollars on which mg 2**;-1186754g- uties have not been paid. or in case of a release thereof. upon payment 258;};,;, {$4 t.' of its appraised value, or of any fine or composition in money, there shall 391,s.2,e-.i8,p.1s6; also be deducted an amount equivalent to the duties in coin upon such mer- 27 F¢b·· 1877. <‘- chandise, including the additional duties, if any: which shall be credited  "i19· P‘_?i’§·_ _ in the accounts of the collector as duties received; and the residue of Jones ··. Shore’s the proceeds shall be id into the Treasury of the United States, and PE"·» { Wh-· *62i distributed, under the chprection of the Secretary, in the manner following, 2 13th)'?? 'iguslb to wit: One-half to the United States; one-fourth to the person giving Van keel, g iivhf the information which has led to the seizure, or to the recovery of the 312; U. S. e·. Mor; tine or {penalty, and if there he no informer other than the collector, Q5 10 wh-; 290i naval officer, or surveyor., then to the officer making the seizure; and the i,i;L°f§f‘ lh Sp? remaining one—fourth to be equallv divided between the collector, naval ryéjyw I:l0w_§0§: ollicer, and surveyor, or such of them as are appointed for the district BrigHollen,1Mas.; in which the seizure has been made. or the fine or penalty incurred, or if {319 S°h°°¤€*’ B¤· there be only a collector, then to such collector. But where any fine, gan`:’y(, gigyegzi penalty, or forfeiture, incurred by virtue of the laws relating to customs. 3\v”h_,4};4; Hoof shall be recovered in consequence of any information given bv an officer per v. Fitty-one of a rcvenue—cutter, the roceeds thereof shall, after the legal deductions, g;¤k*_°f _B§¤¤d>'» [ncluding] [includin ] the deductions herein authorized, have been made, CofE1Q7g 'Bifggf be disposed of as follows: One—fourth to the United States; one-fourth ;;25;U_§_,_G,,,, to the officers of the customs, as hereinbefore rovided: and the remainder 6B\atch.,37; Filato the officers of such revenue·cutter, to be divided among them in pro- }2°¤i?*;;_ Ci8¤¤· portion to their pay. Farigul; r Ent'; 117; Shelton’s Case, B C. Cls., 487; U. S. v·. Sixty and Fiveeighths Carats Brilliante, I0 Blatch., 221; Bradley’s Case, 13 C. Cls., 578. Sec. 3091. Whencver it shall be made to appear to the satisfaction of W¤¤*¤-¤¢wS<·iw the district judge for any judicial district in the United States, by com- E“p""°’· _ plaint and ailidavit, that any fraud on the revenue has been committed 2 Mar., 1867, c. y any person interested, or in any way engaged, in the importation or 188- ¤- 2- V- 14- P- entry of merchandise at any port within such district, the judge shall  June 1874 C forthwith issue his warrant directed to the marshal of the district, requir- 391,,_;,,._i8,p_1§6Q ing the marshal, by himself or deputy, to enter any place or premises w ere any invoices, books, or papers are deposited relating to the merchandise in respect to which such fraud is alleged to have been committed, and to take possession of such books or papers and produce them before the judge. Sec. 3092. ho warrant for such seizure shall be issued, unless the com- Return of warplnint shall set forth the character of the fraud alleged, the nature of mitthe same, and the importations in respect to which it was committed, and 2 Mm-_' 1867, c_ the papers to be seized. The warrant issued on such complaint, with 188,s.2,v.14,p.547. report of service and proceedings thereon, shall be returned as other war- 39%* ·i“”¢ig87‘{£· ¤l¤tsdt0»the district court of the judicial district within which such ]udge ’°‘ ’"‘ J" ‘ resi es. P Sec. 3093. Any invoices, books, or papers seized under the proyisions Examination of of the two receding sections shall be subject to the order of the ]udge, $_';P::‘?k°°““d°’ who shall allow the examination of the same by the collector of customs .,__'.>._ of the port into which the alleged fraudulent importation has been made, I 2 MM-. 1867, c. or by any officer duly authorized by the collector. Such invo1ces,books, 8gé“;?&;1‘§&24;: 01‘ papers may be retained by the judge as long as, m his opinion, the 39l,_,_1_,_i8_p_1g6_ retention thereof may be necessary.