Page:United States Statutes at Large Volume 18 Part 3.djvu/218

 18g FORTY-THIRD CONGRESS. Sess. I. GH. 391. 1874. Oftlcers and per- Sec. 8. That no officer, or other person entitled to or claiming com. °°“° °}°·l“*l“8 °°‘“‘ pensation under any provision of this act, shall be thereby disqualined m" b° from becoming a witness in any action, suit, or proceeding for the re. ` covery, mitigation, or remission thereof, but shall  subject to examination and cross-examination in like manner with other witnesses, without being thereby deprived of any right, title, share, or interest in any une, penalty, or forfeiture to which such examination may relate- D¤f¢¤d¤¤’¤ ms? and in every such case the defendant or defendants may appear ami “PP°“ “‘“°1 t°"’fy‘ testify and be examined and cross-examined in like manner. Invoice or adida- Sec. 9. That except in the case of personal effects accompanying the YW *° **°Q°mP’¤“*Y **11 passenger, no importation exceeding one hundred dollars in dutiable P ’titled invoice thereof as required by law, or of an aiiidavit made by the owner, importer, or consignee, before any officer authorized to administer oaths, showing why it is impracticable to produce such invoice. - Aindevit-in an- Sec. 10. That no entry shall be made in the absence of a certified ¤°*!°° °*" °°¤*m*d 1** invoice, upon affidavit as aforesaid, unless such affidavit be accom- l:’h;‘:f:g“°§0t§£ panied by a statement, in the form,of an invoice or otherwise, showing or ,-,,1,,,,, either the actual cost of the merchandise included in such_ importation, or, to the best of the knowledge, information, and belief of the depo- Statement to benent, the foreign marketvalue thereof; which statement shall be veri- '°“5°d• fied by the owner, importer, consignee or agent desiring to make entry of the merchandise, and which oath shall be administered by the col- ` lector or his deputy., d0¤**l;,¤·¤ *° k¤°Wl· Sec. 11. That before such oath is taken, it shall be lawful for the col- ° g° ° "“l“°‘ lector or deputy administering the same to question the deponent touching the sources of his knowledge, information, or belief in the premises, Production of let- and to require him to make oath to the same, and to produce any letter officers of the customs in ascertaining the dutiable value of theimportamcerauit of pro- tion, or any part thereof; and in default of such-production, when so gggzizgapfngzhfséi requested, such owner, importer, consignee, and agent shall be theream,. prcdging t 0 after debarred from producing any such letter or paper for the purpose r,,-em penalties, gw, of avoiding any penalty or forfeiture incpéred under this act, unless he shall show to the satisfaction of the cou that it was not iii his power to produce the same when so demanded. f }`~u¤d¤,1 6**; ° Y Sec. 12. That any owner, importer, consignee, agent, orother person “ “ ‘"°‘°°“* °‘ who hall, with intent to defraud the revenue, make, or attempt to make, any entry of imported merchandise, by means of any fraudulent or false invoice, affidavit, letter, or paper, or by means of any false statement, written or verbal, or who shall be guilty of any willful act or omission by means whereof the United States shall be deprived·of the lawful duties, or any portion thereof, accruing upon the merchandise, or any portion thereof, embraced or referred to in such invoice, affidavit, P M letter, paper, or statement, or affected by such act or omission, shall, °““ Y· for each offense be fined in any sum not exceeding five thousand dollars M,,,.,,;,,,,,,,;,,, to be nor less than iiigty dollars, or be imprisoned for any time not exceeding forfeited. two years, or both; and, in addition to such fine, such merchandise 1f¤PQ*1t;f¤ *°k¤P· shall be forfeited; which forfeiture shall only apply to the whole of the £0§’1 fuinP;‘°m“,§,_‘f merchandise in the case or package containing the particular article or c;,,,,,,,;,,,,, to w],j·,h3I'li10l0S of merchandise to which such fraud or alleged fraud relates; fraud relates. and anything contained in any act .which provides for the forfeiture or fo1_I§:l;?;·l 0 {$1;:1* confiscation of an entire invoice in consequence of any item or items convoiw g °“tameduin the same being undervalued, be, and the same is hereby, _ repea. · · . mlglggihaggotsww Sec. 13. That any merchandise entered by any person orpersons violating if; Q c O ding lating any of the {provisions of the preceding section, but not subject to suction may bg mg,- forfeiture under the same section, may, while owned by him or them, or on and new to don- while in his or their possmsion, to double the amount claimed, be taken bb °m°¤¤*· by the collector and held as security for the payment of any une or fines incurred as aforesaid, or may be levied upon and sold on execution to
 * Q‘BG°'§,°;"° ““* °X` value shall be admitted to entry without the productiou· of a duly-cer.
 * °*`°» &°· or paper, in his possession or under his control which may assist the