Page:United States Statutes at Large Volume 42 Part 1.djvu/1014

 986 SIXTY—SEVENTH CONGRESS. Sess. II. C11. 356. 1922. <=¤¤°*¤ “°”¤· Treas ma order such vessel, vehicle, merchandise, or baggage to mm be traldsfjyerredr for sale in an customs district in which the sale thereof ¤·=¤¤¤¤°¤·°'*°· may be permitted. And if7 the Secretary of the Treasnuy is satised that the proceeds of sale will not be sufficient to payathe costs thereof, §',;",f,",;c,,,,, ,,,,0 ,,,_ he may order a destruction by the customs officers: romded, That any ti<·1¤¤ z¤<>= 1>¤<>¤ib¤¤¤r merchandise forfeited under the customs laws, the sale or use of whic “°°h°"‘°d‘ is prohibited under any law of the United States or of any State, may be remanufactured, in the discretion of the Secretary of the Treasury, into an article that is not Iprohibited, the resulting article to be disposed of to the profit of the nited States only. ,,2§°,,,,‘{f Sec. 612. Summer sALr:.—Whenever it appears to the collector ¤¤¤¤¤¢¤v¢i¤1»*¤i°· that any vessel, vehicle, merchandise, or baggage seized under the customs laws is liable to tperish or to waste or to_ be §eatly reduced in value by keep`, or at the expense of keeping the same is disproportionate toulaie value thereo , and the value of such vessel, vehicle, merchandise, or b age as determined by the appraiser under section 606 of this Actigdoes not exceed $1,000, and suc vessel, vehicle, merchandise, or baggage has not been delivered under bond, the collector shall, within twenty-four hours after the_rece1pt bplhim of the appraiser’s return proceed forthwith to advertise and se the same at auction under regulations to be prescribed by the Secretary rotium for order of of the Treasury. If such value of such vessel, vehicle, merchandise, °°°'*’"°"'°‘°°'v°1“°' or baggage exceeds $1,000 the collector shall forthwith transmit the appraiser s return and his report of the seizure to the United States district attorney, who shall petition the court to order an immediate sale of such vessel, vehicle, merchandise, or ba age, and if the ends of justice require it the court shall order suc§gimmediate sale, the roceeds thereof to be deposited with the court to await the final rrweeds subnet to determination of the condemnation proceedings. Whether such sale °]“""s‘ be made b the collector or by order of the court, the proceeds thereof shall be held sub°ect to claims of parties in interest to the same extent as the vessei, vehicle, merchandise, or baggage so sold would have been subject to such claim. { Apkimfaygpveg Sec. 613. Drsrosmon or rnocr:n1>s.—Any person claiming any gamma rZ§`tZm§.m°0i vessel, vehicle, merchandise, or baggage, or any interest therein, P‘°°°°d’· which has been forfeited and sold under the provisions of this Act, may at any time within three months after the date of sale ap ly to the Secretary of the Treasury if the forefeiture and sale was rmdgr the customs laws, or to the Secretary of Commerce if the forfeiture and sale was under the navigation laws, for a remission of the forfeiture and restoration of the proceeds of such sale, or such part thereof as thirdgg g·;,r;$d¤<;g;¤· may be claimed by him. Upon the production of satisfactory proof pmm. ’ " that the applicant did not know of the seizure prior to the declaration or condemnation of forfeiture, and was in such circumstances as prevented him from knowin of the same, and that such forfeiture was incurred without any willful negligence or intention to defraud on the part of the applicant, the Secretary of the Treasury or the Secretary of Commerce may order the proceeds of the sale, or any part thereof, restored to the applicant, after deducting the cost of seizure and of sale, the duties, if any, accruing on the merchandise or baggage, _ and any sum due on a lien for freight, charges, or contribution in gg atiggg general average that may have been iled. If no application for such mama. remission or restoration is made within three months after such sale, or if the application be denied by the Secretary of the Treasury or the Selpretary of Commerce, the proceeds of sale shall be disposed of as o ows: .a; Y‘P“°“ (1} For the payment of all proper expenses of the proceedings of forfeiture and s e, including expenses of seizure, maintaining the custody of the property, advertisin and sale, and if condemned by a decree of a district court and a bond for such costs was not given, the costs as taxed by the court;