Page:United States Statutes at Large Volume 44 Part 1.djvu/616

 §  T1QT'l§E_19.-——-C'L;SI; or mlslaid without intentional frautl, or was ctefaced by acci- 1 dent, or is incorrect by reason of clerical error or other. mis- ] take and that (no part of themerchandise not found on Aboard s was unshippod or disclmrged except as specified in the report s of the master, said penaltgesshall not be incurred. · I ‘ 1 if any of such merchandise so found~ consists. of smoking ¢ opium or opium prepared forjsmoking, the master of such vessel 1 or the person in charge of such vehicle shall be liable to a `pen-._ 4 nity of $25 for each- ounce thereof eso found. Such penalty shaH 4 constitute a lien upon such vessel which rnay beenforced by a a libel in rem; Clearance of any su·i·h:_vessel·may be `withheld ’ until such penalty is paid or nntil a `bond, satisfactory to the collector, is given for the paynnent thereof,. The provisions of _· this paragraph slfall not prevent the forfeiture of any such Q vessel or vehicle under any OQIBP provision of law. (Sept, 21, , 1922, 0.356, Title IV, § 584, 42 Stat. 980.), 487. Departure of vessel or uulading of merchandise before making report or entry; penalty,———If any vessel or vehicle. , from a foreign port or place arrives within the limits ofany collection district and departs or attempts to depart, except from stress of weather or other necessity, V\'ltll0\1€"I§{lklllg_e¥i * report or entry under the provisions •of this chapter, or if! an; merchandise is unladen therefrom (before such report or entry, the master of such ressell shall be liahleto a penalty of $5,000, and the person in charge of such vehicle shall be liable to ya penalty of”$500, and any suclrvessel or vehicle shall be subject _ to forfeiture, and any` customls or Coaist Guard, officer may cause such vessel or vehicle to `_be ·arrmted`and‘ broughtback to_the r most convenient port of the .Un»itee.l States. (Sept. 21, 1922, c. 356, Title IV, § 585, 42 Stat. 980.) · ‘ Q; · 2 ' ’ ,488. Unlawful unladlng;  penalty; accident, stress. of weather, or other necessity.--Tlne master of any vessel fronn. a foreign port or- place who allows; any merchandise (including sea stores) to be nuladen from such vessel at (any time after its arrival within four leagues jot the- coaet of the United Qtates and before such vessel has ’coine· to the proper place for the discharge of such merchandise, and before he has v received a permit to unlade, shall be liable to a penalty equal “ to twice the value, of themerchandise hut not less than $1,000, · and such vessel and the merchandise shall be subject to seizure and forfeiture. ~Whenever any part of the qargo or stores of a vessel has been unladen or transshipped because of. accident, stress of weather, or other necessity; the xnaster of such ` vessel shall, as soon as possible thereafter, notifytthe collector of the district, within which such tmlading or •transshipment” has ooenrred, or the collector within the district at whleh such vessel shall first arrive thereafter, and shall furnish proof ~ that such nnlading or tran'sshipmenf was made necessary by ` accident. stress of weather, or other unavoidable, cause, and if the collector is satisfied that the unlading, or transshipment was in fact due to aecldent, stress Tot weather, or other neees- ` sity the penalties ahove·descri.hetl shall not be incurred. (Sept. 21, 1922, e. 356, Title IV, § 586, .42 Stat,980.) “ i 489. Unlawful transshipment; penalty;, seizure and forfeiture.-~—5-—If any nlerchaneliseotinclnding sea atores) nnladenlin violation of the provisions of section 488 of this title is transeshipped to or placed in orlreee1»·eo on any othervesael, the master of the vessel on which such ftnerchandise is planet}, and any personlaitling or assisting thereln,shall be llahle to a penalty equal totwice the value of the merchandise, hut not lees t.han.»$1,0QO,' and such veaseland such merchandise ahall be liable to seizure and forfeiture; (Sept. 21, 1922, c, 355, Title Ill, § 587, 42 Stat. 981.) a — Q _  l 490. Evaéen of law relatinggo transportation between ports of United States; seizure and forfeiture; tonnageduty.——-Ji any merchandise is lade   t any port or placerln, the United States upon any vessel helonglng xvholly or in part to a subject ot ·a foreign country, and is taken thence to a ‘~··—,,

pus Dumas ~· 602 foreign port or place to be reladen and reshlpped to any other vessel, foreign or American, with intent toveyade the provi. rions relating] to theutransportation of merchandise from me "/* port or place of the United States to another port or place of the United, States in a tyessel belonging wholly or in part t0· a subject of any foreign power, the; merchandise shall, cm its garrlval at such lasbnamcd port or place, be seized and forfeited to the UnitedStates, and the-vessel shall pay a tonnage duty of 50 cents per net. ton. (Sept. 21, 1922, c. 356, Title IV, § 588, 42 Stat. 981.) l R 491. Unlawful relanding;, penalties.-It any ”merchandiee ‘ entered Yor withdrawn for exportation without payment of the duties thereon, or with intent to obtain a drawback. of the duties paid, or of any other allowances given by law on the exportation thereof, is relanded at any place in the United States without entry therefor having been made, the same shall be considered and treated as having Men imported into the United States contrary to law, and alllpersons concerned therein and such. merchandise shall be liable to the same penalties as are prescribed by sections 496 and 497 of this title. (Sept. 21, 1922, c. 356, Title IV, § $89, 42 Stat.‘9S1.) · 492. False drawback claims; puni'sh1nent.——If any person shall knowingly and willfully dle any false or fraudulent entry or claim for the payment ot drawback; allowance, or refund of duties mpon the, exporta-tionof merchandlse, or shall knowinglyand vqlllmlly makeor, me any false a$darlt, ,abstract, recbrd,, certiilcate, or other document, with a view to securing the payment to himself or others of any drawback, allowance, or refund of duties, on the exportation of mcrchandlse, greater than that legally due thereon, auch person shall be `guilty of a felony, and upon. conviction thermf shall be punished by a Hue of not more than $5,060, or by imprisonmentfor not more than two years, or both, and the merchandiee { or the —value. thereof to which such false entry er, claim, ‘ atlldavit, abstract, record, certidcate, or other document relates shall be subject to forfeiture. (Sept. 2},1922, c. 356,.*1*1tle IV, §’ 590, 42 Stat.·981Q) ‘ _ ‘ ~ ·,493. False or fraudulent documents, statements, or practices; willful nctal or omissions depriving United Stntm of duties; punishment:-·—·If any consignor, seller, owner, importer, consignee, agent, or other person or persons enters or introduces, Mor attempts to enter or introduce, into the commerce of the Uxiltedc States any imported merchandise by, means of any Iraudulent or false invoice, declaration, afddavlt, letter, paper, or by means of any false atatexnent,_ written or verbal, or by means of any false or ‘fraudulent practice or appliance whatsoever, or makes any false etatement in any declaration under ` the provisions of sections 352 to asv ot this title without; reasonable cause to believe the truth ot such atatement, or aids or procures the making rot any auch false statement as to any matter material thereto without reasonable cause to believe the truth of such statement, orls gu§_,ty` of any willful act or omission by means whereof the United States shall or may be deprived dof the lawful duties, or any portion tlxcrcohaccruing upon the merchandise, or any portion thereof, embraced or referred to in such invoice, declaration, andarlt, letter, paper, or stzltelnent, or affected by such act or omission, such person or persons shall upon conviction be Sued for each offense a sum not exceeding $5,000, or be R imprisoned for a‘ time not exceeding two years, or both, lathe discretion of the court. Nothing in this section shall be construed toll rellevc imported merchandlaerfrom forfeiture by reason of such false statement or for any cause elsewhere provided by law. (Sept. 21, -19%,-;:. 356, Title IV, § 591, 42 Stat. 981.). 1 9 · 494. Same; seizure of merchandise an security _ for hues; } release on bond.~·$·—·Any merchandise entered; by any person or persons violating any of the provisions of eection 493 of tbla title,
 * •ort in the United States, either by the same or by another