Page:United States Statutes at Large Volume 44 Part 1.djvu/618

 Q    EITLH 19.e—G'UB vessel or eehicle, or of any eee!. fnetening, or mark ~pm·poz&g to be a cuetoiie seaytastenink, or mark; or it any unauthorised person  or maliciopaly reuxoves, breaks,. injures, or defaces any customs `seal or other tastwing. placed mn any vessel, vehicle, Lwarehouee, or package containing merchandise or baggage in bond or in cmtoms custody, or owillinlly aids, abets, or encourages any other person to remove, b1t£ injure, or deface such seal, fastening; of m81‘k; or it 811] person maliciously enters any bonded warehouse or any ywsel or vehicle laden with or containing bonded merchandise with _ intent unlawfully to remove or causetc lie removed therefrom any merchandise or baggage thuein, or unlawfully removes or causes to be removed any merchandise or baggage in men vewel., v&icle, or bonded warehouse or otherwise in customs custody or control, or aideor assists therein; or if any person receives or transports any merchandise or baggage unlawfully removed from any such vmel, vehicle, orywarehouse, knowing the same to have been unlawfully removed, he shall be guilty of a felony and liable to the same penalties as are imposed by sections 496 and 497 of this title. (Sept. 21, 1922, c. 356, Title IV, 5 598, 42 Stat. 983.) - ·. 563. Customs eBcere not to be interested in vessel er ` cargo, er importation; benalty.-—No person employed under the authority of the United Stnteé, in the collection of duties on` imports or tounge, shall own, either in whole or in part, any vessel, or act aa agent, attorney, or consignee for the owner or owners of any vessel, or ot any cargo- or lading on board the some.; nor shall any such person import, ·or be concerned directly or indirectly-in the imporatation, ot any merchandise for sale into the United States. Every person who violates this eectioiehall be liable to `a penalty ot  (Sept. 21, @22, c. 356, Title IY, 5 599, 42 Stat; 984. ,.£¤¢‘*'W ,. 594. Receiving gratuities for /mr|U2nan_ee or nonperformence of eervices.—j;§&.;Q_p';;  employee of the United States ”__pj;;sa..e;0•n¢“F§`§§;$yme¢nt of the duties or exactions ilxed by  ,_,_Lg§,___»;§elicit.s, demands, exacts;°'q_r   any person, dii·et·t,ly§:Yl§Y?°i‘T$°iTT1"é'ctly; e€·’*§’Ent$°E¢y’, money, or thing ot value, fhfor any service performed under the. customs laws, or in consideration, of any oihcinl act to be performed by him, or ot the omission of performanceyof any i t, in connection with or perteiningxov the impor, entry, inhpection or ex- _ amination, or appr i ,    _, ·‘ igmerchandlne or mggage, shall Q_   »·  • edemeanor and on conviction thereof shall be __§ ___  by a Sue not exceeding :85,000, or by imprisonment J for “`o`t"more`§€hau tvv`5"yeers, or both, and evidence, satisfactory ~#F-·*eo“~·"to the court- inwhich the- trial is ha_d,,ot anch soliciting, demanding, exnctiug; or receiving mall be prime tacie evidence that the same 'wes contrary to law. (Sept. 21, 1922, c. 358, Title IV, §,6®,_4£f Stet. 984.) · . 505, Bribery of customs 0Gun.-—··-Any person who gives, ore offers to gve, or promises togive, ~any`n1oney’ or thing of value, ,on·t»pny or indirectly, to any officer or employee 0: the United States in consideration of or for eny' act or omission contrary to law in connection with or pertaining `to the importation, appraisement, entry, exaniinationyoxz inspection ot merchandise or baggage, or ot·the liquidation ot the entry thereof, or b threats- or `tlemimds, or promises ot any character attenrptn lmproper,ly_iniiuence or control any such ofllcer or employee oi the Uniteq States as to the tberformltnce `ofihia -oH;lcls.l duties, shall be guilty of a misdemeanor and on conviction thereof shall be punished by n_.flhe not exceeding. $5,000·o1*` by imprisomnent tor a term not exceeding two years, or both, =and·évidence~of ouch giving, offering, or Tpromieing to give,`_ or attexnptinz to influence or control; satisfactory to the court, in which such; trial is had, shall be- prima facie evidence·that€ the same vvas contrary -.to lawh (Sept. 21, 1922; c. 356,, we IV, I601, A12 Stat, 984.) " _, · _  »: . 506. Seiznres.=-—It shall be the  the several officere of the cuetome; to   merchnndlse e

TOMS DUTIES 54 which ahalbbecome liable to seizure by  ob any law cting the revenue, as well without as within their respon dee districts. (R. S. 5 807;). ` 5B7. Oicers to make éaracter hwwn.-=Evefy oillccr or l other person authorized to make searches and seizures by {hir title, shall, at the time of executing any ot the powers crm- · {erred upon him, make known, upon being qmstioned, his character as an cmcer or agentot the custom or Government, em shall have authority to demand ot any person within the dirtance ot three miles to assist him in making any •.rr&ts, seem}, or .aelzure» authorized by this title, where such awistance 111:1 5- be necxry; and it such- person shall, without reasonalnp excuse, neglect or refuse so to asést, upon proper demand. he shall be deemed guilty otla misdemeanor, punishabk by a time of not more than $209,_nor Iwo than $5. (B. S. { SML) _ ,508. Persons making seizures pleading general issue and ‘ proving special matter.-1i any omcer, or other person, execming or aiding or lawsthe in the seizure of goods, under any Act providing for or regulating the collection of dnties on imports, is sued ·tor anything done in virtue of the power · given thereby, or by virtue of a warrant granted by any judge, or justice, pursuant tolaw, he may pmd the general issue and gire such Agct and the special matter in evidence (R. S. 5 3073.) · _ H9. Seiznru; report and delivery of vessel or property to collector; report of, viol•tions.—It shall be the duty- of any omcer, agent, or other person authorized by law to make seizures of merchandise or baggage subject to seizure for violation of the customs laws, to report every sum seizure immediately to the collector for the district in which such violation occurred. and to turn over and deliver to such collector any vessel. vehicle, merchandise, or bamge seized by him, and to report immediately to such collector- every violation ot the customs jaws. (Sept. 21, 19%, c. 356,. Title IV, 5 @2, 42 Stat. .98-l.) 510. Same; reports by cdlecton to S&icitor of Treasury and district attorneys.-—·It shall be the duty of the collector whenever ( eelsure of merchandise has been made for a violation ot the customs laws to report the same to the Solicitor of the .Trusury,¢and promptly also to report any auch seizure " or violation ot the customs laws to the United States attorney for the diatrlct in which, such violation has occurred, or in which such aeisnre was made, including ln such reports state ment _, . ot all. the facts and`circnmetancesQ or the case within his knowledge, with the naing ot the witnesses, and citation or the statute or statutes believed to here been vlolated. and ' on which ·reliance“1nay be had for forfeltnre or conviction. (R. S. Gl .3083,  Feb.‘27,’ 1877, c. -69, $,1, 19 Stat. 247; Sept. 21, 1322, c. 358,»Title_1V, 5 603, ,42 Stat. 984.) . 511. Sante; prosecutions by dstrlet attorneys.-It shall be . the duty ot every United Statesdlstrlct attorney immediately to inquire into the facts ot cases   to htm by collectors and the laws applicable theretowand, it it appears probable that any line, penalty, or forfeiture has been incurred by reason pt such violation, for the recorery or which the institution ot proceedings ln the United States dlatrict conrtis necesy sary, etorthwith to cause the proper proceeding to be com- —  and prosecuted, without delay, for the recovery ot aucb due, penalty, or forfeiture ln such case prorided, unless, upon inquiry and examlnation, such district attorney decides that such proceedings can not probalrly ·be sustained Y or that the ends  public justice do not require that they should be lnstltnted or prosecuted, in which case he shall report the facts to the- Secretary of the Treasury for his dlrection in the premises.- (R. S. { 3085; Sept. 21,` 1922, c.‘356, Title IV. I 004; T 42,sm¢._oe4.>·  - ’ w ~ .. 512. Same; custody of property seized.--Allfvusels, vehicles, `merchandiae. and baggage seized under the provlalona of the custoxns lawayor lawsrelating to the navigation, registering, enrolling or llcenslng,,or" entry or clearance,. ot vessels, unleei