Page:United States Statutes at Large Volume 44 Part 1.djvu/619

 5 65 TITLE I3.-·-0Ul ’ otherwise prevlded by law, shall be placed and remain in the custody M the eellectur for the diaries: in which the sdzure was made to await dlapesiticm aecerhrnx to law. (Sept. 21, 1922, c, 356, Title IV. I WR 42 Stat; a&.) 513. Sane; laypraiaement at and property,-·——'I'he collector shall require the appraiser to determine the domtlc value, at the time and place of apprai t, ot any vmel, vehicle, merchandise, or baggage wired new the customs laws. (Sept. `21, 19@,e.%6,T1tleIV,§68a,·12Stut.98¤.) , 3i(Ss¤e; notice of adam, forfemnre, and sale when whltie $1,808 er less.-It the value or saw vessel, vehicle, merchandise. or baggage returned by`t,he appraiser, under section 513 of this title, does not exceed $1,00§, the collector shall cause a netiee of the seizure of such articles and the intmtion to ferteit and sell the same to be published for nt least three saecessive weeks in such rjaanner an t:h tary of the Treasury may direct. (Septi 21, 192, c. ", Title IV, { 607, -12 Stat. 985.) ‘ $15. Same; claims to and wndemnigicn of seized prop? erty.—-·Any_ person claiming such vemel., vehicle, merchandise, or baggage may albany ti e within twenty days from the date of the first publication ·o?the notice of seizure ille with the welleetor a claim stating his interwt therein. Ugion the tiling of such  the. giving of a bond to the United States ln the /2 num ot $250, 'with suretles- to be approved by the cellec/ter, bondltioned that in case ot eondemnation of the arti·_ clerso claimed the obligor shall pay all fthe costs and expenses as the proéeedlngs to obtain auch eondemnation, the collector shall transmit such clalm and bond; with a duplicate  and description of the articles seized, to' the United States attorney ter the digtrlct“I¤_which seizure was made, who bball proceed to a condemnation of the m8l‘¢hlDdi88 or other DYOPHTY in the manner prescribed by law. »(§ept.·`21,|1922, cr 356, Title IV, I 608,42 Stat. 985.) _ -`. ‘ — Q 516. Saaegaale of unclaimed property.-Jr no auch claim is tiled or bond klven within the twenty days epecldw in section 515 qt this title, the eollector shall declare the vessel, vehicle, merchandise, or haggageforfelted, and hall sell the, name ht. publié, auction in the same manner as merchandise abandoned to the United S? is sold, and shall deposit the proceeds ot sale, after dede ng the actual expenses of seliure, publication and sale, in _ the Treesury of the United States. (Sept. 21, 1922, c. 356, Title IV,} 609, 42 Stat. 985.) __ ». . 517. Same; condemnation proteedlngs where. value exceeds $l,000.·-———It the value returned by the apniralserl of any yessel, vehicle, merchandise, or naggage so selzhd is °groater than $1,000, the colleetor shall transmit a report of the case, with the names o£available\witnesses, to the United States attorney for tlneelistrnlct in which the seizure was made for the instltu· I tion of the proper proceedings forrgtlne condemnation of such . ;»mpel·ry. (Sept. 21,1922,gc. seo, Tltle_IV, 5 aio, 42 em;. ees.) 518. Same; place of sale destruction instead of salegf remanufeoturein eertaixr eases.-—>-It the sale ot any vessel, ‘\·e·· mole, meml1audlse, or baggagfforfelteel under the customs laws in the distriet in which seizure thereofwas made be prphjbited by the laws of the State ln which such district is located, or if a sale maybe made more advantageously in any other district. the Secretary ot the f1‘reasury may order such vessel; relri<·1e,_ !11B1`{3h&lldi8B,'0l° baggage to  transferred for sale in » any customs district in which the sale thereof maybe mitted, And it the Secretary or the Treasury is aatiaded that the proeeeds ot wie will not be sudlelent to pay the costs thereof, he may order a destmetion by the eustoms omeers. ` Any merchandise forfeited under the customs laws, the sale or use of which is prohibited underauy law ot the United. States r or of any State, may be remanutaetured, in the dlseretion ot ` the Secretary or the Treasury, into an artlele that Ls not prohibited. the reisuluug artiele to be disposed of to the prpht of

sroxs norms ‘§ 520 [ the Unlmd States only. (Sept. 21, 1922, c,. 356, Title IV, § 611 42 sm. eso.) _ \ » · 519. Same; summary sale of perishable property.-—When» ever it appears to the collector that any vemel, vehicle, mer- chandise, or mggage seuea under the customs laws is liable lto perish or to waste or to be greatly reduced in value by S keeping, or that the expense ot keeping the same is ldlspropor-‘ I tionate to the [KING thereof, and the valné of such vessel, vehicle, merchandlm, or baggage as determined by the appraiser under section 513 ot this title, does not exceed $1,009, and [such v · ehlcle, merchandise,) or mgage has not been goeuve nder bond, the collector shall, within twentyionr n r e r' E receipt. by him of th&\appraiser’s return pro- } he ·· · · forthwith to advertise and sell the\same at auction under §· opéslations to be pfwcribdd by the Secretary of the Treasury. i ·  such value ot such _ vessel, vehicle, merchandise, or baggage E exceeds $1,<l)0 the `collector shall- forthwith transmit the apjpralse;r’s return and` his report of tho- seizure to the United ( States district attorney, who shall petition the court to order -an immediate sale [of such vessel, vehicle, merchandise, or baggage, and it the ends ot justice requiy lt‘the court shall order ` such innnedinte sale, the proceeds thereof to be deposited with the court to await the ilnal determination of the condemnation proceedings. Whether such sale be made by the collector or by order of the court, the proceeds thereof shall be held subject to claims ot parties in interest to the same extent as the vessel, vehicle, merchandise, or bagage so sdd wwld hive been subject to such claim. (Sept. 21, NR, c. 358, Title IV, { 612, 42 Stat. 9%.), , _ ( 520. Saxnei sale of seized property; disposition of proceeds.-·-Any person claiming any veom. vehicle, merchandise, or bnmge, or any interest therein, 3`hlch has been forfeited and sold under the provisions of this chants; my at anrtlnne within tnree months utter thefdate of sale appay to the Secretary ot the Treasury it the forfeiture and sale me under the customs laws, or to the Secretary of Commerce lf the forfeiture and sale was under the navigntldntlsws, for a remission of the forfeiture and restoration of the proceeds not such sele. or such part thereof as may be claimed by him. Upon the production ot satisfactory proof that the applicant did not ‘know or the seizure prior to the declaration br condemnation ofyfortelture, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without any wllltnl negligence orintention to defraud on the part of the appllcant, the Secretary of the Treasury or the Secretary ot Commerce may order the proceeds of the sale, or any part thereof, restored to the applicant, after deducting the cost ot selzu_re and of sale, the dytles, if any, ·-accruing on the merchandise or baggage, and any sum due on a llentfor freight, charges or contribution in general average that may have been Hled. It no application for such renlission or restoration is made vvithlnlthree months after such sale, or it the application be denied by the Secretary of the Treasury or the Secretary. ot Commerce, the proceeds ot sale shall be_ disposed or as follows: _,. · '_ (1) For the payment ot all proper expenses or the proceedings of forfeiture and sale, lncludlng expenses of seizure. maintaining the custody ot the property, advertising and sale, and lf condemned by-a decree ofla district court and ‘a bond for such costs was not given, the costs ee taxed by the court;. (2)h For the satisfaction of liens for freight, charges, and contributions in general average, notice of which has been flled with the collector according to lawi - ._ ,,_ (3,) For-the payment: of the duties accruing on such n1erehau· ··dlse or baggage, it the same is subject to duty; and ‘ (4),1Tho`reslduo shall be deposited withethe Treasurer of the United States as a customs or navigation due. (Sept. 21, 1922, c;  Title IV;} 613. 42 Stat. 980.} ‘