Page:United States Statutes at Large Volume 46 Part 1.djvu/770

 SEVENTY-FIRST CONGRESS. SEss. II. Cia. 497. 1930 . 727 during a period of one yeax from the date of its arrival at the port ADMI STRA VISIONS. PR O- of exit (but in no case less than one year after the effective date of this Act) without having been 'entered for consumption or ware- house, shall b e considered unclaimed and abandoned to the Govern- ment and shall be appraised by the appraiser of merchandise and sold by the collector at public auction under such regulations as the Secretary of the Treasury shall prescribe. All gunpowder and other abespl e ies , bysih- explosive substances and merchandise liable to depreciation in value forthwith. by damage, leakage, or other iause to such extent that the proceeds of sale thereof may be insufficient to pay the duties, storage, and other charges, if permitted to remain in public store or bonded ware- house for a pe riod of one y ear, may be s old forthwith, under such regulations as the Secretary of the Treasury may prescribe. SEC. 492. DESTRUCTION OF ABANDONED OR FORFEITED MER- CHANDISE. Except as provided in section 3369 of the Revised Statutes as Destruction of, sub- 9 ject to intarnal revenue amended (relating to tobacco and snuff), and in section 901 of the tax. Tobacco and d is- Revenue Act of 1926 (relating to distilled spirits), any merchandise tilled spirits, excepted. abandoned or forfeited to the Government under the preceding or 659 S ., sec. 3369, p. any other provision of the customs laws, which is subject to internal Vol. 44, p. 105. revenue tax and which the collector shall be satisfied will not sell p.3 31s . C., Supp. IV, for a s ufficie nt amou nt to pay suc h taxes, shal l be fo rthwith destr oyed under regulations to be prescribed by the Secretary of the Treasury, instead of bei ng sold at au ction. SEC. 493. PROCEEDS OF SALE. Proceeds of sale. The surplus of the proceeds of sales under section 491 of this Act, after the payment of storage charges, expenses, duties, and the satis- faction of any lien for freight, charges, or contribution in general average, shall be deposited by the collector in the Treasury of the United States, if claim therefor shall not be filed with the collector within ten days from the date of sale, and the sale of such merchan- dise shall exonerate the master of any vessel in which the merchan- dise was imported from all claims of the owner thereof, who shall, nevertheless, on due proof of his interest, be entitled to receive from the Treasury the amount of any surplus of the proceeds of sale. SEC. 494. EXPENSE OF WEIGHING AND MEASURING. In all cases in which the invoice or entry does not state the weight, quantity, or measure of the merchandise, the expense of ascertaining the same shall be collected from the consignee before its release from customs custody. SEC. 495. PARTNERSHIP BOND. When any bond is required by law or regulations to be executed by any partnership for any purpose connected with the transaction of business at any customhouse, the execution of such bond by any member of such partnership shall bind the other partners in like manner and to the same exte nt as if such other partner s had per- sonally joined in the execution, and an action or suit may be insti- tuted on such bond against all partners as if all had executed the same. SEC. 496. EXAMINATION OF BAGGAGE. The collector may cause an examination to be made of the baggage of any person arriving in the United States in order to ascertain what articles are contained therein and whether subjec t to duty, Aban doned , etc ., merchandise. Surplus to be de° posited in the Treasury if not claimed in 10 days. Master of ves sel ex- onerated. Weighing and meas- uring. Expenses col lec ted from consignee. Partnership bond. Execution of, by one member to bind the oth ers. Bagga ge. Examination of, not- withstanding declara- tio n and entry.

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