Page:United States Statutes at Large Volume 46 Part 1.djvu/798

 SEVENTY-FIRST CONGRESS. SEss. II. Ca. 497. 1930 . SEC. 608. SAME -CLAIMS-JUD ICIAL CONDE MNATION. Any p erson claim ing s uch v essel, vehi cle, mercha ndise, or b aggag e may at any time within twenty days from the date of the first publication of the notice of seizure file with the collector a claim stating his interest therein. Upon the filing of such claim, and the giving of a bond to the United States in the penal sum of $250, with sureties to be approved by the collector, conditioned that in case of condemnation of the articles so claimed the obligor shall pay all the costs and expenses of the proceedings to obtain such condemna- tion, the collector shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the United States attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law. SEC. 609. SA ME-SUMMARY FORFEITURE AND SALE. If no such claim is filed or bond given within the twenty day s hereinbefore specified, the collector shall declare the vessel, vehicle, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United S tates is so ld, and sha ll deposit the proceed s of sale, a fter deduct ing the actual expenses of seizure, publication and sale, in the Treasury of the United States. SEC. 610. SAME-VALUE MO RE TH AN $1,000. If the value returned by the appraiser of any vessel, vehicle , me rchandise, o r baggage s o seized is greater th an $1,000, the collect or sh all transmit a report of the case, with the names of available witnesses, to the United States attorney for the district in which the seizure was made for the institution of the proper proceedings for the condemnation of such property. SEC. 611. SAME-SALE UNLAWFUL. If the sale of an y vessel, v ehicle, mer chandise, or baggage fo rfeited under the customs laws in the district in which seizure thereof was made be prohibited by the laws of the State in which such district is located, or if a sale may be made more advantageously in any other district, the Secretary of the Treasury may order such vessel, vehicle, merchandise, or baggage to be transferred for sale in any customs district in which the sale thereof may be permitted. Upon the request of the Secretary of the Treasury, any court may, in proceedings for the forfeiture of any vessel, vehicle, merchandise, or baggage under the customs laws, provide in its decree of forfeiture that the vessel, vehicle, merchandise, or baggage, so forfeited, shall be delivered to the Secretary of the Treasury for disposition in accordance with the provisions of this section. If the Secretary of the Treasury is satisfied that the proceeds of any sale will not be sufficient to pay the costs thereof, he may order a destruction by the customs officers : Provided, That any m erchandise forfeite d under the customs laws, the sale or use of which is prohibited under any law of the United States or of any State, may, in the discretion of the Secretary of the Treasury, be destroyed, or remanufactured into an article that is no t prohibite d, the resul ting articl e to be dis posed of to the profit of the United States only. SEC. 612. SAME-SUMMARY SALE. Whenever it appears to the collector that any vessel, vehicle, mer- chandise, or baggage seized under the customs laws is liable to ADMIN ISTRA TIVE PRO- VISIONS. Seized property. Claims for interest in, may be filed. Condemnation pro. ceedings on filing bond. Forfeiture and sale, if no claim filed. Proceeds. 755 Report of, to district attorney if valued over $1,000. Sale in another dis- trict, if laws of place where seized prohibit it. For feited vess els, etc ., may be delivered to Secretary of Treas. ury on request. Destruction, etc. Proviso. Manufacture into not prohibited articles, au- thorized. Summary sale. Authorized of perish- ables or articles valued not over $1,000.

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