Page:United States Statutes at Large Volume 46 Part 1.djvu/799

 756 SEVENTY-FIRST CONGRESS. SEss. II. Ca. 497. 1930 . ADIED TISTRA xs. P&O- perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, and the value of such vessel, vehicle, merchandise, or baggage as determined by the appraiser under section 606 of this Act, does not e xceed $1,00 0, and such vess el, ve hicle, merc han- dise, or baggage has not been delivered under bond, the collector shall, within twenty-four hours after the receipt by him of the appraiser's return proceed forthwith to advertise and sell the same at auction under regulations to be prescribed by the Secretary of sae, ~fgodsof orde r the Treasury. If such value of such vessel, vehicle, merchandise, value. or baggage exceeds $1,000 the collector shall forthwith transmit the appraiser's return and his report of the 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 if the ends of j ustice requ ire i t the court shall orde r suc h imme diate sale, the Proceeds, proceeds thereof to be deposited with the court to await the final determination of the condemnation proceedings. W he t h e r s u c h sa l e be made by the collector or by order of the court, the proceeds thereof interested p art claims of shall be held subject to claims of parties in interest to the same extent as the vessel, vehicle, merchandise, or baggage so sold would have been subject to such claim. Forfeited property. SEC. 613. DISPOSITION OF PROCEEDS OF FORFEITED PROPERTY .. Application allowed Any person claiming any vessel, vehicle, merchan dis e, or baggage,, for remission of for- feiture,orrestorationof or any interest therein, which has been forfeited and sold under the property. provisions of this Act, may at any time within three months after the date of sale apply to the Secretary of the Treasury if the forfei- ture and sale was under the c us to ms laws, or to the Secretary of Commerce if the forfeiture and sale was under the navigation laws,. for a remission of the forfeiture and restoration of the proceeds of Ord er to issue if no such sale, or such part thereof as may be claimed by him. Upon intent to defraud, etc., proved. the p roduct ion o f sat isfact ory p roof that t he ap plican t did not know of the seizure prior to the declaration or condemnation of forfei- ture, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without any willful negligence or intention to defraud on the part of the appli- cant, the Secretary of the Treasury or the Secretary of Commerce may order the proceeds of the sale, or any part thereof, restored tG the applicant, after deducting the cost of seizure and of sale, the, duties, if any, accruing on the merchandise or baggage, and any- sum due on a lien for freight, charges, or contribution in general any- Disposal of o n f or, average that may have been filed. If if no application y no application for such remis- made in three months. sion or restoration is made within three months after such sale, or if the application be denied by the Secretary of the Treasury or th e Secretary of Commerce, the proceeds of sale shall be disposed Payment of expenses of as follows of proceedings. (1) For the paym ent of all proper expenses of the proceed- ings of forfeiture and sale, including expenses of seizure, main- taining the custody of the property, advertising and sale, and if condemned by a decree of a district court and a bond for such satisfaction of liens. costs was not given, the costs as taxed by the court ; (2 ) For the s atisfaction of liens f or freight, charges, an d con- tributions in general average, notice of which has been filed with the collector according to law ; duties. e s ent of accrued (3) For the payment of the duties accruing on such merchan- dise or baggage, if the same is subject to duty ; and n avig at ion xfcustomsor (4) The residue shall be deposited with the Treasurer of the n avigat ion fi ne. United States as a customs or navigation fine.

�