Page:United States Statutes at Large Volume 46 Part 1.djvu/800

 SEVENTY-FIRST CONGRESS. SESS. II. Cii. 497 . 1930 . 757 SEC. 614. REL EA SE OF SEIZED PROPERTY. If any person claiming an interest in any vessel, vehicle, mer- ch andise, or baggag e seized under t he provi sions of this Act offers to pay the value of such vessel, vehicle, merchandise, or baggage, as determin ed under section 606 of th is Act, a nd it ap pears tha t such person has in fact a substantial interest therein, the collector ma y, subjec t to the approval of the S ecretary of the T reasury i f un der the cu stoms law s, or the Secretar y of Comm erce if un der th e naviga tion law s, acce pt such offer an d releas e the ve ssel, v ehicle, me rchandise, or bagga ge seized upon the payment of such va lue thereof, which shall be distributed in the order provided in section 613 of this Act. ADMINISTRATIVE PRO- VISIONS. Seized property. Release of, to party claiming interest there- in, upon paying full value thereof. Ante, p. 754. Distribution. Ante, p. 756. SEC. 615. BURDEN OF PROOF IN FO RFEI TURE PROCEEDINGS. Forfeiture proceed. ings. In all suits or actions brought for the forfeitu re of an y vessel, of Proof property i~ vehicle, merchandise, or baggage seized under the provisions of any quired. law relating to the collection of duties on imports or tonnage, where the property is claim ed by an y person, the burd en of pro of shall lie upon such claimant ; and in all suits or actions brought for the In suits to rec over v alue t hereof. recovery of the value of any vessel, vehicle, merchandise, or bag- gage, because of violation of any such law, the burden of proof shall be upon the defendant : Provided, That probable cause shall be first sh own for the ins titution of such suit or action, to be judged of by the court. SEC. 616. COMPR OMISE OF GOVERNME NT CLAIM S PROHIBI TED- EX CEPT ION. Proviso. Pro bable cause. Gov ernmen t claim s. It shall not be lawful fo r any off icer of the Unite d States to of ap romiiseof, by com promise o r abate a ny claim of the U nited Sta tes arisi ng under the customs laws for any fin e, penal ty, or f orfeiture, and an y such officer who compromises or abates any such claim or attempts to make such compromise or abatement, or in any manner relieves or attempts to relie ve any p erson, v essel, v ehicle, m erchandi se, or baggage from any such fine, penalty, or forfeiture shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more th an $5 000 or by i mprisonm ent for a term of not exc eeding two years : Provided, That the Secretary of the Treasury shall have pow er to re mit or m itigate any suc h fine, penalty, or forf eiture, or to compromise the same in the manner provided by law. Punishment for. Proviso. Authority of Secre. tary to mitigate, etc. Compromises. SEC. 617. COMPROMISE OF GOVERNMENT CLAIMS BY SECRETARY OF TREASURY. Upon a report by a collector, district attorney, or an y specia tars in report l Allowed f cue- o cus° attorneyorcustomsagent, havingchargeof any claimarisingtomsofficers, etcr under the customs laws, showing the facts upon which such claim is based, the probabilities of a recovery and the terms upon which the same may be compro mised, th e Secretar y of the Treasury is hereby authorized to compromise such claim, if such action shall the Action Tronsofyolicitor of be recommended by the Solicitor of the Treasury. SEC. 618. REMISSION OR MITIGATION OF PENALTIES. Pe naltie s. Whenever any person interested in any vessel, vehicle, merchan- dise, or baggage seized under the provisions of this Act, or who has incurred, or is alleged to have incurred, any fine or penalty there- under, files with the Secretary of the Treasury if under the customs law s, and wi th the Se cretary of Commer ce if und er the na vigation law s, befor e the sal e of suc h vessel, vehicl e, mercha ndise, o r bag- gage a petition for the remission or mitigation of such fine, pen- Application for re- mission of, made, before sale of property.

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