Page:United States Statutes at Large Volume 49 Part 1.djvu/564

 74TH CONGRESS. SESS. I. CH. 438. AUGUST 5, 1935 . 519 tion of the laws of the United States respecting the customs revenue, or whe never any vessel which shall be fo und, or discovere d to have been, employed, or attempted to be employed, within the United States for any such purpose, or in anywise in assistance thereof, or whenever any vessel of the United States which shall be found, or discovered to have been, employed, or attempted to be employed at any place, for any such purpose, or in anywise in assistance thereof, if not sub sequently forfeit ed to the United States or to a fo reign government, is found at any place at which any such vessel may be examined by an officer of the customs in the enforcement of any law re specting the reve nue, the said ves sel and its cargo shall be seized and forfeited. (b) Every vessel which is documented, owned, or controlled in vessels owned or the United States, and every vessel of foreign registry which is, cc'P.d ea in United directly or indirectly, substantially owned or controlled by any citizen of, or corporation incorporated, owned, or controlled in, the United States, shall, for the purposes of this section, be deemed a vessel of the United States. c For the of this section, the fact that a vessel has vessels snspected of purposes 7 smugg ling a ctiviti es; become subject to pursu it as provided in section 581 of t he Tariff presumption arising. Act of 1930, as amended, or is a hoverin g vessel, or that a vessel Vol .46'p ° 747 . fails, at any place within the customs waters of the United States or within a customs-enforcement area, to display lights as required by law, shall be prima facie evidence that such vessel is being, or has been, or is attempted t o be employed to defraud the reven ue of the United States. SE C. 4 . Subj ect to appeal to the Secretary of Commerce and und er Documentation of suspected vessels ; re- such regulations as he may prescribe, whenever the collector of cusal ; appeal. customs of the district in which any vessel is, or is sought to be, registered, enrolled, licensed, or numbered, is shown upon evidence which he deems sufficient that such vessel is being, or is intended to be, employed to smuggle, transport, or otherwise assist in the unlaw- ful in troduction or imp ortation into the United States of any mer- chandise or person, or to smuggle any merchandise into the terri- tory of any foreign government in violation of the laws there in force, if under the law s of such foreign government any p enalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, or whenever, from the design or fittings of any vessel or the nature of any repairs made thereon, it is apparent to such collector that such vessel has been built or adapted for the purpose of smuggling merchandise, the said col- lector shall revoke the registry, enrollment, license, or number of said v essel or refuse t he same if applic ation be made the refor, as the case may be. Such collector and all persons acting by or under Indemnification . his direction shall be indemnified from any penalties or actions for damages for carrying out the provisions of this section. SEC. 5 . Any vessel or vehicle forfeited to the United States, straotion d vessels whether summarily orbya decree of any court, for violation of any law respecting the revenue, may, in the discretion of the Secre- tary of the Treasury, if he deems it necessary to protect the revenue of the United States, be destroyed in lieu of the sale thereof under existing law. SE C. 6. Except into the districts adjoining to the Dominion of thirty Vessels o f less rden Canada, or into the districts adjacent to Mexico, no merchandise of importations on, pro- foreign growth or manufacture subject to the payment of duties hibited ; exceptions, shall be brought into the United States from any foreign port or place, or from any hovering vessel, in any vessel of less than thirty net tons burden without special license granted by the Secretary of the Tr easury under such conditions as he may prescribe, n or in any
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