Page:United States Statutes at Large Volume 49 Part 1.djvu/565

 520 74T H CONGRESS. SESS. I. CII. 438 . AUGUST 5, 1935. other manner than by sea, except by aircraft duly licensed in accord- ance with law, or landed or unladen at any other port tha n is directed by law, under the penalty of seizure and forfeiture of all such unlicensed vessels or aircraft and of the merchandise imported therein, landed or unladen in any manner. Marks, labels, brands, or st amps, i ndicativ e of fo reign or igin, u pon or a ccompan ying mer - chandise or containers of merchandise found upon any such vessel or aircraft, shall be prima facie evidence of the foreign origin of such merchandise. certificate Liquor to import acc om- c o SEC. 7. In addition to any other requirement of law, every vessel, - pan y. not e xceedin g five h undred net tons, from a foreig n port or place. or which has visited a hovering vessel, shall carry a certificate for the importation into the United States of any spirits, wines, or other alcoholic liquors on board thereof (sea stores excepted), destined to Issue of. the United States, said certificate to be issued by a consular officer of the United States or other authorized person pursuant to such regulations as the Secretary of State and the Secretary of the Treas- Seizure and forfeiture may jointly prescribe. Any spirits, wines or other alcoholic when imported with- ury out certificate. liquors (sea stores excepted) found, or discovered to have been, upon any such vessel at any place in the United States, or within the customs waters, without said certificate on board, which are not shown to have a bona fide destination without the United States, Liquor in transit to shall be seized and forfeited and in the case of any such merchandise foreign port ; bond. I y so destined to a foreign port or place, a bond shall be required in double the amount of the duties to which such merchandise would be subject if imported into the United States, conditioned upon the delivery of said merchandise at such foreign port or place as may be certified by a consular officer of the United States or otherwise Pro viso. Erroneous c ertificate. a s provided in said regulations : Provided, That if the collector shall be satisfied that the certificate required for the importation of any spirits, wines, or other alcoholic liquors was issued and was lost or misla id with out frau d, or w as defac ed by a ccident, or is incorrec t by reason of clerical error or other mistake, said penalties shall not Effective date of see- tion be incurred nor shall such bond be required. This section shall take . effect on the sixtieth day following the enactment of this Act. Liability of master. SEC. 8. (a) If the master of any vessel of the United States, not exceeding five hundred net tons, allows such vessel to be laden at any foreign port or other place without the United States with any mer- chandise destined to the United States and consisting of any spirits, wines, or other alcoholic liquors (sea stores excepted), which facts may be evid enced b y the te stimony or depo sitions of for eign adm in- istrative officials or certified copies of their records or by other suffi- cient evidence, without certificate issued for the importation of such merchandise into the United States as required by section 7, the master of such vessel shall, in addition to any other penalties pro- vided by law, be liable to a penalty equal to the value of the said mer chandise but no t less t han $1, 000 and such ve ssel an d such m er- chandise shall be seized and forfeited. Penalty prov ision s. (b) Whoever, being a citizen of the United States or a master or a member of the crew of a vessel of the United States, if such vessel does not exceed five hundred net tons, shall, with intent to defraud the revenue of the United States, procure, or aid or assist in pro- cur ing, any mercha ndise de stined to the U nited S tates a nd consi st- ing of any spirits, wines, or other alcoholic liquors, without certifi- cate issued for the importation thereof into the United States as required by section 7, to be laden upon such vessel at any foreign port or other place without the United States, which facts may be evidenced by the testimony or depositions of foreign administrative officials or certified copies of their records or by other sufficient evi-