Page:United States Statutes at Large Volume 49 Part 1.djvu/568

 74TH CONGRESS. SESS. I. CH. 438. AUGUST 5, 1935 . search, seize, or otherwise to enforce upon said vessel upon the high seas the laws of the United States except as such authorities are or may otherwise be enabled or permitted under special arrangement with such foreign government ." (b) Section 3072 of the Revised Statutes (U . S. C., title 19, sec . 506) is hereby repealed . SEC. 204 . (a) The last paragraph of section 584 of the Tariff Act of 1930 (U . S. C., Supp. VII, title 19, sec. 1584) is amended to read as follows " If any of such merchandise so found consists of heroin, mor- phine, or cocaine, the master of such vessel or person in charge of such vehicle or the owner of such ve ssel or vehicle shall b e liable to a penalty of $50 for each ounce thereof so found. If any of such merchandise so found consists of smoking opium or opium prepared for smoking, the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle shall be liable to a pe nalty of $25 for each ounce thereof so found. If any of suc h merchandise so found consists of crude opium, the master of such ve ssel or person i n charge of such vehicle or the owner o f such v essel or vehicle shall be liable to a penalty of $10 for each ounce thereof so found. Such penalties shall, notwithstanding the proviso in sec- tion 594 of this Act (relating to the immunity of vessels or vehicles used as common carriers), constitute a lien upon such vessel which may be enforced by a libel in rem ; except that the master or owner of a vessel used by any person as a common carrier in the transaction of business as such common carrier shall not be liable to such pen- alties and the vessel shall not be held subject to the lien, if it appears to the satisfaction of the court that neither the master nor any of the officers (including licensed and unlicensed officers and petty officers) nor the owner of the vessel knew, and could not, by the exercise of the highest degree of care and diligence, have known, that such narcotic drugs were on board. Clearance of any such vessel may be withheld until such penalties are paid or until a bond, satis- factory to the collector, is given for the payment thereof. The provisions of this paragraph shall not prevent the forfeiture of any such vessel or vehicle under any other provision of law ." (b) Section 584 of the Tariff Act of 1930 (U. S. C., Supp. VII, title 19, sec . 1584) is amended by ad ding at the end thereof the following new paragraph "If any of such merchandise (sea stores excepted), the importa- tion of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors for the importation of which into the United States a certificate is required under section 7 of the Anti-Smuggling Act and the required certificate be not shown, be so found upon any vessel not exceeding five hundred net tons, the vessel shall, in addition to any other penalties herein or by law provided, be seized and forfeited, and, if any manifested mer- chandise (sea stores excepted) consisting of any such spirits, wines, or other alcoholic liquors be found upon any such vessel and the required certificate be not shown, the master of the vessel shall be liable to the penalty herein provided in the case of merchandise not duly manifested : 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 mislaid without in tentio nal fr aud, o r was deface d by a cciden t, or is inc orrect by re ason of clerical error o r other mistake, said pe nalties shall n ot be incurred ." 523 Seizures . R.S., sec . 307 2, p. 590 Vol. 46, p. 748; U. S. C., p. 897. Falsity or lack of manifest . Unman ifested nar- cotics importati on. Penalty for. Penalties to consti- tute lien on vessel ; en- forcement . Vol .46,p.751 . Exception vessel used as common carrier. Withholding clear- ance of vessels . Vol.46,p .748;U.S. C.,p.897. Vessels having pro- hibited merchandise or undocumented li quo rs on hoard . Seizure and for fei- ture . Liability of master . Pr oviso . Lost or erroneous certificate.
 * U.S.C.,p.822.
 * master of