Page:United States Statutes at Large Volume 49 Part 1.djvu/570

 74TH CONGRESS. SESS. I. CH. 438. AUGUST 5, 1935 . 525 collector within the district at which such vessel shall first arrive thereafter, and shall furnish proof that such unlading or transship- ment was made necessary by accident, stress of weather, or other un avoid able c ause, and if the coll ector is s atisfi ed th at th e unla ding or transshipment was in fact due to accident, stress of weather, or other necessity, the penalties described in this section shall not be incur red ." SEC . 206. Section 587 of the Tariff Act of 1930 (U . S . C ., Supp . c•P .89 7_ p 749;U. S. VII, title 19, sec. 1587) is amended to read as follows : " SEC. 587. EXAMINATION OF HOVERING VESSELS Examination of hov- ering vessels. "(a) Any hove ring vess el, or a ny ve ssel whi ch f ails (exc ept for cnBoardiongg,ce5te ., by una voidable c ause), at any place within th e customs waters or wit hin a cust oms-enforc ement are a establis hed under the Anti- Smu ggling Act, to displ ay lights as requir ed by law , or which has become subject to pursuit as provided in section 581 of this Act, or which, being a foreign vessel to which subsection (h) of s aid section 581 a pplies, is permit ted by special ar rangement with a foreign government to be so examined without the customs waters of the United States, may at any ti me be boarded and examined by any o fficer of the cus toms, and the pro visions of said s ection 581 shall apply thereto, as well without as within his district, and in examining the same, any such officer may also examine the master Examination of mas- upon oa th respecting the cargo and voyage of the ve sse l, and may also bring the vessel into the most convenient port of the U nited Stat es to exa mine the c argo, and if the master of said Penalty when master refuses to comply with vessel refuses to comply with the lawful directions of such officer directions. or does not truly answer such questions as are put to him respecting the vessel, its cargo, or voyage, he shall be liable to a penalty of not more than $5,000 nor less than $500. If, upon the examination t Seizure and for fei- o f any such vessel or its cargo by any officer of th e customs, any dutiable merchandise destined to the United States is found, or discovered to have been, on board thereof, the vessel and its cargo shall be seized and forfeited. It shall be presumed that any mer- c hand ise (sea stor es e xcep ted), the imp ortat ion of w hich into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, so found, or discovered to have been, on board thereof, is destined to the United States. "(b) If any vessel laden wit h cargo be found at any place in the vessels within cus- United States or within the customs waters or within a customs- toms waters having discharged prohibited e nforcement area est ablished u nder the Anti-Smugg ling Act a nd ca rgo . s uch vessel afterw ards is found lig ht or in ballast or having dis- c harged its cargo or any part there of, and the maste r is unable to g ive a due account of the port or p lace at which the cargo, or any part thereof, consisting of any merchandise the importation of which into the United States is prohibited or any spirits, wines, or other alcoholic liquors, was lawfully discharged, the vessel shall be seized and forfeited . "(c) Nothing contained in this section shall be construed to render Exempt vessels. any vessel liable to forfeiture which is bona fide bound from one foreign port to another foreign port, and which is pursuing her course, wind and weather permitting ." SEC. 207 . Section 615 of the Tariff Act of 1930 (U. S. C., Supp. forfeiture of proof in VII, title 19, sec . 1615) is amended by inserting a comma in place of Vol 46 ~p . 1 7 5 7 o the period at the end thereof and adding the following : "subject Rules. to the following rules of proof "(1) The testimony or deposition of the officer of the customs Testimony to fix place where act oc- who has boarded or required to come to a stop or seized a vessel tarred w or vehicle, or has arrested a person, shall be prima facie evidence of the place where the act in question occurred.