Page:United States Statutes at Large Volume 49 Part 1.djvu/571

 526 Marks indicative of foreign origin. Vessels in vicinity of hovering vessel. R.S.,sec. 3062, p. 588 .S. C., p. 821. Seizures and forfei- tures. Liability of members of crew, etc. R.S.,see.4197,p.809; U.S.C.,p.1989. Clearances; granting. Penalty provisions. Undocumented ves- sels numbe ring. Vol.40,p.602;U.S. 3 t 2007 0 . 6 p. ificate of number award. 74TH CONGRESS. SESS. I. CH. 438 . AUGUST 5, 1935. "(2) Ma rks, l abels, brand s, or s tamps, indic ative of fore ign or igin, up on or acc omp any ing me cha ndi se 1 or c ontainers of me rchandise, shall be prima facie evidence of the foreign origin of such merchandise. "(3) The fact that a vessel of any description is found, or dis- covered to have been, in the vicinity of any hovering vessel and unde r any circumsta nces indicating contact or co mmunication the re- with, whether by proceeding to or from such vessel, or by coming to in the vicinity of such vessel, or by delivering to or receiving from such vessel any merchandise, person, or communication, or by any other means effecting contact or communication therewith, shall be prima facie evidence that the vessel in question has visited such hovering vessel ." SEC . 208 . Section 3062 of the Revised Statutes (U . S . C., title 19, sec . 483) is amended to read as follows : "SEC. 3062 . (a) All vessels, with the tackle, apparel, and furni- ture thereof, and all vehicles, animals, aircraft, and things with the tackle, harness, and equipment therof, used i n, or employed to aid in, or to facilitate by obtaining information or otherwise, the unlading, bring ing in, importa tion, landing, removal, conce alment, harboring, or subsequent transportation of any merchandise upon the same or otherwise unlawfully introduced, or attempted to be introduced into the United States, shall be seized and forfeited. "(b) Any member of the crew of any such vessel and any person who ass ists, financ es, di rects, or is otherw ise co ncerned in th e unla d- ing, bringing i n, importation, landing, remov al, concealmen t, har- boring, or subsequent transportation of any such merchandise exceeding $100 in value, or into whose control or possession the same shall come without lawful excuse, shall, in addition to any other penalty, be liable to a penalty equal to the value of such goods, to be recovered in any court of competent jurisdiction, or to imprisonment for not more than five years, or both ." SEC. 209 . Section 4197 of the Revised Statutes, as amended (U . S . C ., title 46, sec . 91), is amended by striking out the second sentence and inserting in lieu thereof the following "If any vessel bound to a foreign port (other than a licensed yacht not en gaging in any trade nor in an y way violating the reve- nue laws of the United States) departs from any port or place in the United S tates without a clearance, or if the master delivers a false manife st, or does no t answer truly the questions d emanded of him, or, having received a clearance adds to the cargo of such vessel without having mentioned in the report outwards the intention to do so, or if the departure of the vessel is delayed beyond the second day after obtaining clearance without reporting the delay to the collector, t he master or o ther person hav ing the charge or command of such vessel shall be liable to a penalty of not more than $1,000 nor less than $500, or if the cargo consists in any part of narcotic drugs, or any spirits, wines, or other alcoholic liquors (sea stores excepted ), a penalty of not more than $5,000 nor les s than $1,000, for each offense, and the vessel shall be detained in any port of the United States until the said penalty is paid or secured ." SEC . 210 . Section 1 of the Act approved June 7, 1918 (40 Stat . 602; U. S. C., title 46, sec. 288), is amended by adding at the end thereof the following new sentence : "When a number is awarded to a vessel under the provisions of this Act, a certificate of such award shall be issued by the collector, the said certificate to be at all times kept o n board of suc h vessel and to constitute a d ocument in lieu of enrollment or license ." 1 So in original.
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