Page:United States Statutes at Large Volume 49 Part 1.djvu/574

 74TH CONGRESS. SESS. I. CH. 438. AUGUST 5, 1935 . 529 ture, and the. cargo, found on board her, shall be forfeited. But when licensed for macke rel fishi ng. vessels which may be licensed for the mackerel fishery shall not incur such forfeiture by engaging in catching cod or fish of any other description whatever. For the purposes of this section, marks, labels, Marks of foreign ori- brands, or stamps, indicative of foreign origin, upon or accompany- gin presumption. ing merchandise or containers of merchandise found upon any vessel . shall be prima facie evidence of the foreign origin of such mer- ch andise. " SEC . 314 . Section 7 of the Act approved Ju ne 19, 1886 (ch . 421, cvol . 24, P . 81;U.S. 24 Stat. 81; U. S. C., title 46, sees. 317, 319), as in part repealed by the Act of February 28, 1933 (47 Stat . 1349), is amended by Vol.47,p .1349. striking out the period at the end of the first sentence and inserting Trading by unli- a comma in lieu thereof, and by striking out the second sentence and tensed vessels . inserting in lieu thereof the following : "' and if she have on board vessels having on board tax-unpaid any merchandise of foreign growth or manufacture (se a stores goods . excepted), or any taxable domestic spirits, wines, or other alcoholic liquors, on which the duties or taxes have not been paid or secured Forfeiture . to be paid, she shall, together with her tackle, apparel and furniture, and the ladin cr found on board be forfeited. Marks, labels brands Marks of foreign ori- or stamps, indicative of foreign origin, upon or accmpanying mer? g' presumption. chandise or containers of merchandise found on board such vessel, shall be prima facie evidence of the foreign origin of such mer- chandise. But if the license shall have expired while the vessel was at sea, and there shall have been no opportunity to renew such license, then said fine or forfeiture shall not be incurred ." TITLE IV SECTION 401. When used in this Act : Defi nitio ns . (a) The term " United States ", when used ina ge ogra phic al "United States ." sense, includes all Territories and possessions of the United States, except the Phil ippine Islands, t he Virgin Islands, the Canal Zone, American Samoa, and the isla nd of Guam . (b) The term " officer of the customs " means any officer of the to " or cer of the eus Customs Service or any commissioned, warrant, or petty officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or appointed in writing by a collector, to perform the duties of an officer of the Customs Service. (c) The term " customs waters " means, in the case of a foreign "Cus toms wa ters ." vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or othe rwise to enfo rce upon such ves sel u pon the high seas the law s of the United States, the waters -within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the Unit ed St ates. (d) The ter m " hove ring vess el " means any vessel which is "Hovering vessel ." found or ke pt off the coast of the United Sta tes within or wit hout the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue. SEC. 402 . If any clause, sentence, paragraph, or part of this Act, Separability of Act. or the application thereof to any person, or circumstances, is held invalid, the application thereof to other persons, or circumstances, and the remainder of the Act, shall not be affected thereby. SEC. 403. This Act may be cited as the "Anti-Smuggling Act "_ Short title . Approved, August 5, 1935. 104019'-36 -34