Page:United States Statutes at Large Volume 46 Part 1.djvu/791

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748

SEVENTY-FIRST CONGRESS . SEss. II . C$. 497 . 1930 . ADMINISTRATIVE PRO- SEC. 582. SEARCH OF PERSONS AND BAGGAGE-REGULATIONS . VISIONS . Search of pers ons , etc .,

The Secretary of the Treasury may prescribe regulations for the Regul ation s to be prescribed for .

search of persons and baggage an he is authorized to employ Female inspectors, female inspectors for the examination and search of persons of their own sex ; and all persons coming into the United States from foreig n countrie s shall be liable to detention and search by author - ized officers or agents of the Government under such regulations . Man ife sts .

SEC. 583. CERTIFICATION OF MANIFEST . Boarding det officer inspect, ffiy. The master of every vessel and the person in charge of every vehicle bound to a port or place in the United States shall deliver to the officer of the customs or Coast Guard who shall first demand it of him, the original and one copy of the manifest of such vessel or vehicle, and such officer shall certify on the back of the original manifest to the ins pection the reof and r eturn the same to th e master or other person in charge . Pen alti es . SEC. 584. FALSITY OR LACK OF MANIFEST-PENALTIES . m For~not producing Any master of any vessel and any person in charge of any vehicle b ound to th e United St ates who d oes not pr oduce the manifest to the officer demanding the same shall be liable to a penalty of OIIff articles found not $500, and if any merchandise, including sea stores, is found on board of or after having been unladen from such vessel or vehicle which is not included or described in said manifest or does not agree therewith , the mast er of such vessel or the person in charge of such vehicle or the own er of such vessel or vehicle s hall be li able to a penalty equal to the value of the merchandise so found or unladen, and a ny such mercha ndise b elongin g or co nsigned to the master or other officer or to any of the crew oI such vessel, or to the owner or person in charge of such vehicle, shall be subject to forfeiture, and notf fo articl e und. on ma nifest if any merchandise described in such manifest is not found on board the vessel or vehicle the master or other person in charge or the owner of such vessel or vehicle shall be subject to a penalty of $500 : Proviso .

Provided, That if the collector shall be satisfied that the manifest Exc eptions from cas- nafty,etc 0 was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the . master, said penalties shall not be incurred . Smoking opium .

If any of such merchandise so found consists of smoking opium Li abilit y of master s, or opium prepared for smoking, the master of such vessel or the etc ., if found on vessel . Enforcementby lien. person in charge of such vehicle or the owner of such vessel or vehicle shall be liable to a penalty of $25 for each ounce thereof so found. Such penalty shall, notwithstanding the proviso in section Post, p. 751.

5 94 of this Ac t (rela ting to the im munity of vess els or vehicle s used as common carriers), constitute a lien upon such vessel which Exception, if master may be enforced by a libel in rem ; except that the master or owner orgw edge of opium on opium board . of a vessel used by any person as a common carrier in the trans- action of business as such common carrier shall not be liable to such penalty 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 an d petty of ficers) no r the owner of the ve ssel knew, and could not, by the exercise of the highest degree of care and diligence, have Clearance withheld . known, that such smoking opium or opium prepared for smoking was on board . Clearance of any such vessel may be withheld until such penalty is paid or until a bond, satisfactory to the collector, is given for the payment thereof . The provisions of this paragraph