Page:United States Statutes at Large Volume 14.djvu/211

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

THIRTY-NINTH CONGRESS. Sess. I. Ch. 201. 1866. 181 the amount of such appraisal shall not exceed the sum of five hundred Ifamount of dollars, said collector or other principal officer shall publish a notice once °P{’”l£(;l§’;,0 a week for three successive weeks in some newspaper of the county or 2811;;:10, 1,,, $1,,; place where such seizure shall have been made, if any newspaper shall noticebe published in said county; but if no newspaper shall be published in said county, then such notice shall be published in some newspaper of the county in which the principal customs office of the district shall be situated; and if no newspaper shall be published in such county, then notices shall be posted in proper public places, which notices shall describe the Noticosto articles seized, and state the time, cause, and place of seizure, and shall mw wh°°· require any person claiming such articles to appear and file with such collector or other officer his claim to such articles within twenty days from the date of the first publication of such notice. Sec. 12. And be itfurther enacted, That any person claiming the prop- Claimant; oi erty so seized may, at any time within twenty days from the date of fomgigrgpfgzm such publication, file with the collector or other officer a claim, stating his within money or her interest in the articles seized, and, upon depositing with such col- d¤5’S· dw lector or other officer a bond to the United States in the penal sum of two lm t° mm hundred and fifty dollars, with two sureties, to be approved by such col- Bond. lector or other officer, conditioned that, in case of the condemnation of the articles so claimed, the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation. Such collector or other officer B<>¤d. list. $q¤· shall transmit the same, with the duplicate list and description of the arti- ::1;’f§;:::yd'° cles seized and claimed, to the United States district attorney for the dis- who shall proltrict, who shall proceed for a condemnation of the property in the ordinary °°°d1 *0 °b€Pi¤ mode prescribed by law. But if no such claim shall be filed nor bond °°?; 1g°,,,,, given within the twenty days above specified, such collector or other officer filed. noi- bond shall give not less than fifteen days’ notice of the sale of the property so §;Z°Q6 ';‘::g§.°*‘;‘,z seized, by publication in the manner before mentioned, and, at the time ,,-,1,, and mis; and place specified in such notice, he shall sell at public auction the prop- ¤¤<=*i<>¤· erty so seized, and shall deposit the proceeds, after deducting the actual s,,;:°°°°ds °f expenses of such seizure, publication, and sale, to the credit of the Treasurer of the United States, as shall be directed by the Secretary of the Treasury: Provided, That the collector shall have power to ad- ad$¤l¤ my l>• journ such sale from time to time for a period not exceeding thirty days ·l°°m° in all. Sec. 13. And be it further enacted, That any person claiming to be Persons inferinterested in the property sold under the provisions of the proceeding ?;°:g_;:”gO:€§.#` [preceding] section may, within three months after such sale, apply to the apply for mma,. Secretary of the Treasury for a remission of the forfeiture and a restore.- Si°¤ gcfdrfghh tion of the proceeds of such sale, and the same may be granted by said ::1*:;. 1,; QM Secretary, upon satisfactory proof, to be furnished in such manner as he upon proofs, kc. shall direct, that the applicant, at the time of the seizure and sale of the property in question, did not know of the seizure, and was in such circumstances as prevented him from knowing of the same, and that said forfeiture was incurred without wilful negligence or any intention of fraud on the part of the owner of such property. Sec. 14. And be it further enacted, That if no application for such re- lfnot made mission or restoration shall be made within three months after such sale, gfggstlgt the Secretary of the Treasury shall then cause the proceeds of such sale cams 0% me to to be distributed in the same manner as if such property had been con- bd distributeddemned and sold in pursuance of a decree of a competent court. Sec. 15. And be it further enacted, That whenever seiaurc shall be réfmiszdbb made of any property which, in the opinion of thelappraisers, shall be §ml;d’{,1m,_.0_ liable to perish or waste, or to be greatly reduced in value by keeping, or coedings rr cannot be kept without great disproportionate expense, whether such seiz- h“d· ure consist of live animals, or goods, wares, or merchandise, and when the property thus seized shall not exceed five hundred dollars in value, and when no claim shall have been interposed therefor as is hereinbefore