Page:United States Statutes at Large Volume 18 Part 1.djvu/664

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592 TrrLn xxx1v.—COLLECTION OF DUTIES.—-(Ju. 10. 2 Mar., 1799. c- facilitate the transportation, concealment, or sale of such merchandise 22,% gg?-1g6g7S- after importation, nowing the same to have been imported contrary to 20, s_“4yg,_ ly; law, suc merchandise shall be forfeited and the offender shall be hned 179: ’ ’ in any sum not exceeding five thousand dollars nor less than fifty dollars, 20 July, 1876, J or be imprisoned for any time not exceeding two years, or both. When- R- 1i’·*·2»"·19· ever, on trial for a violation of this section, the defendant is shown to

 have or to_have had Hipossession og such goods, such posseslmop séhall be

,,,,,,,;,,1,,,0,, ,,,,,,7 deemed evidence su cient to aut OPIQB conviction, un ess the e endant HOW, 85; a§,Ock_ shall explain the possession to the satisfaction of the jury. gall {LSU. S.,1lO39WIall§ 531 UQSS1:. Farnsgogthj 1SMas6l;§_Cla{,k ligpltecgcgn Ins. o., tory, ; . .1-. oo , prague, ; . .v. in, a ., . NoticetoSolicitor Sec. 3083. Whenever any seizure shall be made for the purpose of en-

  • E* forcing any forfeiture, the collector or other person causing such seizure

29 M“Y· 1830* °‘ to be made shall immediately give information thereof to the [Solebctir] 153 s.4 v.4 .415. . . 27 F_I,b_, {{77, c_ [Solicitor] of the Treasury. 09, 1-. 19, p. 247. Collectors tore- Sec. 3084. The several collectors of customs shall report within ten PO12 *0 *119**1*5* ¤*· days to the district attorney of the district in which any fine, penalty, ‘°°'""Y“· or forfeiture may be incurred for the violation of any law of the United 18 July, 1866, c. States relating to the revenue, a statement of all the facts and circum- 29r S- 7· V- 1‘1» P- stances of the case within their knowledge, or which may come to their 1'§‘Mm, ,873 c knowledge from time to time, stating the names of the witnesses, and the 244, ,,_ 17: p_ 5g6_provisions of the law believed to he violated, and on which a reliance may be had for condemnation or conviction. If any collector shall in any case fail to report to the proper district attorney, as prescribed in this section, such collector’s right to any compensation, benefit, or allowance in such case shall be forfeited to the Lnited States, and the same may, in the discretion of the Secretary of the Treasury, be awarded to such persons as may make complaint and prosecute the same to judgment or conviction. [Bw5B8S-1 Duty of district Sec. 3085. District attorneys, upon receiving the report of a collector, ¤¤·¤m¤Y¤· shall cause suit and prosecution to be commenced an< prosecuted withjg July, 1355, c_ out delay for the fines and personal penalties by law in such case pro- 201, s. 7, v. 14, p. vided, unless upon inquiry and examination they shall decide that a 173- M ,873 conviction cannot probably be obtained, or that the ends of public jus- 244 v_'j'QZ*p 58{_°' tiee do not require that a suit or prosecution should be instituted, in ’ ’which case they shall report the facts to the Secretary of the Treasury for his direction. For expenses incurred and services rendered in prosecutions for such fines and rsonal penalties, they shall receive such allowance as the Secretary ofylzhe Treasury shall deem just and reasongblp, upon the certificate of the judge before whom such prosecution was a , [seo gs sas, ssl.] Custodyofsoods. Sec. 3086.f All rperclpanglisg or pytéperty of any kindhseized underilthe is Jul ,1866, c. provisions o any awo the United States re atin to the customs,s a l, 201, s. 3i; v. 14, p. unless otherwise provided for by law, be placedand remain in the cus- 18Em.___. tody of the collector or other principal officer of the customs of the dis- ,31igi,t:"“gflg_I%}lYéj trict in which the seizure shall_ be made, to abide adjudication by the ,._ FN?] h,,ng,§gbp1€p;1·;£b;psl, pr oahesr dlgpgztion accprdlng to law. C, Boxes 'pes, ., . ., ; ms. z v. ’. ., 4 . , 142; Sc malz v. U. S., 5 C. s., 294. lnstiwtion of Sec. 3087. The collector within whose district au seizure shall be

  • “““· __ made or forfeiture inourred for any violation of the dizty laws is hereby

2 Mar., 1799, o. enjoined to cause suits for the same to be commenced without delay, and 22, S- 8% V- 1- P- prosecuted to effect; and is, moreover, authorized to receive from the 692 court within which such trial is had, or from the proper officer thereof, the sum recovered, after deducting all roper char es to be allowed by thehcomrg {md on repeipt tliereof he shall pay ang distribute the same _ wit ou e ay, accor ing to aw. ,0,1;*;*;,,*;*,10,;:*81* Sec. 3088. Whenevel· a vessel, or the owner or master of a vessel, has ig-Jhlygé-Gr? become subject to a penalty for a violation or the revenue laws of the 20,,s_8_v_i4,p_,g,0: L mted States, such vessel shall be holden for the payment of such pen- ~Tj;gg, alty, and may be seized and proceeded against summarily by libel to souri, 3Ben., 508. recover such penalty.