Page:United States Statutes at Large Volume 46 Part 1.djvu/795

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752

SEVENTY-FIRST CONGRESS . SESS . II. CH. 497 . 1930 . ADMINI9TRA

.o- penalty and may be seized and proceeded against summarily by vI9ION8 . Pro viso .

libel to recover the same : Provided, That no vessel or vehicle used Rerri icnastocom- m on carr iers.

by an y person as a com mon carr ier in t he transa ction of busines s as such common carrier shall be so held or subject to seizure or for- feiture under the customs laws, unless it shall appear that the owner or master of such vessel or the conductor, driver, or other person in charge of such vehicle was at the time of the alleged illegal act a consenting party or privy thereto . Searches and seiz- SEC . 595. SEARCHES AND SEIZURES . ures . S earch wa rrants .

(a) WARRANT .-If any collector of customs or other officer or Application for use of, on suspicion of ille- person authorized to make searches and seizures shall have cause to g al imports in a house suspect the presence in any dwelling house, store, or other building or store. or place of any merchandise upon which the duties have not been pai d, or whi ch has be en oth erw ise br oug ht into the Uni ted States contrary to law, he may make application, und er oath, to any justice of the peace, to any municipal, county, State, or Federal judge, or to any United States commissioner, and shall thereupon be entitled to a warrant to enter su ch dwelli ng house in the daytime o nly, or such store or other place at night or by day, and to search for and Proviso.

seize such merchandise : Provided, That if any such house, store, or Buildings on bound- a ry line

other building, or place in which such merchandise shall be found, is upon or within ten feet of the boundary line between the United States and a foreign country, such portion thereof as is within the United States may forthwith be taken do wn or removed . Entry through and upon property of oth- (b) ENTRY UPON PROPE RTY OF OTHERS.-Any person authorized ers, e tc. by this Act to make searches and seizures, or any person assisting him or acting under his directions, may, if deemed necessary by him or them, enter into or upon or pass through the lands, inclosures, and buildings, other than the dwelling house, of any person whomsoever, in the discharge of his official duties . Buildings on bound- SEC . 596. B UILDING S ON BO UNDARY . ary . Punishment for re- Any person who receives or deposits any merchandise in any coiling' etc ., Imp orts building upo n the boundary l ine between the United States and any unlawfully in, foreign country, or carr ies any m erchandi se throu gh the sa me, or aids therein, in violation of law, shall be punishable by a fine of not more than $5,000, or by imprisonment for not more than two years, or both . Goods in warehouse . SEC. 597. FRAUDULENT TREATMENT OF GOODS IN WAREHOUSE. Punishment for If any merchandise is fraudulently con cea led in, removed fr om, fraudulently conceal- ing, removing, etc. or repacked in any bonded warehouse, or if any marks or numbers placed upon packages deposited in such a warehouse be fraudulently altered, defaced, or obliterated, such merchandise and packages shall be subject to forfeiture, and all persons convicted of the fraudulent c oncealment, repa cking, or remova l of such merchan dise, or of alte r- ing, defacing, or obliterating such marks and numbers thereon, and Ante, p . 75L

all persons aiding and abetting therein shall be liable to the same p enalties as are imposed by secti on 593 of this Act . Seals, etc .

SEC. 598 . OFFENSES RELATING TO SEALS-UNLAWFUL REMOVAL OF GOODS F ROM CU STO MS CUSTODY . Puni shment for aff ix- If any unauthorized person affixes or attaches or in any way ing false customs seals, e tc,

willfully assists or encourages the affixing or attaching of a customs seal or other fastening to any vessel or vehicle, or of any seal, fasten- ing, or mark purporting to be a customs seal, fastening, or mark

orif

et Remo ving , inj uring , an y una uthor ized pers on wi llfu lly o r mal icio usly remov es, break s, injures, or defaces any customs seal or other fastening placed upon