Page:United States Statutes at Large Volume 53 Part 1.djvu/466

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458 CODIFICATION OF INTERNAL REVENUE LAWS SEC. 3722. SPECIAL DISPOSITION OF PERISHABLE GOODS. When any property which is seized under the provisions of section 3720 is liable to perish or become greatly reduced in price or value by keeping, or when it can not be kept without great expense- (a) APPLICATION FOR EXAMINATION. -The owner thereof, or the marshal of the district, may apply to the collector of the district to examine it; and (b) APPRAISL.. - If, in the opinion of said collector, it shall be necessary that the said property should be sold to prevent such waste or expense, he shall appraise the same; and thereupon (c) RETURN TO OWNER UNDER BoND.-The owner shall have said property returned to him upon giving bond in such form as may be prescribed by the Commissioner, and in an amount equal to the ap- praised value, with such sureties as the collector shall deem good and sufficient, to abide the final order, decree, or judgment of the court having cognizance of the case, and to pay the amount of said ap- praised value to the collector, marshal, or otherwise, as he may be ordered and directed by the court, which bond shall be filed by said collector with the United States district attorney for the district in which the proceedings in rem authorized in section 3723 may be commenced. (d) SATL IN ABSENCE OF BOND. - (1) ORDER To SELL.- I f said owner shall neglect or refuse to give said bond, the collector shall issue to a deputy collector or to the marshal aforesaid an order to sell the same. (2) MANNER OF sALE.- The deputy collector or marshal shall thereupon advertise and sell the said property at public auction in the same manner as goods may be sold on final execution in said district. (3) DIsPosrrmN OF PROCEEDS. - The proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be paid to the court aforesaid, to abide its final order, decree, or judgment. SEC. 3723. JUDICIAL PROCEEDINGS TO ENFORCE FORFEITURE. (a) NATURE AND VENUEF-The proceedings to enforce such for- feitures shall be in the nature of a proceeding in rem in the district court of the United States for the district where such seizure is made. (b) SERVICE OF PROCESS WHEN PROPERTY HAS BEEN RETURNED UNDER BOND.- In case bond as provided in section 3722 (c) shall have been executed and the property returned before seizure thereof by virtue of process in the proceedings in rem authorized in subsection (a) of this section, the marshal shall give notice of pendency of proceedings in court to the parties executing said bond, by personal service or publication, and in such manner and form as the court may direct, and the court shall thereupon have jurisdiction of said matter and parties in the same manner as if such property had been seized by virtue of the process aforesaid. (c) COST OF SEIZURE TAXABLE.- T he cost of seizure made before process issues shall be taxable by the court. (d) CONSOLIDATION.- For consolidation of seizures in one suit, see B. S . 920 (U. S . C ., Title 28, § 733). SEC 3724. GOODS VALUED AT $500 OR LESS. In all cases of seizure of any goods, wares, or merchandise as being subject to forfeiture under any provision of the internal revenue laws which, in the opinion of the collector or deputy collector making the seizure, are of the appraised value of $500 or less, the said collector or deputy collector shall, except in cases otherwise provided, proceed as follows: (a) Iar ALD AND PPRASEENT. -He shall cause a list containing a particular description of the goods, wares, or merchandise seized to