The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1866-12-30
OFFICIAL.
LAWS or THE UNITED STATES,
Passed at The FIRST Session of the Thirty Ninth
Congress.
CHAP. CCI-AN ACT further prevent Smuggling t
and for other Purposes.

CHAP CCI-AN ACT further prevent Smuggling
and for other Purposes.
BE IL enacted by the Senate and House of Repre-
sentatives of the United States of America in Con-
qeress assembled That for the purposes of this act
term vessel whenever hereinafter used, shall be
held to include every description of water-craft,
raft vehicle and continuance used capable of being
used as means or auxiliary of transportation on
or by water; and the term vehicle, whenever
hereinafter used, shall be held to include every des
crptiOn of carriage wagon, engine, car sleigh, sled,
sledge hurdle cart and other art cal continuance,
used capable of being used means or auxiliary
of transportation on land.
Soc : And be it further enacted, That it shall
be lawful for any officer of the customs, including
inspectors and occasional inspectors of revenue
cutter OF authorized agent of the Treasury Depart
ment, other person specially appointed LOT the
purpose in writing by collector, naval olncer OF
surveyor of the customs, to go on board any YES
sell as well without as within his district and to IN
speCt search. and examine the same, and any per
son trunk OF envelope board, and to this end 10
hail and stop such vessels if under way, ana 10 use
all necessary force TO compel compliance; ana II u
shall appear that any breach or violation OF the laws
of the United States has been committed, whereby
or in consequence of which, such vessel or the
goods wares and merchandise, or any part thereof
on board of or imported by such VeSsel, Is OF are
liable to forfeiture to make seizure of the
either part thereof and to arrest OF IN case OF
such breach or violation Provided, That the origi-
nal appointment in writing of any person specially
appointed as afore said sh all be filed in the custom
house where such appointment is made.
Sec 8. And be it further enacted, Ihat any Oh
the officers on persons authorized by the second sec
ton of his act to board or search vessels may stop
search and examine as well without as WITHIN tnelr
respective districts any venice, oeasS OF az
wares or merchandise which are subject to duty or
shall have been introduced into the United States
in anv manner contrary to law whether by the per
son in possession charge or by, in or upon such
vehicle or. beast otherwise, and to search any
trunk or envelope wherever found, in which ne may
have a reasonable cause to suspect there are goods
which we're imported contrary to law; ana II shy
such officer or other person so authorized as atore
said shall find anv goods, merchandise, on
about any such vehicle beast, or person, or IN
any such trunk orr envelope which he shall have
reasonable to believe are subject to duty OF TO
have been unlawfully introduced into the United
States whether by the person In possession or
charge or bv in or upon such vehicle, beast, or
otherwise he shall seize and secure the'same for
trial and every such YeChlcle and beast or either,
together with teams or other motive-pOwer used
in conveying drawing, or propelling such vehicle,
goods, wares, merchandise and all other APP
9urtenances Including trunks envelopes covers
and all means of conclement, and all the equipage,
tTappIngs, and other appurtenances OF sue beast,
team, OF vehicle shall be subject to seizure and
forfeiture and if any person who may be driving
conducting, or in charge of any such carriage or
vehicle or beast, OF any person travelling, shall
wilfully refuse to stop and allow search and exam
nation to be made herein provided, when
qured so to do by any authorized person. he or she
shall conviction, be fined in any sum- in the dis
erection of the court convicting him or her, not
Ceeding one thousand dollars, nor less than fifty
dollars: and the Secretary of the Treasury may
from time to time prescribe regulations for the
search of persons and baggage, and for the employ
ment of female inspectors for the examination and
search of persons of their own sex; and all persons
coming into the United States rom foreign coun-
tries shall be liable detention and search by
thOrized officers or agents of the government I'M
der such regulations the Secretary of the Treasu-
~ shall from time to time prescribe Provided,
That no railway car or engine OF other vehicle OF
team used by any person corporation common
carriers in the oftheir business such
common carriers shall be subject to forfeiture by
force of the provisions of this act unless it shall ap
pear that the owners, superintendent agent bot
the owner in charge thereof at the time of such
lawful importation OF transportation thereon
Inerepy' was consehtlhg party, OF prIVy 10 such
illegal importation or transportation.
Sec. 4. And be it further enacted, That if any
person shall fraudently or knowingly import or
bring in the United States, assist in doing, any
goods wares merchandise contrary to law,
shall receive, con cal buy, sell, or in any manner
facilitate the transportation, conceament sale of
portations knowing the same to have been imported
contrary to law, such goods, wares, and merchan-
disc shall be forfeited, and he or she shall on
victlOn thereof before any court, OF competent
jurisdiction, be fined in any not exceeding five
thousand dollars nor less than fifty dollars be i'm
prisOned for any time not exceeding two years, or
both at the discretion of such court and in all
cases where the possession of such goods shall be
shown to be in the defendant or where the defend
ant shall be shown to have had possession Thereof
such possession shall be deemed evidence sufficient
to authorize conviction unless the defendant shall
explain the possession to the satisfaction of the
jury.
Sec. 5 And be it further enacted, That any
person authorized by this act to make searches and
seizures, any person assisting him acting I'M
der his discretiOns may, if deemed necessary by him
or them enter into or upon on pass through the
lands, enclosures, and buildings, other than the
dwelling house of any person whomsOever, in the
nlgnI Ell III the Time IN order TO the more effect
ual discharge of his or their official duties.
Sec. ., And be it further enacted, That if any
person shall forcibly assault resist oppose prevent
impede or Interfere with any officer of the customs
or his deputy or deputies or any person assisting
them either of them in the execution of their du
ties, or any person authorized by this act to make
searches seizures, in the execution of his duty
shall rtscue, or attempt to rescue cause to be
rescued any property which shall have been seized
by any person authorized as aforesaid, shall be
FORE at OF after any such seizure order to pre-
vent the seizure securing of any goods wares or
lZP6a "A n 6aai6
stave, break, throw overheard, destroy, remove
the same the person SO offending shall, for every
such offence conviction thereof forfeit and pay
q sum of not less than hundred dollars nor
more than two Thousand dollars, shall be mpris-
oned not less than one month more than one
year. BOTH at the discretion of the convict
ing him or her, and shall stand committed until
such fine and the costs of prosecution shall have
been fully paid and if any person shall discharge
any deadly weapon at any person authorized as
aforesaid to make searches seizures shall use
any deadly or dangerous weapon in resisting him in
the execu ion of his duty, with intent to commit a
bodily injury upon him. or to deter prevent him
rom dlseharglng his duty, every such person so
offending shall, upon conviction thereof, be deemed
guilty of felony, and shall be imprisoned at hard
labor for a term not exceeding ten years nor less
than one year. y. - :, -.
Sec. Z. And be it further enacted, That it shall
be the duty of the several collectors of customs to
report within ten days the district attorney the
district IN which any fine or personal penalty may
DC incurred for the viol ton of any law of the Uni
ted States relating to the revenu , in all cases in
when sucn nne or penalty shall not be voluntarily
the case within their knowledge together with the
names OF the witnesses, and which may come to
their knowledge from time to me- stating the pro-
visions of the law believed to be violated and on
which reliance may be had for a condemnation
conviction and such district attorney shall cause
suit and prosecution TO be commenced and prosecu
ted without delay for the fines and personal penal
ties by laT In such case provided unless upon in
qulry and examintin he shall decide that cOnvic.
Gon cannot probably be obtained, as that the ends
OF public justice do not require that a suit or pros
ecution should be instituted in which case he shall
report the facts to the Secretary of the Treasury for
his direction; and for expenses Cured and ser
vices rendered in prosecutions for such fines aud
personal penalties the district attorney shall re-
ceive such allowance the Secretary of the Treas
Dry shall deem just and reasonable upon the certi
hcate of the judge before whom such prosecution
was had and if any collector hall in any ease fail to
report TO the proper district attorney as prescribed
IN this section such col ectos share of any fine or
penalty imposed or incurred in such case shall be
forfeited to the nlted States and the same shall
be awarded TO such persons may make Complaint
and prosecute the same to conviction
Sec. 6. And be it further enacted That in any
case where vessel or the owner master or mana.
ger OF a vessel shall be subject to penalty for
violation of the revenue laws of the United States
such vessel shall be holden for the payment of such
penalty. and may be seized and proceeded against
summarily by libel to recover such penalty in any
district court of the United States having urisdic
ton of the offence. ~ ess- -. a-s,s = - =
Sec 8. And be it further enacted, That the act
entitled :" An act further to regulate the entry of
merchandise imported into the United States from
any adjacent territory. approved March two
eighteen hundred and twenty one be- and the same
NV Id