The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-09-27

AN ACT to prevent smuggling anu ioi 0'"''
EeS.
1T enacted by tire Senate and House of Repre-
sentstyes of the United States OF America IN Con-
cross assembled That for the purposes OF TINS ACT.
he TORN vessel whenever hereinafter used, shall
habeld TO include every description of water craft
raft vehicle and contrivance used or capable OF be-
ING used as a means or auxiliary OF uansportauoE
On or by water and the term vehicle whenever mere
insfer xsed shall be held to include every descrp
ton of carriage wagon. engine, car, sleigh: sled
sledge hurdle. cart and other artificial contrivanc
used OF capable of being used as means OF auAHi
airy of transportation on land :.
SEC q A7sd be IL further enacted, mat II
shall be lawful for any officer of the customs, 4ciu
ding INSPECTORS and occasional inspeetors or OF
revenue fnter or authorized agent Of tlN Treasury
Department or other person specially appointed loi
the purpose in writing by collector naVal oihcer'oi
surveyor Of the customs TO goo 9 9 u any '?
spect search, and examine the same ana any per,
SON trunk, or envelope on board ana 10 lnls enc
to hail and stop such vessel II under way ana 10 use
all necessary force to compel compliance; and II II
shall apSear 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 ofo imported by such vessel Is or are ia
BILE to for& ture to make seizure OF the same, or el
Their or in part thereof and to arrest or IN case OF e
cape or any attempt escape, to pursue and arrest
any person engaged such breach or Violation: F'o
otded That the original appointment IN Willing S o.
fled in the custom house where such appointment
is made. , mi. -.
SEC, 3. And be IL TuTthef e1@dcteG, 1ndI an
of the officers or persons authorized by the second
section of this act to board search vessels may
stop search and examine, as well without as Wlthln
their respective districts, any vehicle Deast or per
son on which or whom he on they snail suspect theFe
are goods wares or merchandise, which are suDlect
to duty or shall have been introduced INTO tle UNI
ted States in any mSnner contrary 10 Jaw; "hether
nv the person in possession charge, or by, IN or
apon such vehicle or beast, or otherwise; and to
search any trunk or envelope. wherever found, In
which he may have a reasonable cause to suspect
which iInDOrted contrary to
law: and il any such officer or other person so au-
thorized as aforesaid shall ind any goods, waAes oil
person or 10 any such trunk envelope, which he
shall have reasonable cause to believe are subject to
duty or 70 have been unlawfuy introduced into the
United States, whether by the person IN posses
81 On or charge, or by, in, or upon such Venlck,
beast or otherwise be shall seize and secure the
same for trial. and every such vehicle and beast, OF
either, together with teams or other motive power
used in conveying, drawing or propeling such vehi
Gle goods wares. or merchandise, and all other APP
purteRances, including trunks, envelopes, covers
and a means of concealment. and all the eQuipage
fraDpiDgs and other appurtenances of such beast
team or forfeiture; and ifany person who may DE
driving or conducting or in charge of any such We.
hicle or beast, any person travelling, shall vii
fully refuse to stop and allow search and examna-
tion to be made as herein provided, when required
so to do by any authorized person, he or she shall
on conviction, be fined in any sum, in the discretion
of the court convicting him or her. not exceeding
one thousand dollars no< 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 employment OF female in
spectors for the examination and search opersOns ei
their and all persons coming into the Uni
ted States from foreign countries shall be liable to
detention and search by authorized officers or agents
of the Government under such regulations as the
Secretary of the Treasury shall from to time pre-
srcribe ProUSded That no railway car or engine or
other vehicle, or team used by any person
corporation. common carriers shall be subject
to forfeiture by force of the provisions of this act
less il shall appear that the owner superintendent.
agent of the owner in charge thereof at the time
of such unlawfulmportaton or transportation there
on or thereby was consenting party or privy to
such illegal importation or transportation.
Sec. 4. And be ii further enacted, That if any
person shall frauduenty or knowingly import or
bring into the United States assist in doing.
any goods. wares or merchandise, contrary to law.
or shall receive, conceal buy sell or in any manner
facilitate the transportation. concealment sale of
such goods, wares, or merchandise after their i'm
portation, knowing the same to have been imported
contrary to law, such goods, wares, and merchan-
disc shall be forfeited and he or she shall, CON
VctOn thereof before any court OF competent juris
diction be fined in any SUN notiexceeding five thou
sand dollars less than fifty dollars, or be impris
oned for any time not exceeding two years or both,
at the discretion OF such court, ana IN all cases
where the possession of such goods shall be shown To
be in the defendant or where the defendant shall be
shown to have had possession thereof, such posses
sion shall be deemed evidence sufficient to author
ize conviction unless the defendant shall explain the
possession to the satisfaction of thejury.
SEC. 5. Ind be ii further enacted, That any
person authorized by this act to make searches and
seizures, any person assisting him acting nm
der his directions may, if deemed necessary by him
or them enter into or upon or pass through the
lands, enclosures and buildings, other than the
dwelling,hoqse OF any person whomsoever in the
night in the daytime in order to the more effect
ual discharge of his or their official duties.
Sec. 6. A1a& be 1t further resolved That if
any person shall forcibly assault, resist oppose
prevent, impede interfere with any officer of the
customs his deputy deputies, any person as
sisting them or either of them in the execution of
their duties, any person authorized by this act to
make searches or seizures, in the execution of his
duty, or shall rescue or attempt to rescue cause
to be rescued, any property which shall have been
seized by any person authorized aforesaid or shall
before, at or after any such seizure in order to pre-
vent the seizure or securing OF any goods wares.
merchandise by any person authorized aforesaid
stave, break, throw overheard destroy, remove
the same, the person SO offending shall for every
such offence on conviction thereof, forfeit and pay
sum of not less than one hundred dollars, nor more
than two thousand dollars, or shall be imprisoned
not less than one month nor moze than one year or
both, at the discretion of the court convcting him
or her, and shall stand committed until such fine
and the costs prosecution shall have been fully
paid; and if any person shall discharge any deadly
weapon at any person authorized as aforesaid 10
make searches or seizures, or shall any deadly
or dangerous weapon III resisting him in the execu-
ton of his duty, with intent to commit bodily in
jury upon him, to deter prevent him from dis
charging h's duty, every such person so offending
SHALL upon conviction thereof. be deemed guilty If
felony, and shall be imprisoned at hard labor for
term not exceeding ten yeSFs nor less than one
year.
Sec. Z. And be ii. further enacted, That if shall
be the duty of the several collectors of customs tn
report within ten days to the district attorney oftbe
district In which any fine or personal penalty NAV
be incurred for the violation of any law of the Uni
ted States relating to the revenue in all cages in
which such fine or penalty shall not be voluntarily
paid statement of all the facts and circumstances
OF the case within their knowledge together with the
names OF the witnesses, and which may come to
their knowledge from time to time, stating the pro-
visions on the law believed to be violated aud on
which reliance may be had for condemnation or
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 law in such Gaze provided. unless anon in
qulry and examination fe shall decide that con
Vctlon cannot probably be obtained or that the
ends of PUBLIC justice do not require that sut or
prosecution should be instituted in which case he
shall report the facts to the Secretary of the reasu
ry Tor his direction and and for expenses incurred
and services rendered in prosecutions for sucb no
and personal penalties, the district attornpv shall 70
ceVe such allowance as the Secretary of the Treas
ury shall deeR Just and reasonable Tpon tho certif
cate of the Judge before whom Auch Prosecution vas
had and If any collector shall in apy case fail In We
port to the proper district Attorney as prescribed in
this section, such collectors share of any fine or
penalty imposed or incurred in such case shall he
forfeited to the United States and the same shall be
awarded to such persons as may make coplplsint and
to prosecute the same to conviction.
sec. 8. And be 10 further enacted That in anv
case where vessel or the owner master or man
ager OF vessel shall be subject to penalty for a
violation OF the revenue laws ofthe United States
such vessel shall be holden for the payment of sncb
penalty, and my be seized and proceeded against
district court of the United States having iursdic
ton of the offence, ''9''N
Sec. 3. Aqd be 1t 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, eight
cen hundred and twentyOne, be, and the same is
hereby, so amended that wherever in said act the
word merchandise" occurs, the same shall read
goods wares or merchandise
Sec. 10. And be it further enacted, That
every officer or other perssn authorized to make
searches and seizures by this act shall at the time OF
executing any of the powers conferred upon him by
This act make known, upon being questioned his
character officer or agent Of the customs or
Government, and shall have authority to demand OF
any person within the distance of three miles to as
sist him in making any arrest search or seizure an
horized by this act, where such assistance shall be
necessary; and II such person shall without reason
able excuse neglect or refuse so to assist unon
proper demand, he shall be deemed guilty ola mis-
and shall forfeit sum not exceeding
wo hundreS dollars, nor less than five dollars
SEC. IL. ARd be 1T further reSOlpe9 That in all
of seizure of property subject to forfeiture for
my of the causes named in this act any other act
elating to the customs or the registering ENROLLING
,r licensing of vessels, in force when in the
opinion OF the collector other principal officer OF
3 oh. IL.