The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-11-20

form of an invoice or otherwise, showing
either the actual cost of the merchandise
included in such importation, or. to the
best of the knowledge, information, and
belief of the depOnent, the foreign market
value thereof: which statement shall he
verified hy the owner, Importer, consi4s-
nee. agent desiring to make entry of
the merchandise, and which oath Shall
he administered by the collector or his
deputy.
See IL. That before such oath is taken.
II shall be lawful for the collector or dep
uty administering the same TO question
the dcp0ncnt touching lie sources of his
knowledge, information or belief iii tie
Premises and to require. him to make oath
70 the s;lne and 10 produce any letter or
paper III his possession or Under his con-
troi, which may assist the officers of the
customs IN a@ecrtaiilinG the dutiable Naluc
of the importation, ol. any part thereof:
nnd in default OF such lrouuciion when
20 requested, such owner. importers, con-
si@nce. and agent shah be thereafter de-
barred from producing any such letter or
paper for the purpose ofaToilincr any men
ally or forfeiture incurred under this act
unless he shall show to he satisfaction of
the court that il WAS not in his power TO
produce the same when so demanded.
Sec. y. That any owner. importer cou-
Si9nee. agent, or other person " no shall,
with intent 10 dcfiaud the revenue, make
or attempt 20 MAKE, amy entry of import
ctl merchandise. by means of any fI;rllu-
lent OF false invoice. affidavit, letter, or
paper or by means OF amy false statement,
written or NGrlal, or who shall he guilty
OF amy w1llful act OF omission by means
whereof the United states shall he de-
priYed of he lawful duties, or any portion
thereof. ;ecr,line upon the merchandise,
or amy portion thereof, embraced or re-
fcrred to in such invoice, a:lilavit, letter,
paper. or statement. or affected bX such
act or omission, thall for each offcnse. be
fined in any sum not exceeding five thou
sand dollars nor less than fifty dollars. or
be iininsonc for any time not exceeding
two years, OF DOth;and, III n lditfon o Sitch
fine. such lhlercIan 1i~c shall be foIeted
which forfeiture shall only apply TO the
Whole of the merchandise in tile case
Ear>a-t. cnntafnin" the particular article
i or articles of merchandise TO which such
fraud or alleged fraud relates: and any
thing contained in amy act which provides
for the forfeiture or cOnHScatiOn of in en-
tire invoice in con%esI sIuence of any item
. or items contained in the same being mn
+ dcrvaluca, be, and the same Is hereby, re-
See. I3. That any merchandise entered
the provisions of the preceding section,
bat not subject to forfeiture under the
same section, may while owned by him or
them, or while i'll his or their possession,
/ To double the amount claimed, be taken
by the collector and he'd as security for
the payment otany fine or fines incurred
rs aforesaid. or may be levied upon and
sold ON execution to satisfy any judgment
recovered for such line or fines. But noth-
! ing herein contained shah prevent any
oHncror claimant from Obtaining 4 release
of surh merchandise on giving a bond.
with -ureticS satisfactory To the collector,
or, in case OF IN lcl;ti pForte tlnS sal ISfilc-
tory TO the court, OF the judge hereof, for
the payment o: any fine or fines so incurr-
cI: I'Tori' n, ho|G''el', That such nerchiln-
disc shall i'll no case be released until all
accrued duties thcLcoa shall have been
IfaiI or secured.
quircs that, to the cost or Misunderstanding of
amy goods. wares, and merchandise im-
ported into the United states, there shall
l'u II l'C1 To the invoice thereof, or. upon
the entry of such goods, wares, and NOR
c3andi-c, charges IoV inland-trstllSporta-
ti0I. commissions. port-duties, expenses
of shipping, cxport-dHties- cost OF pack
ages, boxes, on othcr articles containing
such goods. wares. ana merchandise, OF
any other inciaent;d expenses attending
the packing, shipping. cNportatiOn
thereof from he country on place where
purchased az manufactured. the omission,
without intent thaT1'!py o defrslul he rev
( t.nue. to add ana State the same on such
inyoicC or entry shall not be cause OF 4
forfeiture oi ~IEch goods, wares. and EIcr-
cll.lntlist4, or of The y;luo thereof; but in al
cases where the same. or any part thereof,
are omitted it shall De the duty of the COZ
Icctor ot appraiser TO add the same, for the
purposes of duty, To such invoice or entry
either III items Gr in gross, at such price
or amount as lie shall ti3cm just and rcls-
Onahic, (which price on amount shall, in
the absence OF protest, be conclusive. and
To impose and add thereto the furt her sum
OF one hundred p&r c@ntum OF the price OF
amount - n a1!.lt.tI: which addition shall
constitute Il Part OF the uuti;ti1lc value of
such goods, wares, and merchandise, and
shah t4c c0llectiblG as provided by law i'll
respect TO duties Oh imports.
sec. Is. That ii shall be the duty of any
officer OF person employed in the customs
revenue service of the United states, upon
detcs'!I ION OF any Nlolat ION OF the customs
. laws, forthwith 30 make complaint thereon
10 the collector of the district whose duty
. il SEall he promptly to report the same IL
, the district attorney OF the district III
which such frauds shall DC committed
Ilii,ncdi.l1eiv upon the receipt of such
complaint. ii. IN his Judgment. il can bG
. sustained. il shall be the duty OF such dis
, trict attorney to cause inNestigation iat6
F.. tIle fact~ to be made before a I niied State-
commissioner li;lE ing jurisdiction thereof
ana TO initiate proper proceedings to re.
cover tie fines and penalties in the prem
. iss's- ana % prosecute the same with the
+ utmost diligence TO tinai Judgment.
. Sec. Ii. That in aa actions, suits. and
proceedings III amy court OF the lnueJ
: States nOw pending or hereafter COM
meEced or prosecuted TO enforce or dcc!ar,
the forfeiture OF any goods, wares or mcr
4, . chan disc. or to recover the value thereof
; or amy other sum alleged to be forfeited
j, hy reason of any Violation OF the provis
, ions of the ctI-t oul--rcVenue laws, or any
: OF such provisions, in which action suit on
+ proceeding issue or issues OF fact shat
nave been joined. il shan be the duty o
> the court. ON the trial thSreot, 70 Submi
;, 10 he jury. rs Il distinct an scfrIlilte prOi
/ ">ition, whether he aIie5edact " ere doIt'
' viii an actual intention 10 dcifaud th'
: United States, and to require upon Suci
: proposition a special finding by such jury
: or. il such ISSUES be trlcd by the cour
/ without q Jury. il shah he the duty OF tht
+ court to pass upon and decide such prop
:. oSitian as "A dist met and separate findin.
. of fact: and in such cases, unless intent Il
/ dCffaud shall be 50 found, no inc. pe1rillt! :!
r or forfeiture sl.ail be imposed
: See. Il. That whenever. for an alicget
vocation OF the CiiStOmS-fevcnuc laws. an,
i person who shall be charged with havin.
I. fucnrrct any nne, pcnlity, 1otieuufe- o
: disability O!hcr than imprisonment, o
+. shall he Interested in amy vessel or ner
: chitndi~c seized or subject 10 seizure, W hcI
a the appraised value OF such vessel or nleI
chantiiSc Is no: less than one thouS8nt
n dollars, shall present his petition to TIL
=, jutIsc of the district in which the :tllege,
n Violation occurred, or in which the prof.
r crty i situated, setting forth, truly am
# part icui3riY. the facts. and circumstance
: OF the case, and praying for relief, stici
Judge shall, ii The case, i'll his Judgment
q requires. proceed to inquire in Il Sunmar,
: ut such reasonable time lntN he hNe
n by him for that purpose. of which Inc dis
J. trIct attorney, and the collector shall ID
II notified by the petitioner, i'll order tina
l. they may attend and show cause why tn
v petition should be refused.
l. Sec. Is. That the summary inveStigG
l. tion hereby provided for may he held bC
II ! fore the judge to whom the petition
It presented, or, if he shall so direct, DetoI
II amy United States commissioner Tor sue
j. district, and the factS appearing thereo
e shall be Stated and annexed to the pet
IT tiOn, and, together witt IL certified cop
l. Of the evidence, transmitted TO the Secr'
T. tary of The Treasury, who shall theTcupo
haue power to mitigate or remit such flnt
= penalty or forfeiture. or remove such dis
II blllty, or any part thereof, II, in his Opl1
II ion, the same shall have been mcuire
l. Without wilful negligence or any intel
or tion OF flalAi III the person or persons II
n curing the same, and to direct the proS'
" cution, if any shall have been institute
+ for the recovery thereof, TO cease an
n he discontinued upon such terms or COZ
IL ditions he may deem reasonable an
lc just.
e, Sec 10 That it shall not be lawful f
III any officer or officers of the United State
re United States to compromise or abate an
u claim of the United States arising undo