Year: 1867

such penalty, and may be seized and proceeded
against summarily, by libel, to recover sucn pen
atty, in any district court of the United States
having jurisdiction of the offence. ......


Sec. 9. 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-onc 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 person authorized to make search
and seizures by this act SHALL at the time OF ex-
ecuting any of the powers conferred upon him by
this act, make known, upon being questioned,
his character as an officer agent of the customs
or government and shall have authority to de-
mand of any person within the distance OF three
miles to assist him in making any arrest, search,
or seizure authorized by this act, where such as
siStance may be necessary; and it such person
shall withou reasonable excuse neglect or refuse
so to assist, upon proper demand, he shall be
deemed guilty of misdemeanor, and shall forfeit
q sum not exceeding two hundred dollars, nor
less than five dollars.
Sec. IL. And be it further snacted, That in all
of seizure of property subject to forfeiture
for any OF the causes named in this act or any
other act relating to the customs, the register
ing, or licensing of vessels, in force whin, in
the opinion of the collector or other principal Of
fcer of the revenue making such seizure the val
ue of the property seized shall not exceed five
hundred dollars, he shall cause list and particu-
lar description of the property so seized to be pre-
pared in duplicate, and an appraisement of the
same to be made by two sworn appraisers under
the revenue laws, if there are such appraisers at
or near the place of seizure; but if there are no
| such appraisers, then by two competent and dis
interested citizens of the United States to be Sc
lected by him for that purpose, residing at near
the place of seizure; which list and apprasment
shall be properly attested by by such collector or
| other officer and the persons making the apprai-
sal; and for such services of the appraisers they
shall be allowed out of the revenue one dollar and
| fifty cents each for every day necessarily employ
| ed in such service. If the amount of such ap-
praisal shall not exceed the sum of five hundred
| dollars, said collector other principal officer
shall publish notice once week for three sue
cessive weekf in some newspaper of the county or
place where such seizure shall have been made,
i if any newspaper shall be published in said coun-
ty; but if no newspaper shall be published in said
county, then such notice shall be published in
some newspaper the county in which the prin-
cipal customs office of the district shall be situa
| ted; and if no newspaper shall be published in
such county, then notices shall be posted in pro-
per public places, which notices shall describe the
articles seized, and state the time, cause, and
place of seizure, and shall require any person
claiming such articles to appear and file with such
collector other officer his claim to such articles
within twenty days from the date of the first pub
| lication of such notice.


Sec. IL. And be it further enacted, That any
person claiming the property so seized may, at
any time within twenty days from the date of
such publication, file with the collector other
officer claim, stating his her interest in the
articles seized, and, upon depositng with such
collector or other officer bond to the Uniled
States in the penal sum of two hundred and fifty
dollars, with two surites, to be approved by such
collector or other officer, conditioned that, in
case of the condemnation of the articles SO claim
ed, the obligors shall pay all the costs and expen


ses of the proceedings to obtain such condemna-
ton. Such collector other officer shall trans
NIT the same, with the duplicate list and descrip-


ton of the articles seized and claimed, to the


United States district attorney for the district


who shall proceed tor condemnation of the
property in the ordinary mode prescribed by law.


But if no such claim shall be filed nor bond given
within the twenty DAYS above specified such col.
lector or other officer shall give not less than fl


teen days uotice of the sale of the property &c


seized, by publication in the manner before men


toned, and, at the time and place specified il


such notice, he shall sell at public auction the


property so seized, and shall deposit the pro-


ceeds, after deducting the actual expenses of such


seizure, publication, and SALE to the credit of the


Treasurer of the United States, as shall be direc
ted by the Secretary of the Treasury: Provided


That the collector shall have power to adjourn


such sale from time to time for period not ex


ceeding thirty days i'll all.


. Sec. 13. And be it further enacted That any
person claiming IT, be interested in the property
, sold under the provisions of the proceeding [pre
, ccdingI section may, within three months afte


such sale, apply to the Secretary of the Treasury


for q remission of the forfeiture and restoration
. of the proceeds of such sale, and the same may
be granted by said Secretary, upon satisfactory


proof, to be furnished in such manner shall


direct, that the applicant, at the time of the sci
zure and sale of the property in question, did moi
know of the seizpre, aud was in such crcunl
stances prevented him from knowing of the


same, and that said forfeiture was incurred with


out wilful negligence any intention of fraud OIL


the part of the owner of such property.


See. II. And be it further enacted, That if nc


application for such remission or restoration shall


be made within three months after such sale, the
Secretary of the Treasury shall then cause the


proceeds Of such sale to be distributed in the


manner as if such property had been condemnnd


and sold in pursuance of decree OF a competent


court.


(To be continued)