Year: 1867

riage wagon, engine car, sleigh, sleds, sledge,
hurdle, cart, and artificial contrivance, used
or capable of being used as ameans or auxiliary
of transportation on land.


Sec. 2. And be it further enacted, That itshall
be lawful for any officer of the customs, inclulng
inspectors and occasional inspectors, or OF
revenue cutter, or authorized agent OF the Treas
ury Department, or other person specially ap-
pointed for the purpose in writing by a colec-
tor, naval officer, or surveyor of the customs, to
go on board Of any vessel, as well without as
within his district, and to inspect search, and
examine the same, and any person, trunk, or
envelope on board and to this end, to hail and
stop such vessel if under way, and to use all nee
essary force to compel compliance: and II 1t
shall appear that any breach or violation OF the
laws of the United States has been committed,
whereby or in consequence of which, such YES
sci, or the goods, wares, and merchandise, or any
part thereof, on board of or imported by such
vessel, is or are liable to forfeiture, to make
seizure of the same, either or any part thereof
and to arrest, or in case of escape to pursue and
arrest any person engaged in such breach or vio-
lation Provided, That the original appoint
ment in writing of any person specially appoint
ed as aforesaid shall be filed inthe custom-house
where such appointment is made.


Sec 8. And be it further enacted, That any
of the officers or persons authorized by the sec
ond section of this act to board or search vessels
may stop, search, and examine, as well without
within their respective districts, any vehicles
beast, or person on which or whom he or they
shall suspect there are goods, wares, or merchan-
disc which are subject to duty or shall have been
introduced into the United States in any man.
ner contrary to law, whether by the person in
possession or charge, or by, in or upon such We
hicle or beast, otherwise, and to search any
trunk or envelope, wherever found, in which
he may have reasonable cause to suspect there
are goods which were imported contrary to law;
and if any such officer or other person so author
lied as aforesaid shall find any goods, wares, or
merchandise, on or about any such vehicle, beast,
or person. or in any such trunk or envelope,
which he shall have reasonable cause to believe
are subject to duty, or to have been nnlawfully
introduced into the United States, whether by
the person in possession or charge, or by, in, or
upon such vehicle, beast, or otherwise, he shall
seize and secure the same for trial and every
such vehicle and beast, or either, together with
teams or other motive-power used in conveying,
drawing, or propelling such vehicle, goods wares,
Or merchandise, and all other appurtenances,
including trunks, envelopes, covers and all
means of concealment, and all the equipage,
trappings, and other appurtances of such beast,
team, or vehicle shall be subject to seizure and
forfeiture; and fany person who may be driving
or conducting, or in charge of any such carriage
vehicle or beast, or any person travelling, shall
wlfully refuse to stop and allow search and eX-
animation to be made 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 eXcecdingo one thousand dollars, norless 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 inspectors for the exam
mat :On and search of persons of their sex :;
and all persons coming into the United States
from foreign countries shall be liable to dcten-
tion and search by authorized officers or agents
of the government, under such regulations as the
Secretary of the Treasury shall from time to time
prescribe: Provided, That railway or
engine or other vehicle, or team used by any cor
poration, common carriers in the transaction
oftheir business as such common carriers shall
he subject to forfeiture by force of the provisions
ofths act unless it shall appear that the owners,
superintendent, or agent of the owner in charge
thereof at the time of such unlawful Importation
or transportation thereon or thereby, was a con
senting party, or prlyy to such illegal lmpOrta--
tion or transportation


Sec t. And be it further enacted, That if any
person shall fraudulently knowingly import
or bring into the United States, or assist in SO
trarv to law, or shall receive, conceal buy, sell
or in any manner facilitate the transportation
concealment sale of such goods, wares, OF
merchandise, after their importation, knowing
the same to have been imported contrary to law
such goods, wares, and merchandise shall be
forfeited, and he or she shall, on conviction
thereof before any court of competent jurisdic
ton, be fined in any sum not exceeding five
thousand dollars nor less than fifty dollars, or be
imprisoned 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
defendant, shall be shown to have had posses
sion thereof, such possession shall be deemed
evidence sufficient to authorize conviction, un-
less the defendant snail explain the possession
the satisfaction of the jury.


Sec. 5. And be it further enacted, That any per
son authorized by this act to make searches and
seizures, or any person assisting him or acting
under 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 house of any person whomsoevcr, in
the night or in the day time, in order to the
more etectual discharge OF his or their oclal du-
ties.


Sec. 6. And be it further enacted, That if any
person shall forcby assault, resist, oppose, pre-
vent impede, or Interfere with any officer OF the
customs or his deputy or deputies, or any person
assisting them or either of them in the execution
of their duties, or any person authorized by this
act to make searches or seizures, in the execution
of his duty or shall rescue, or attempt to rescue,
or cause to be rescued any property which shall
have been seized by any person authorized as
aforesaid, or shall before. at, or after any such
seizure in order to prevent the seizure or secu-
ring of any goods, wares, or merchandise by any
person authorized as aforesaid, stave, break,
throw overheard, destroy, or remove the same,
the person so offending shall. for every such of
fence 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 month nor more than one year,
or both, at the discretion the court convictin.
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 afore-
said to make searches or seizures or shall use any
deadly or dangerous weapon in resisting him in
the execution of his duty, with intent to commit
a bodily injury upon him, to deter or prevent
him from discharging his duty, every such person
so offending SHALL upon conviction thereof, be
deemed guilty offclony, and shall be imprisoned
at hard labor for term not exceeding ten years
nor less than one year.


Sec. T. And be it further enacted, That it shall
be the duty of the several collectors OF customs
to report within ten days to the district attorney
of the district in which any fine personal pen
alty may be incurred for the violation OF any law
of the United States relating to the revenue, in
all cases in which such fine or penalty shall not
be voluntarily paid, statement OF all the facts
and circumstances of the case within their rknowl-
edge together with the names of the witnesses,
and which may come to their knowledge from
time to time stating the provisions Of the law be-
lieved to be violated, and on which reliance may
be had for q condemnation or conviction; and
such district attorney shall cause suit and prose-
cution to be commenced and prosecuted without
delay for the fines and personal penalties by law
in such case provided unless upon inquiry and
examination he shall decide that conviction can
not probably be obtained, or that the ends ofpub-
lie Justice do not require that suit prosecution
should be instituted in which he shall report
the facts to the Secretary of the Treasury for his
direction and for expenses incurred and services
rendered in prosecutions TOR such fines and per-
sonal penalties, the district attorney shall receive
such allowance as the Secretary of the Treasury
shall deem just and reasonable, upon the eertifi-
cate Of the Judge before whom such prosecution
was had; and if any collector shall in any case
fail to report to the proper district attorney, as
prescribed in this section, such collectors share
of any fine or rpenaity imposed or incurred in such
case shall be forfeited to the United States, and
the same shall be awarded to such persons as may
make complaint and prosecute the same to CEN