shall willfully refuse to stop and allow search and examination to be made as herein provided, when required so to do by any authorized person, he shall be punishable by a fine of not more than one thousand dollars, nor less than fifty dollars."

Importations from Foreign Contiguous Territory

SEC. 6. As to importations from foreign contiguous territory, it is provided by Sections 3098 and 3099 of the Revised Statutes that:

R. S. 3098. "The master of any vessel, except resigtered vessels, and every person having charge of any boat, canoe or raft. and the conductor or driver of any carriage or sleigh, and every other person coming from any foreign territory adjacent to the United States, with merchandise subject to duty, shall deliver, immediately on his arrival within the United States, a manifest of the cargo or loading of such vessel, boat, canoe, raft, carriage, or sleigh, or of the merchandise so brought from such foreign territory, at the office of any collector or deputy collector which shall be nearest to the boundary-line, or nearest to the road or waters by which such merchandise is brought; and every such manifest shall be verified by the oath of such person delivering the same; which oath shall be taken before such collector or deputy collector; and such oath shall state that such manifest contains a full, just, and true account of the kinds, quantities, and values of all the merchandise so brought from such foreign territory."

R. S. 3099. "If the master, or other person having charge of any vessel, boat, canoe, or raft, or the conductor or driver of any carriage or sleigh, or other person bringing such merchandise, shall neglect or refuse to deliver the manifest required by the preceding section, or pass by or avoid such office, the merchandise subject to duty, and so imported, shall be forfeited to the United States, together with the vessel, boat, canoe, or raft, the tackle, apparel, and furniture of the same, or the carriage or sleigh, and harness and cattle drawing the same, or the horses with their saddles and bridles, as the case may be; and such master, conductor, or other importer shall be subject to a penalty of four times the value of the merchandise so imported.'

Seizure of Merchandise not Exceeding $500 in Value

SEC. 7. Having made such seizure, it is the duty of the collector to cause the merchandise seized to

be appraised in accordance with Section 3074 of the Revised Statutes, which provides that:

"In all cases of seizure of property subject to forfeiture for any of the causes named in any provision of law relating to the customs, or for the registering, enrolling, or licensing of vessels, when, in the opinion of the collector or other principal officer of the revenue making such seizure, the value of the property seized does not exceed five hundred dollars, he shall cause a list and particular description of the property seized to be prepared 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 disinterested citizens of the United States, to be selected by him for that purpose, residing at or near the place of seizure; which list and appraisement shall be properly attested by such collector or other officer and the person making the appraisal. For such services of the appraisers they shall be allowed out of the revenue one dollar and fifty cents each, for every day necessarily employed in such service."

Notice of Seizure not Exceeding $500 in Value

SEC. 8. It is also provided under Section 3075 of the Revised Statutes that:

"If the amount of the appraisal of the property so seized as forfeited shall not exceed the sum of five hundred dollars the collector or other principal officer shall publish a notice once a week for three successive weeks in some newspaper of the county or place where such seizure shall have been made, if any newspaper shall be published in such county; but if no newspaper shall be published in such county, then such notice shall be published in some newspaper of the county in which the principal customs office of the district shall be situated; and if no newspaper shall be published in such county, then notices shall be posted in proper 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 article to appear and file with such collector or other officer his claim to such articles within twenty days from the date of the first publication of such notice."

Filing of Claim to Ownership

SEC. 9. If the appraised value of the merchandise shall not exceed the sum of $500, any person claiming the property may file a claim thereto

under Section 3076 of the Revised Statutes, which provides 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 or other officers a claim, stating his interest in the articles seized, and, upon depositing with such collector or other officer a bond to the United States in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by such collector or other officer, conditioned that, in case of the condemnation of the articles so claimed the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation. Such collector or other officer shall transmit the same, with the duplicate list and description of the articles seized and claimed, to the United States district attorney for the district, who shall proceed for a condemnation of the property in the ordinary mode prescribed by law."

Seizure to Be Reported to District Attorney

SEC. 10. Where such claim to ownership has been filed, the collector of customs will report the seizure to the United States Attorney for his district for appropriate action, in accordance with Section 3084 of the Revised Statutes, which provides that:

"The several collectors of customs shall report within ten days to the district attorney of the district in which any fine, penalty or forfeiture may be incurred for the violation of any law of the United States, relating to the revenue, a statement of all the facts and circumstances of the case within their, knowledge, or which may come to their knowledge from time to time, stating the names of witnesses, and the provisions of the law believed to be violated, and on which a reliance may be had for condemnation or conviction. If any collector shall in any case fail to report to the proper district attorney, as prescribed in this section, such collector's right to any compensation, benefit, or allowance in such case shall be forfeited to the United States, and the same may, in the discretion of the Secretary of the Treasury, be awarded to such persons as may make complaint and prosecute the same to judgment or conviction."

Summary Sale

SEC. 11. If no such claim to ownership has been filed, the collector may proceed to a sale of the goods

without reporting the seizure to the United States Attorney for prosecution, in accordance with Section 3077 of the Revised Statutes, which provides that:

"If no such claim shall be filed or bond given within the twenty days above specified, such collector or other officer shall give not less than fifteen days' notice of the sale of the property so seized, by publication in the manner before mentioned; and, at the time and place specified in such notice, he shall sell at public auction the property so seized, and shall deposit the proceeds, after deducting the actual expenses of such seizure, publication, and sale, in the Treasury of the United States, as shall be directed by the Secretary of the Treasury. The collector, however, shall have power to adjourn such sale from time to time for a period not exceeding thirty days in all."

Restoration of Proceeds of Sale

SEC. 12. If the rightful owner of the merchandise has failed to file a claim therefor, in accordance with the provisions of Section 3076 of the Revised Statutes, he may within three months after sale apply for a remission of the forfeiture and a restoration of the proceeds of such sale under Section 3078 of the Revised Statutes, which provides that:

"Any person claiming to be interested in the property sold under the provisions of the preceding section may, within three months after such sale, apply to the Secretary of the Treasury for a remission of the forfeiture and a restoration of the proceeds of such sale, and the same may be granted by the Secretary upon satisfactory proof, to be furnished in such manner as he shall direct, that the applicant, at the time of the seizure and sale of the property in question, did not know of the seizure, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without willful negligence or any intention of fraud on the part of the owner of such property."

Distribution of Proceeds of Sale

SEC. 13. In the absence of an application for such remission of the forfeiture and the restoration

of the proceeds of sale, it is provided under Section 3079 of the Revised Statutes that:

"If no 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 same manner as if such property had been condemned and sold in pursuance of a decree of a competent court."

Summary Sale of Perishable Goods

SEC. 14. Should the merchandise under seizure be perishable, it is provided by Section 3080 of the Revised Statutes that:

"Whenever seizure shall be made of any property which, in the opinion of the appraisers, is liable to perish or waste, or to be greatly reduced in value by keeping, or which cannot be kept without great disproportionate expense, whether such property consists of live animals or merchandise, and when the property thus seized shall not exceed five hundred dollars in value, and when no claim shall have been interposed therefor as is hereinbefore provided, the appraisers, if requested by the collector or principal officer making the seizure, at the time when such appraisal is made, shall certify on oath, in their appraisal the belief that the property seized is liable to speedy deterioration, or that the expenses of its keeping will largely reduce the net proceeds of the sale; and in case the appraisers thus certify, such collector or other officer may proceed to advertise and sell the same at auction, by giving notice for such time as he may think reasonable, but not less than one week, of such seizure and intended sale, by advertisement as is hereinbefore provided; and the proceeds of such sale shall be deposited to the credit of the Treasurer of the United States, subject, nevertheless, to the payment of such claims as shall be presented within three months from the day of sale, and allowed by the Secretary of the Treasury."

Seizure of Merchandise Exceeding $500 in Value to Be Reported to United States Attorney SEC. 15. If a claim to ownership has been filed for any property seized not exceeding $500 in value, in accordance with the provisions of Section 3076 of the Revised Statutes, as well as in cases where the value of the merchandise under seizure