Chapter CLXIV. *to prevent Smuggling, and for other Purposes.* June 27, 1864.1864, ch. 239.*Post*, p. 381. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That, from and after the passage of this aet, all goods, wares, and merchandise, and all bagga
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Chap. CLXIV.— An Act *to prevent Smuggling, and for other Purposes.* June 27, 1864.1864, ch. 239.*Post*, p. 381. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That, from and after the passage of this aet, all goods, wares, and merchandise, and all baggage and effectsGoods, &c., imported, how to be unladen and inspected at first port of arrival. of passengers, and all other articles imported into the United States from any contiguous foreign country or countries, except as hereafter provided, as well as the vessels, cars, and other vehicles and envelopes in which the same shall be imported, shall be unladen in the presence of, and be inspected by, an inspector or other officer of the customs, at the first port of entry or custom-house in the United States where the same shall arrive; and to enable the proper officer thoroughly to discharge this duty, he may require the owner or owners, or his, her, or their agent, or other person having charge or possession of any trunk, travelling-bag or sack, valise,Trunks, closed vessels, &c., to be opened, &c.; or other envelope, or of any closed vessel, car, or other vehicle, to open the same, or to deliver to him the proper key; and if such owner, agent, or other person shall refuse or neglect to comply with his demands, the said officer shall retain such trunk, travelling-bag or sack, valise, or whatsoever it may be, and open the same, and, as soon thereafter as may be practicable, examine the contents; and if any article or articles subject to the payment of duty shall be found therein, the whole contents, together with the envelope, shall be forfeited to the United States, and disposed ofto be forfeited if dutiable articles are found therein. as the law provides in other similar cases.
And if any such dutiable goods, article or articles, shall be found in such vessel, car, or other vehicle, the owner, agent, or other person in charge of which shall have refused to open the same or deliver the key as herein provided, the same, together with the vessel, ear, or other vehicle, shall be forfeited to the United States, and shall be held by such officer, to be disposed of as the law provides in other similar cases of forfeiture. Sec. 2. *And be it further enacted*, That to avoid the inspection at theProceedings to avoid inspection at first port. first port of arrival, required by the first section of this act, the owner, agent, master, or conductor of any such vessel, car, or other vehicle, or owner, agent, or other person having charge of any such goods, wares, merchandise, baggage, effects, or other articles, may apply to any officer of the United States duly authorized to act in the premises, to seal or close (he same, under and according to the regulations hereinafter authorized, previous to their importation into the United States; which officer shall seal or close the same accordingly; whereupon the same may proceed to their port of destination without further inspection: *Provided*,Proviso.
That nothing contained in this section shall be construed to exempt such vessel, car, or vehicle, or its contents, from such examination as may be necessary and proper to prevent frauds upon the revenue and violations of this act: *And provided, further*, That every such vessel, car, or otherProviso. vehicle, shall proceed, without unnecessary delay, to the port or place of its destination, as named in the manifest of its cargo, freight, or contents, and be there inspected, as provided in section one.
Sec. 3. *And be it further enacted*, That the Secretary of the TreasuryRegulations for sealing, &c., cars, marking goods, &c. be, and he is hereby, authorized and required to make such regulations, and from time to time so to change the same as to him shall seem necessary and proper, for sealing such vessels, cars, and other vehicles, when practicable, and for sealing, parking, and identifying such goods, wares, merchandise, baggage, effects, trunks, travelling-bags or sacks, valises, and other envelopes and articles; and also in regard to invoices, manifests, and other pertinent papers, and their authentication.
Sec. 4. *And be it further enacted*, That if the owners, master, or personPenalty on owners, &c., for not proceeding to place of destination, &c. in charge of any vessel, car, or other vehicle, sealed as aforesaid, shall not proceed to the port or place of destination thereof named in the manifest of its cargo, freight, or contents, and deliver such vessel, car, or vehicle, to the proper officer of the customs, or shall dispose of the same by sale or198 otherwise, or shall unload the same, or any part thereof, at any other than such port or place, or shall sell or dispose of the contents of such vessel, car, or other vehicle, or any part thereof, before such delivery, he shall be deemed guilty of felony, and on conviction thereof, before any court of competent jurisdiction, pay a fine not exceeding one thousand dollars, or shall be imprisoned for a term not exceeding five years, or both, at the discretion of the court; and such vessel, car, or other vehicle, with its contents, shall be forfeited to the United States, and may be seized wherever found within the United States, and disposed of and sold as in other Proviso.cases of forfeiture: *Provided*, That nothing in this section shall be construed to prevent sales of cargo, in whole or in part, prior to arrival, to be delivered as per manifest, and after due inspection.
Sec. 5. Penalty for unlawful breaking or opening, &., seals, fastenings, &c.*And be it further enacted*, That if any unauthorized person or persons shall willfully break, cut, pick, open, or remove any wire, seal, lead, lock, or other fastening or mark attached to any vessel, car, or other vehicle, crate, box, bag, bale, basket, barrel, bundle, cask, trunk, package, or parcel, or anything whatsoever, under and by virtue of this act and regulations authorized by it, or any other act of congress, or shall affix or attach, or in any way willfully aid, assist, or encourage the affixing or attaching, by wire or otherwise, to any vessel, car, or other vehicle, or to any crate, box, bale, barrel, bag, basket, bundle, cask, package, parcel, article, or thing of any kind, any seal, lead, metal, or anything purporting to be a seal authorized by law, such person or persons shall be deemed guilty of felony, and, upon conviction before any court of competent jurisdiction, shall be imprisoned for a term not exceeding five years, or shall pay a fine of not exceeding one thousand dollars, or both, at the discretion of the court.
And each vessel, car, or other vehicle, crate, box, bag, basket, barrel, bundle, cask, trunk, package, parcel, or other thing, with the cargo, or contents thereof, from which the wire, seal, lead, lock, or other fastening or mark shall have been broken, cut, picked, opened, or removed by any such unauthorized person or persons, or to which such seal or other thing purporting to be a seal, has been wrongfully attached as aforesaid, shall be forfeited to the United States. Sec. 6.
Penalty under act 1862, ch. 169, § 1, and how applied.Vol. xii. p. 571.*And be it further enacted*, That from and after the passage of this act the penalty for violating any of the provisions of the first section of the act entitled “An act to further provide for the collection of the revenue upon the northern, northeastern, and northwestern frontier, and for other purposes,” approved July fourteen, one thousand eight hundred and sixty-two, shall be a fine of one hundred dollars, and the same shall be disposed of and applied as herein provided for the distribution of fines and penalties recovered by virtue of this act; and so much of the said first section as conflicts herewith is hereby repealed.
Sec. 7. *And be it further enacted*, That the Secretary of the Treasury be, and he is hereby, authorized to appoint whenever he shall think it Additional inspectors.necessary, additional inspectors of the revenue for the districts named below, as follows, to wit: Passamaquoddy, Maine, four; Portland and Falmouth, Maine, eight; Boston and Charlestown, Massachusetts, fourteen; Pembina, Minnesota, two; Chicago, Illinois, eight; Michilimackinac, Michigan, two; Sandusky, Ohio, one;
Cuyahoga, Ohio, three; Erie, Pennsylvania, one; Dunkirk, New York, one; Buffalo Creek, New York, six; Niagara, two; Genesee, two; Oswego, five; Oswegatchie, two; Champlain, four; Vermont, two. Sec. 8. Secretary may remit certain tines, &c.*And be it further enacted*, That the Secretary of the Treasury shall have authority to remit in whole or in part, and upon such terms as he shall judge right, the fines, penalties, or forfeitures incurred or accruing under the provisions of this act, or of said act approved July fourteen, eighteen hundred and sixty-two, if, in his opinion, the same shall have been incurred without willful negligence or any intention of fraud in the person or persons incurring the same; and he shall have authority toTHIRTY-EIGHTH CONGRESS.
Sess. I. Ch. 165. 1864.199 ascertain the facts upon applications for remission under this act in suchFacts, how may be ascertained. manner and under such regulations as shall be by him prescribed, and all fines, penalties, and forfeitures, recovered by virtue of this act, shall, afterFines, &c. how disposed of. deducting all proper costs and charges, be disposed of and applied as provided in the ninety-first section of the act entitled “An act to regulate1799, ch. 22.Vol. 1. p. 697. the collection of duties on imports and tonnage,” approved on the second of March, in the year one thousand seven hundred and ninety-nine.
Approved, June 27, 1864.