Chapter LXVII. *to revive certain Provisions of the Act entitled “An Act further to provide for the Collection of Unties on Imports and Tonnage,” approved March three, eighteen hundred and fifteen, and for other Purposes.* Feb. 28, 1865. 1815, ch. 94 Vol. iii. p. 231. *Be it enacted by the Senate and House of Repr
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Chap. LXVII.— An Act *to revive certain Provisions of the Act entitled “An Act further to provide for the Collection of Unties on Imports and Tonnage,” approved March three, eighteen hundred and fifteen, and for other Purposes.* Feb. 28, 1865. 1815, ch. 94 Vol. iii. p. 231. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the first sentence of the section of the act entitled “An act further to provide for the col lection of duties on imports and tonnage,” approved March three, eighteen hundred and fifteen, to wit:
“That it shall be lawful for any collector, naval Beasts of burden, carriages, &c., carrying smuggled goods, how may be seized and confiscated.officer, surveyor or inspector of Lite customs, as well in any adjoining dis trict as that to which he belongs, to stop, search, and examine any carriage or vehicle of any kind whatsoever, and to stop any person travelling on foot or beast of burden on which he shall suspect there are goods, wares, or merchandise which are subject to duty, or which sh al l have been introduced into the United States in any manner contrary to law; and if such officer shall stop any goods, wares, or merchandise on any such carriage, vehicle, person travelling ou foot or beast of burden, which he shall have 442 THIRTY-EIGHTH CONGRESS.
Sess. II. Ch. 67, 68. 1865probable cause to believe are subject to duty or have been unlawfully introduced into the United States, be shall seize and secure the same for trial,” be, and the same is hereby, revived and reënacted; and every such beast of burden, carriage, or vehicle, together with the teams or other motive power, and all the appurtenances used in conveying such goods, wares, or merchandise, shall be subject to seizure and forfeiture in like manner as is by law now provided in regard to such goods, wares, and merchandise; and all fines, penalties, and forfeitures recovered under this act, or in consequence of such seizures, shall be disposed of as is provided 1799, ch. 22, § 91.
Vol. i. p. 697.in other cases by the ninety-first section of the act entitled “An act to regulate the collection of duties on imports and tonnage,” approved March second, seventeen hundred and ninety-nine; and the last proviso of said Repeal.ninety-first section is hereby repealed. Certain authority of collectors, &c., extended to inspectors of customs. Vol. i. p. 877. Persons interested in penalty may be witnesses. Sec. 2. *And be it further enacted,* That the power and authority given to collectors, naval officers, and surveyors by the sixty-eighth section of the said last-mentioned act be, and the same are hereby, extended to inspectors of the customs; and any officer or other person entitled to or interested in a part or share of any fine, penalty, or forfeiture incurred under this or any Other law of the United States, may be examined as a witness in any of the proceedings for the recovery of such fine, penalty, or forfeiture by either of the parties thereto, and such examination shall not deprive such witness of his or her share or interest in such fine, pen-alty, or forfeiture.
Search of buildings near boundary line of the United. States. Sec. 3. *And be it further enacted,* That in case any store, warehouse, or other building shall be upon or near the boundary line between the United States and any foreign country, and there is reason to believe that dutiable goods are deposited or have been placed therein or carried through or into the same without payment of duties, and in violation of law, and the collector, deputy collector, naval officer, or surveyor of customs, shall make oath before any magistrate competent to administer the same, that he has reason to believe, and does believe, that such offence has been therein committed, such officer shall have the right to search such building and the premises belonging thereto; and if any such goods shall be found therein, the same, together with such building, shall be Forfeiture.seized, forfeited, and disposed of according to law, and the said building shall be forthwith taken down or removed.
And any person or persons who shall have received or deposited in such building, or carried through the same, any goods, as aforesaid, or shall have aided therein, in violation of law, shall, upon due conviction before any court of competent jurisdiction, Penalty for such smuggling.be punished by fine not exceeding ten thousand dollars, or by imprisonment not exceeding two years, or by both such fine and imprisonment. Penalty for, increased. 1844, ch. 8, § 1. Vol. v. p. 653. Sec. 4. *And be it further enacted,* That the first section of the act of April second, eighteen hundred and forty-four, entitled “An act directing the disposition of certain unclaimed goods, wares, or merchandise, seized for being illegally imported into the United States,” be so amended that in place of the word “one,” wherever the same may be found in said section, the word “five” shall be inserted.
Approved, February 28, 1865.