Page:United States Statutes at Large Volume 14.djvu/199

victed of so accepting or receiving the same, or any part thereof, if an officer or person holding any such place of trust or profit, shall forfeit his office or place; and any person soIncapacitated from holding office. convicted under this section shall forever be disqualified to hold any office of honor, trust or profit under the United States.

Proceedings in cases of seizure of goods as subject to forfeiture.

Sec. 63. And be it further enacted, That hereafter in all cases of seizure of any goods, wares, or merchandise which shall, in the opinion of the collector or deputy collector making such seizure, be of the appraised value of three hundred dollars or less, and which shall have been so seized as being subject to forfeiture under any of the provisions of this act, or of any act to which this is an amendment, excepting in cases otherwise provided, the said collector or deputy collector shall proceed as follows, that is to say: He shall cause a listList in duplicate. containing a particular description of the goods, wares, or merchandise seized to be prepared in duplicate, and an appraisement of the same to be madeAppraisement. by three sworn appraisers, to be selected by him for said purpose, who shall be respectable and disinterest[ed] citizens of the United States residing within the collection district wherein the seizure was made. The aforesaid list and appraisement shall be properly attested by such collector or deputy collector and the persons making the appraisement, for which servicePay of appraisers. said appraisers shall be allowed the sum of one dollar and fifty cents per day each, to be paid as other necessary charges of collectors according to law. IfIf goods seized are found to be of the value of $300 or less, collector to publish notice. the said goods shall be found by such appraisers to be of the value of three hundred dollars or less, the said collector or deputy collector shall publish a notice, for the space of three weeks, in some newspaper of the district where the seizure was made, describing the articles andNotice to state what. stating the time, place, and cause of their seizure, and requiring any person or persons claiming them to appear and make such claim within thirty days from the date of the first publication of such notice: Provided,Claimants of the goods seized may file claim and execute bond. That any person or persons claiming the goods, wares, or merchandise, so seized, within the time specified in the notice, may file with such collector or deputy collector a claim, stating his or their interest in the articles seized, and may execute a bond to the United States in the penal sum of two hundred and fifty dollars, with sureties, to be approved by saidConditions of bond. collector or deputy collector, conditioned that, in case of condemnation of the articles so seized, the obligors will pay all the costs and expenses ofCollector to send bond and duplicate list to the United States district attorney, who shall proceed thereon. the proceedings, to obtain such condemnation; and upon the delivery of such bond to the collector or deputy collector, he shall transmit the same, with the duplicate list or description of the goods seized, to the United States district attorney for the district, who shall proceed thereon in the ordinary manner prescribed by law: And provided also, That if thereIf there is no claim and no bond, collector to give ten days' notice of sale of goods. shall be no claim interposed, and no bond given within the time above specified, the collector or deputy collector, as the case may be, shall give ten days' notice of the sale of the goods, wares, or merchandise, by publication; and at the time and place specified in said notice, shall sellSale at public auction. the article so seized at public auction, and after deducting the expense of appraisement and sale he shall deposit the proceeds to the credit ofProceeds of sale. the Secretary of the Treasury. And within one year after the sale of any goods, wares, or merchandise, as aforesaid, any person or personsWithin year of sale, application may be made for remission of forfeiture, and restoration of proceeds of sale. claiming to be interested in the goods, wares, or merchandise so sold may apply to the Secretary of the Treasury for a remission of the forfeiture thereof, or any of them, and a restoration of the proceeds of the said sale, which may be granted by the said Secretary upon satisfactory proof, to be furnished in such manner as he shall prescribe: Provided, That it shall beApplicant to prove what. satisfactorily shown that the applicant, at the time of the seizure and sale of the goods in question, and during the intervening time, was absent out of the United States, or in such circumstances as prevented him from knowing of such seizure, and that he did not know of the same; and also that the said forfeiture was incurred without wilful negligence or any intention of fraud on the part of the