Page:United States Statutes at Large Volume 14.djvu/210

ment of all the facts and circumstances of the case within their knowledge, together with the names of the witnesses, and which may come to their knowledge from time to time, stating the provisions of the law believed to be violated, and on which a reliance may be had for a condemnation or conviction; and suchSuit to be commenced therefor without delay, unless, &c. district attorney shall cause suit and prosecution 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 a conviction cannot probably be obtained, or that the ends of public justice do not require that a suit or prosecution should be instituted, in which case he shall report the facts to the Secretary of the Treasury for his direction; and for expenses incurred and services rendered in prosecutions for such fines and personal penalties, the district attorney shall receive suchAllowance to district attorneys for services. allowance as the Secretary of the Treasury shall deem just and reasonable, upon the certificate of the judge before whom such prosecution was had; andCollectors not making report, to forfeit their share of fines, &c. if any collector shall in any case fail to report to the proper district attorney, as prescribed in this section, such collector's share of any fine or penalty 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 conviction.

Vessels held for payment of penalties; Sec. 8. And be it further enacted, That in any case where a vessel or the owner, master, or manager of a vessel shall be subject to a penalty for a violation of the revenue laws of the United States, such vessel shall be holden for the payment of such penalty, and may be seized and proceeded against summarily, by libel,may be proceeded against. to recover such penalty, in any district court of the United States having jurisdiction of the offence.

In former act "merchandise" to read "goods, wares, and merchandise." Sec. 9. And be it further enacted, That the act entitled "An act further to regulate the entry of merchandise imported into the United States from any adjacent territory," approved March two, eighteen hundred and twenty-one, be, and the same is hereby, so amended that wherever in said act the word "merchandise"1821, ch. 14. vol. iii. p. 616. occurs, the same shall read "goods, wares, or merchandise."

Officers and persons making searches and seizures to disclose authority on request; Sec. 10. And be it further enacted, That every officer or other person authorized to make searches and seizures by this act shall, at the time of executing any of the powers conferred upon him by this act, make known, upon being questioned, his character as an officer or agent of the customs or government, and shall have authority to demand of any person within the distance of three miles to assistmay demand assistance of persons within three miles. him in making any arrest, search, or seizure authorized by this act, where such assistance may be necessary; and if such person shall without reasonable excuse neglect or refuse so to assist, upon proper demand, he shallPenalty for refusing assistance. be deemed guilty of a misdemeanor, and shall forfeit a sum not exceeding two hundred dollars, nor less than five dollars.

In all cases of seizure of property for forfeiture, if value is not over $500, duplicate list to be prepared, and appraisement made.

Sec. 11. And be it further enacted, That in all cases of seizure of property subject to forfeiture for any of the causes named in this act, or any other act relating to the customs, or the registering, enrolling, or licensing of vessels, now in force, when, in the opinion of the collector or other principal officer of the revenue making such seizure, the value of the property so seized shall not exceed five hundred dollars, he shall cause a list and particular description of the property so 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 disinterestedWho to appraise. 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 beAppraisement to be attested. properly attested by such collector or other officer and the persons making the appraisal; and for such services of the appraisers they shall be allowedFees of appraisers. out of the revenue one dollar and fifty cents each for every day necessarily employed in such service. If