Page:United States Statutes at Large Volume 14.djvu/209

THIRTY—NINTH CONGRESS. Sess. I. C1-1. 201. 1866. 179 shall be liable to detention and search by authorized ofhccrs or agents of the government, under such regulations as the Secretary of the Treasury _ shall from time to time prescribe: Provided, That no railway car or en- Cars, engines, gina or other vehicle, or team used by any person or corporation, as com- gslgtglgzltilzga mon carriers in the transaction of their business as such common carriers jwtm forfeiture, shall be subject to forfeiture by force of the provisions of this act unless it ¤¤l¤¤¤» &¢· shall appear that the owners, superintendent, or agent of the owner in charge thereof at the time of such unlawful importation or transportation thereon or thereby, was a. consenting_ party, or privy to such illegal importation or transportation. Sec. 4. And be it further enacted, That if any person shall fraudulent- Penalty for 1y or knowingly import or bring into the United States, or assist in so do- §'::$:?;jQ‘;‘Y °' ing, any goods, wares, or merchandise, contrary to law, or shall receive, brmgingmto the conceal, buy, sell, or in any manner facilitate the transportation, conceal- U¤l*·°d Siam ment, or sale of such goods, wares, or merchandise, after their importation, ;§gt,?,§i:g€‘:;,. knowing the same to have been imported contrary to law, such goods, for imuwingiv wares, and merchandise shall be forfeited, and he or she shall, on convic- ;;;°;:§· &°· tion thereof before any court of competent jurisdiction, be fined in any ' sum not exceeding five thousand dollars nor less than fifty dollars, or be imprisoned for any time not exceeding two years, or both, at the discretion of such court; and in all cases where the possession of such goods shall P¢>¤¤¤SSi<>¤ of be shown to be in the defendant, or where the defendant shall be shown to §?;?:’,f";u§Q§: have had possession thereof, such possession shall be deemed evidence ize conviction, sufficient to authorize conviction, unless the defendant shall explain the “”]‘;"2 d°Y°¤d¤-¤* possession to the satisfaction of the jury. exp ams lf Sec. 5. And be it further enacted, That any person authorized by this Pqrsvns auuct to make searches and seizures, or any person assisting him or acting ;€Q`;2';t§";‘“k° under his directions, may, if deemed necessary by him or them, enter into mz. enter lands, or upon or pass through the lands, enclosures, and buildings, other than b¤ll'dl¤$S» &¤· the dwelling-house of any person whomsoever, in the night or in the day- ?,:;j;;3j;f1w°u` time, in order to the more eftectual discharge of his or their official duties. Sec. 6. And be it further enacted, That if any person shall forcibly as- fogflfltlé {P:. U sault, resist, oppose, prevent, impede, or interfere with any officer of the °mg8,g;f:;;.¤° customs or his deputy or deputies, or any person assisting them or either mms, &<=- in disof them in the execution of their duties, or any person authorized by this 3T35E °f th°"· act to make searches or seizures, in the execution of his duty, or shall res- férli-ss¤ui¤g cue, or attempt to rescue, or cause to be rescued, any property which shall °*‘ °·“°mE*l¤¢i=§ to have been seized by any person authorized as aforesaid, or shall before, :;i,l;;?:z° at, or after any such seizure, in order to prevent the seizure or securing an destroying, of any goods, wares, or merchandise by any person authorized as afore- g'{_°°;g;2Qf;'g%§" said, stave. break, throw overboard, destroy, or remove the same, the per- umd_ " son so offending shall, for every such offence, on conviction thereof, forfeit _ _ and pay a sum of not less than one hundred dollars, nor more than two rgzffmzzmr thousand dollars, or shall be imprisoned not less than one month nor more g,,,,;, than one year, or both, at the discretion of the court convicting him or her, and shall stand committed until such Hne and the costs of prosecution shall have been fully paid; and if any person shall discharge any deadly di;‘;’;gg‘;'°;r weapon at any person authorized as aforesaid to make searches or seiz- usingmfy feadly ures, or shall use any deadly or dangerous weapon in resisting him in the weapon against . . . . . . . . . suchoiHcei~s,&c. execution of his duty, with intent to commit a bodily m_)ury upon him, or in discharge of to deter or prevent him from discharging his duty, every such person so their duty. I offending shall, upon conviction thereof, be deemed guilty of felony, and l_£ $16 ini lm' shall be imprisoned at hard labor for a term not exceeding ten years nor P m n ` loss than one year. Sec. 7. And be it further enacted, That it shall be the duty of the sev- C<>ll¢¢f<>¥¤ <>¤"` eral collectors of customs to report within ten days to the district attorney °g;H;§hlf:‘r,;, of the district in which any fine or personal penalty may be incurred for days to district the violation of any law of the United States relating to the revenue, in :tE*g‘;1’;‘;Y;n‘g°·‘°S . . . . . perall cases in which such fine or penalty shall not be voluntarily paul, a state-