Page:United States Statutes at Large Volume 53 Part 2.djvu/816

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PUBLIC LAWS-CH. 618-AUG. 9 , 1939 Provisos. Owner or master a consenting party or privy thereto. Violation by person other than owner, pos- sessing vessel, etc., unlawfully. Enforcement provi- sions. Application of laws. Proviso. Duties with respect to seizures, etc. Appropriationsmade available. Provisions deemed supplemental to exist- ing laws. Definitions. "Vessel." "Vehicle." place, shall be seized and forfeited: Provided, That no vessel, vehicle, or aircraft used by any person as a common carrier in the transaction of business as such common carrier shall be forfeited under the pro- visions of this Act unless it shall appear that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle, or aircraft, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle or aircraft was at the time of the alleged illegal act a consenting party or privy thereto: Provided further, That no vessel, vehicle, or aircraft shall be forfeited under the pro- visions of this Act by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, vehicle, or aircraft was unlaw- fully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any State. SEC. 3. The Secretary of the Treasury is empowered to authorize, or designate, officers, agents, or other persons to carry out the provi- sions of this Act. It shall be the duty of any officer, agent, or other person so authorized or designated, or authorized by law, whenever he shall discover any vessel, vehicle, or aircraft which has been or is being used in violation of any of the provisions of this Act, or in, upon, or by means of which any violation of this Act has taken or is taking place, to seize such vessel, vehicle, or aircraft and to place it in the custody of such person as may be authorized or designated for that purpose by the Secretary of the Treasury, to await disposi- tion pursuant to the provisions of this Act and any regulations issued hereunder. SEC. 4. All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of vessels and vehicles for violation of the customs laws; the disposition of such vessels and vehicles or the proceeds from the sale thereof; the remission or miti- gation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable and not inconsistent with the provisions hereof: Provided, That such duties as are imposed upon the collector of customs or any other per- son with respect to the seizure and forfeiture of vessels and vehicles under the customs laws shall be performed with respect to seizures and forfeitures of vessels, vehicles, and aircraft under this Act by such officers, agents, or other persons as may be authorized or desig- nated for that purpose by the Secretary of the Treasury. SEe. 5. Any appropriation which has been or shall hereafter be made for the enforcement of the customs, narcotics, counterfeiting, or internal-revenue laws, and the provisions of the National Fire- arms Act shall be available for the defraying of expenses of carrying out the provisions of this Act. SEC. 6. The provisions of this Act shall be construed to be sup- plemental to, and not to impair in any way, existing provisions of law imposing fines, penalties, or forfeitures; or providing for the seizure, condemnation, or disposition of forfeited property or the proceeds thereof; or authorizing the remission or mitigation of fines, penalties, or forfeitures. SEC. 7. When used in this Act- (a) The term "vessel" includes every description of watercraft or other contrivance used, or capable of being used, as means of trans- portation in water, but does not include aircraft; (b) The term vehicle" includes every description of carriage or other contrivance used, or capable of being used, as means of trans- portation on, below, or above the land, but does not include aircraft; 1292 [53 STAT.