which are not the growth, production, or manufacture of the country to which such vessels belong, were made by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § IV, J, subsec. 2, ante, § 5306, which superseded similar provisions of preceding tariff acts.

§ 5767. (R. S. § 3064.) Search of baggage.

The Secretary of the Treasury may from time to time prescribe regulations for the search of persons and baggage, and for the employment of female inspectors for the examination and search of persons of their own sex; and all persons coming into the United States from foreign countries shall be liable to detention and search by authorized officers or agents of the Government, under such regulations.

Act July 18, 1866, c. 201, § 3, 14 Stat. 178.

Provisions for the examination of wearing apparel and personal effects of residents of the United States returning from abroad were made by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § 1, par. 642, ante, § 5291, par. 642. Provisions similar to those of this paragraph were made by preceding tariff acts.

§ 5768. (R. S. § 3065.) Entering buildings, etc.

Any person authorized by this Title to make searches and seizures, or any person assisting him or acting under his directions, may, if deemed necessary by him or them, enter into or upon or pass through the lands, inclosures, and buildings, other than the dwellinghouse of any person whomsoever, in the night or in the day time, in order to the more effectual discharge of his official duties.

Act July 18, 1866, c. 201, § 5, 14 Stat. 179.

§ 5769. (R. S. § 3066, as amended, Act April 25, 1882, c. 89.) Warrant to search dwelling-house or other place.

If any collector, naval officer, surveyor, or other person specially appointed by either of them, or inspector, shall have cause to suspect a concealment of any merchandise in any particular dwelling-house, store-building, or other place, they, or either of them, upon proper application on oath to any justice of the peace, or district judge of cities, police justice, or any judge of the circuit or district court of the United States, or any Commissioner of the United States circuit court, shall be entitled to a warrant to enter such house, store, or other place, in the day time only, and there to search for such merchandise; and if any shall be found, to seize and secure the same for trial. And all such merchandise, upon which the duties shall not have been paid, or secured to be paid, shall be forfeited.

Act March 2, 1799, c. 22, § 68, 1 Stat. 678. Act Feb. 28, 1865, c. 67, § 2, 13 Stat. 442. Act April 25, 1882, c. 89, 22 Stat. 49. This section, as enacted in the Revised Statutes, was as follows:

"If any collector, naval officer, surveyor, or other person specially appointed by either of them, or inspector, shall have cause to suspect a concealment of any merchandise in any particular dwelling-house, store-building, or other place, they, or either of them, upon proper application on oath to any justice of the peace, shall be entitled to a warrant to enter such house, store, or other place, in the day-time only, and there to search for such merchandise; and if any shall be found, to seize and secure the same for trial; and all such

merchandise, on which the duties shall not have been paid, or secured to be paid, shall be forfeited."

It was amended to read as set forth here by Act April 25, 1882, c. 89, cited above.

Provisions conferring on keepers of life-saving and life-boat stations and houses of refuge the powers of inspectors of customs were made by Act June 18, 1878, c. 265, § 4, post, § 8531.

§ 5770. (R. S. § 3067.) Authority to go on board vessels.

It shall be lawful for all collectors, naval officers, surveyors, inspectors, and the officers of the revenue-cutters, to go on board of vessels in any port of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their respective districts, for the purposes of demanding the manifests, and of examining and searching the vessels; and those officers respectively shall have free access to the cabin and every other part of a vessel.

Act March 2, 1799, c. 22, § 54, 1 Stat. 668.

Collectors were authorized to provide and employ small boats for the use of surveyors and inspectors in going on board vessels, by R. S. § 2763, ante, § 5451.

§ 5771. (R. S. § 3068.) Penalty for obstructing officers in going on board of vessels.

If any master of a vessel coming into or having arrived at any port within the United States shall obstruct or hinder, or shall intentionally cause any obstruction or hinderance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue laws of the United States, he shall for every such offense be liable to a penalty of not more than five hundred dollars nor less than fifty dollars.

Act March 2, 1799, c. 22, § 71, 1 Stat. 678.

§ 5772. (R. S. § 3069.) Articles separate from the cargo.

If any box, trunk, chest, cask, or other package shall be found in the cabin, steerage, or forecastle of a vessel, or in any other place separate from the residue of the cargo, the officer of the customs shall take a particular account of such package, and of the marks and numbers thereof, if any, and a description thereof, and, if he judges proper, shall seal every such package; and such account and description shall be by him forwarded without delay to the collector of the district to which such vessel is bound. If upon her arrival at the port of her entry, the packages so described, or any of them, are missing, or if any seal put thereon has been broken, the master shall be liable to a penalty for every package missing, or on which any seal shall be broken, of two hundred dollars.

Act March 2, 1799, c. 22, § 54, 1 Stat. 668.

§ 5773. (R. S. § 3070.) Locks and fastenings.

The inspector who may be put on board of any vessel shall secure, after sunset in each evening, or previous to his quitting the vessel, the hatches and other communications with the hold of such vessel, or any other part thereof he may judge necessary, with locks or other proper fastening, which locks or other fastenings shall not be opened, broken, or removed until the morning following, or after the rising of

the sun, and in the presence of the inspector by whom the same were affixed, except by special license from the collector of the port, and the naval officer, if any, first obtained. If the locks or other fastenings, or any of them, are broken or removed contrary to this section, or if any merchandise or packages are clandestinely landed, notice thereof shall be immediately given by the inspector to the collector and naval officer, if any, of the port where the vessel may be; and the master of such vessel shall, for each or every such offense, be liable to a penalty of five hundred dollars.

Act March 2, 1799, c. 22, § 54, 1 Stat. 668.

Provisions requiring the attendance of inspectors on the delivery of cargoes were made by R. S. § 2877, ante, § 5568.

§ 5774. (R. S. § 3071.) Officers to make character known. Every officer or other person authorized to make searches and seizures by this Title, shall, at the time of executing any of the powers conferred upon him, 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 assist him in making any arrests, search, or seizure authorized by this Title, where such assistance may be necessary; and if such person shall, without reasonable excuse, neglect or refuse so to assist, upon proper demand, he shall be deemed guilty of a misdemeanor, punishable by a fine of not more than two hundred dollars, nor less than five dollars.

Act July 18, 1866, c. 201, § 10, 14 Stat. 180.

Provisions defining and punishing the offense of falsely assuming to be a revenue officer were made by R. S. § 5448, which was incorporated into the Criminal Code, in section 66 thereof, post, § 10234, and was repealed by section 341 thereof, post, § 10515.

§ 5775. (R. S. § 3072.) Seizures.

It shall be the duty of the several officers of the customs to seize and secure any vessel or merchandise which shall become liable to seizure by virtue of any law respecting the revenue, as well without as within their respective districts.

Act March 2, 1799, c. 22, § 70, 1 Stat. 678.

§ 5776. (R. S. § 3073.) Persons making seizures may plead general issue and give special matter in evidence.

If any officer, or other person, executing or aiding or assisting in the seizure of goods, under any act providing for or regulating the collection of duties on imports or tonnage, is sued for anything done in virtue of the powers given thereby, or by virtue of a warrant granted by any judge, or justice, pursuant to law, he may plead the general issue and give such act and the special matter in evidence. Act March 2, 1799, c. 22, § 71, 1 Stat. 678.

§ 5777. (R. S. § 3074.) Appraisement.

In all cases of seizure of property subject to forfeiture for any of the causes named in any provision of law relating to the customs, or for the registering, enrolling, or licensing of vessels, when, in the opinion of the collector or other principal officer of the revenue making such seizure, the value of the property seized does not exceed

five hundred dollars, he shall cause a list and particular description of the property 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 disinterested 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 be properly attested by such collector or other officer and the persons making the appraisal. For such services of the appraisers they shall be allowed out of the revenue one dollar and fifty cents each, for every day necessarily employed in such service.

Act April 2, 1844, c. 8, § 1, 5 Stat. 653. Act Aug. 8, 1846, c. 110, 9 Stat. 82. Act Feb. 28, 1865, c. 67, § 4, 13 Stat. 442. Act July 18, 1866, c. 201, § 11, 14 Stat. 180. Act July 28, 1866, c. 293, § 6, 14 Stat. 309.

§ 5778. (R. S. § 3075.) Notice of seizure.

If the amount of the appraisal of property so seized as forfeited shall not exceed the sum of five hundred dollars, the collector or other principal officer shall publish a notice once a week for three successive weeks in some newspaper of the county or place where such seizure shall have been made, if any newspaper shall be published in such county; but if no newspaper shall be published in such county, then such notice shall be published in some newspaper of the county in which the principal customs office of the district shall be situated; and if no newspaper shall be published in such county, then notices shall be posted in proper public places, which notices shall describe the articles seized, and state the time, cause, and place of seizure, and shall require any person claiming such articles to appear and file with such collector or other officer his claim to such articles within twenty days from the date of the first publication of such notice.

Act April 2, 1844, c. 8, § 1, 5 Stat. 653. Act Feb. 28, 1865, c. 67, § 4, 13 Stat. 442. Act July 18, 1866, c. 201, § 11, 14 Stat. 180.

§ 5779. (R. S. § 3076.) Claim for property seized.

Any person claiming the property so seized may, at any time. within twenty days from the date of such publication, file with the collector or other officer a claim, stating his interest in the articles. seized, and, upon depositing with such collector or other officer a bond to the United States in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by such collector or other officer, conditioned that, in case of the condemnation of the articles so claimed, the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation. Such collector or other officer shall transmit the same, with the duplicate list and description of the articles seized and claimed, to the United States district attorney for the district, who shall proceed for a condemnation of the property in the ordinary mode prescribed by

law.

Act April 2, 1844, c. 8, § 1, 5 Stat. 653. Act July 18, 1866, c. 201, § 12, 14 Stat. 181.

§ 5780. (R. S. § 3077.) Sale of property seized.

If no such claim shall be filed or bond given within the twenty days above specified, such collector or other officer shall give not less than fifteen days' notice of the sale of the property so seized, by publication in the manner before mentioned; and, at the time and place specified in such notice, he shall sell at public auction the property so seized, and shall deposit the proceeds, after deducting the actual expenses of such seizure, publication, and sale, in the Treasury of the United States, as shall be directed by the Secretary of the Treasury. The collector, however, shall have power to adjourn such sale from time to time for a period not exceeding thirty days in all.

Act April 2, 1844, c. 8, § 1, 5 Stat. 653. Act July 18, 1866, c. 201, § 12, 14 Stat. 181.

§ 5781. (R. S. § 3078.) Application for remission of forfeiture, etc. Any person claiming to be interested in the property sold under the provisions of the preceding section may, within three months after such sale, apply to the Secretary of the Treasury for a remission of the forfeiture and a restoration of the proceeds of such sale, and the same may be granted by the Secretary upon satisfactory proof, to be furnished in such manner as he shall direct, that the applicant, at the time of the seizure and sale of the property in question, did not know of the seizure, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without willful negligence or any intention of fraud on the part of the owner of such property.

Act July 18, 1866, c. 201, § 13, 14 Stat. 181.

Provisions for the remission of fines, etc., were made by Act June 22, 1874, c. 391, §§ 17, 18, 20, post, §§ 10132-10134.

§ 5782. (R. S. § 3079.) Distribution.

If no application for such remission or restoration shall be made within three months after such sale, the Secretary of the Treasury shall then cause the proceeds of such sale to be distributed in the same manner as if such property had been condemned and sold in pursuance of a decree of a competent court.

Act April 2, 1844, c. 8, §,3, 5 Stat. 654. Act July 18, 1866, c. 201, § 14, 14 Stat. 181.

§ 5783. (R. S. § 3080.) Sale of perishable articles.

Whenever seizure shall be made of any property which, in the opinion of the appraisers, is liable to perish or waste, or to be greatly reduced in value by keeping, or which cannot be kept without great disproportionate expense, whether such property consists of live animals or merchandise, and when the property thus seized shall not exceed five hundred dollars in value, and when no claim shall have been interposed therefor as is hereinbefore provided, the appraisers, if requested by the collector or principal officer making the seizure, at the time when such appraisal is made, shall certify on oath in their appraisal their belief that the property seized is liable to speedy deterioration, or that the expenses of its keeping will largely reduce the net proceeds of the sale; and in case the