Penalty on their re Sec. 88. And be it further enacted, That if

ceiving a bribe to

connive at a false

ing at such entry.

entry, or connive any officer of the customs shall directly or indirectly take or receive any bribe, reward or recompense, for conniving, or shall connive at any false entry of any ship or vessel, or of any goods, wares or merchandize, and shall be convicted thereof, every such officer or other person shall forfeit and pay a sum not less than two hundred, nor more Penalty on giving than two thousand dollars for each offence; and any person giving or offering any bribe, recom. pence or reward for any such deception, collusion, or fraud, shall forfeit and pay a sum not less than two hundred dollars, nor more than two False swearing to thousand dollars, for each offence; and in all ca

or offering such a bribe.

be punished as

perjury.

be sued for.

ses where an oath or affirmation is by this act required from a master or other person having the command of a ship or vessel, or from an owner or consignee of any goods, wares, and merchandize, his, her, or their factor, or agent, and generally whenever an oath or affirmation is required from any person or persons, whatsoever, by virtue of this act, if the person so swearing or affirming shall swear, or affirm falsely, such person shall, on indictment and conviction thereof, be liable to the same pains and penalties prescribed for persons convicted of wilful and corrupt perjury,

Penalties, how to Sec. 89. And be it further enacted, That all penalties, accruing by any breach of this act, shall be sued for, and recovered with costs of suit, in the name of the United States of America, in any court competent to try the same; and the trial of any fact, which may be put in issue, shall be within the judicial district in which any

such penalty shall have accrued, and the collector, within whose district the seizure shall be made, or forfeiture incurred, is hereby enjoined to cause suits for the same to be commenced without delay, and prosecuted to effect; and is moreover authoriz

rized to receive

recovered,

ceeding to the vessels and goods seized,

condemnation of

ed to receive from the court within which such Collectors autho trial is had, or from the proper officer thereof, the penalties when sum or sums so recovered, after deducting all proper charges to be allowed by the said court, and on receipt thereof the said collector shall pay and distribute the same without delay, according to law, and transmit quarter yearly to the treasury an account of all monies by him received for fines, penalties and forfeitures, during such quarter. And all ships or vessels, goods, wares or mer. Manner of prochandize, which shall become forfeited in virtue of this act, shall be seized, libelled and prosecut ed as aforesaid, in the proper court having cogni zance thereof; which court shall cause fourteen days notice to be given of such seizure and libel, by causing the substance of such libel, with the order of the court thereon, setting forth the time and place appointed for trial, to be inserted in some newspaper published near the place of seizure, and also by posting up the same in the most public manner, for the space of fourteen days, at or near the place of trial; for which advertise. ment a sum not exceeding ten dollars shall be paid: And proclamation shall be made in such manner as the court shall direct; and if no person shall appear and claim any such ship or vessel, goods, wares or merchandize, and give bond to defend the prosecution thereof, and to respond the cost in case he shall not support his claim, the court shall proceed to hear and determine the

Manner of

pro

ceeding to the condemnation of

seized.

cause according to law; and upon the prayer of Vessels and goods any claimant to the court, that any ship or vessel, goods, wares or merchandize, so seized and prosecuted, or any part thereof, should be delivered to such claimant, it shall be lawful for the court to appoint three proper persons to appraise such ship or vessel, goods, wares or merchandize, who shall be sworn in open court for the faithful discharge of their duty; and such appraisement shall be made at the expense of the party on whose prayer it is granted; and on the return of such appraisement, if the claimant shall, with one or more sureties, to be approved of by the court, execute a bond in the usual form to the United States, for the payment of a sum equal to the sum at which the ship or vessel, goods, wares or merchandize, so prayed to be delivered, are appraised, and moreover produce a certificate from the collector of the district wherein such trial is had, and of the naval officer thereof, if any there be, that the duties on the goods, wares and merchandize, or tonnage duty on the ship or vessel, so claimed, have been paid or secured in like manner, as if the goods, wares or merchandize, ship or vessel had been legally entered, the court shall, by rule, order such ship or vessel, goods, wares or merchandize, to be delivered to the said claimant, and the said bond shall be lodged with the proper officer of the court, and if judgment shall pass in favor of the claimant, the court shall cause the said bond to be cancelled; but if judgment shall pass against the claimant, as to the whole, or any part of such ship or vessel, goods, ⚫ wares or merchandize, and the claimant shall not within twenty days thereafter pay into the court, or

to the proper officer thereof, the amount of the appraised value of such ship or vessel, goods, wares or merchandize so condemned, with the costs, judgment shall and may be granted upon the bond on motion in open court, without further delay. And when any prosecution shall be commenced, on account of the seizure of any ship or vessel, goods, wares or merchandize, and judgment shall be given for the claimant or claimants; if it shall appear to the court before whom such prosecution shall be tried, that there was a reasonable cause of seizure, the said court shall cause a proper certificate or entry to be made thereof, and in such case the claimant or claimants shall not be entitled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to action, suit or judgment on account of such seizure and prosecution; Provided, That the ship or vessel, goods, wares or merchandize, be after judgment forthwith returned to such claimant or claimants, his, her, or their agent or agents; And provided, Limitation of That no action or prosecution shall be maintained act. in any case under this act, unless the same shall have been commenced within three years next after the penalty or forfeiture was incurred.

*By the 5th section of an act, entitled "an act in addition to the act, entitled an act for the punishment of certain crimes against the United States," it is enacted, that any person or persons guilty of any crime arising under the revenue laws of the United States, or incurring any fine or forfeiture by breaches of the said laws, may be prosecuted, tried and punished; provided the indictment or information be found at any time within five years after committing the offence, or incurring the fine or forfeiture, any law or provision to the contrary notwithstanding. Act 26th March, 1814.

suits under this

Condemned ships and goods to be sold at public auction.

Sec. 90. And be it further enacted, That all ships or vessels, goods, wares or merchandize, which shall be condemned by virtue of this act, and for which bond shall not have been given by the claimant or claimants, agreeably to the provisions for that purpose in the foregoing section, shall be sold by the marshal or other proper officer of the court in which condemnation shall be had, to the highest bidder, at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days notice (except in cases of perishable goods) in one or more of the public newspapers of the place where such sale shall be; or if no paper is published in such place, in one or more of the papers published in the nearest place thereto; for which advertising, a sum not exceeding five dollars shall be paid. And the amount of such sales, deducting all proper charges, shall be paid within ten days after such sale by the person selling the same, to the clerk or other proper officer of the court directing such sale, to be by him, after deducting the charges allowed by the court, paid to the collector of the district in which such seizure or ferfeiture has taken place, as herein before directed.

Upon the payment of any money into court to abide the order of the court, the same shall be deposited in such incorporated bank as the court may designate, and there to remain until it shall be decided to whom it of right belongs. Provided, That if in any judicial district there shall be no incorporated bank, the court may direct such money to be deposited according to its discretion. Provided also, that nothing herein shall be construed to prevent the delivery of any such money upon security, according to agreement of the parties, under direction of Act 18th April, 1814. 2 Ses. 13 Con.

the court.