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prohibited articles and the package in which they are contained in the course of importation shall be detained by the officer of customs, and proceedings taken against the same as hereinafter prescribed, unless it appears to the satisfaction of the collector of customs that the obscene articles contained in the package were inclosed therein without the knowledge or consent of the importer, owner, agent, or consignee: Provided. That the drugs hereinbefore mentioned, when imported in bulk and not put up for any of the purposes hereinbefore specified, are excepted from the operation of this section. * (This Section supersedes and
. amends Section 11, Act October 1, 1890, which was formerly Section 2491 of the Revised Statutes and Section 2491 in Act March 3, 1883.)
1. Any obscene book, whatever may be its general object or tendency, and in whatever language, is prohibited (T. D. 9039, 10364).
2. A gambling device, known as a faro box and lay-out held not to be prohibited (T. D. 8401).
3. When obscene articles are found among the personal effects of a traveler, the law attaches only to such of the contents as are themselves obscene (T. D. 7855).
Sec. 11. That whoever, being an officer, agent, or employee of the Government of the United States, shall knowingly aid or abet any person engaged in any violation of any of the provisions of law prohibiting importing, advertising, dealing in, exhibiting, or sending or receiving by mail obscene or indescent publications or representations, or means for preventing conception or procuring abortion, or other articles of indescent or immoral use or tendency, shall be deemed guilty of a misdemeanor, and shall for every offense be punishable by a fine of not more than five thousand dollars, or by imprisonment at hard labor for not more than ten years, or both. (Formerly Section 2492 in Act March 3, 1883, and Section 12, Act October 1, 1890.)
Proceedings under the two preceding sections. Sec. 12. That any judge of any district or circuit court of the United States, within the proper district, before whom complaint in writing of any violation of the two preceding sections is made, to the satisfaction of such judge, and founded on knowledge or belief, and if upon belief, setting forth the grounds of such belief, and supported by oath or affirmation of the complainant, may issue, conformably to the Constitution, a warrant directed to the marshal or any deputy marshal in the proper district, directing him to search for, seize, and take possession of any such article or thing mentioned in the two preceding sections, and to make due and immediate return thereof to the end that the same may be condemned and destroyed by proceedings,
which shall be conducted in the same manner as other proceedings in the case of municipal seizure, and with the same right of appeal or writ of error. (Formerly Section 2492 Revised Statutes; Section 2493 in Act March 3, 1883, and Section 13, Act October 1, 1890.)
Machinery imported for repairs-Free. Sec. 13. That machinery for repair may be imported into the United States without payment of duty, under bond, to be given in double the appraised value thereof, to be withdrawn and exported after said machinery shall have been repaired; and the Secretary of the Treasury is authorized and directed to prescribe such rules and regulations as may be necessary to protect the revenue against fraud and secure the identity and character of all such importations when again withdrawn and exported, restricting and limiting the export and withdrawal to the same port of entry where imported, and also limiting all bonds to a period of time of not more than six months from the date of the importation. (Formerly Section 2511 Revised Statutes; Section 2507 in Act March 3, 1883, and Section 14, Act October 1, 1890.)
1. Vo other article than machinery can be admitted free for repair (T. D. $114), and the article must be appraised at the port of first arrival, and must be exported from that port after repair (T. D. 3780). Alterations are considered in the light of repairs (T. 1. 3505). Any old material remaining in the U. S. after the repair becomes dutiable (T. D. 3761).
2. The following articles have been held to be machinery within the meaning of the law: Surveyors' transits (T. D. 9566); screen plates used in the manufacture of paper (T. D: 3780); ordinary gas meters (T. D. 8125); clocks (T. D. 2440); telegraph instruments (T. D. 662); propeller or screw (T. D. 2255); sewing machines (T. D. 1951); watches (T. D. 11660); trucks and running gear of cars (T. D. 14465); bicycles (T. D. 15797). But such articles as soda water tanks (T. D. 2917), copper wire (T. D. 8772), musical instruments (T. D. 1951, 2432) are not entitled to the privileges of this section.
Discriminating duty on goods imported in vessels of countries
not specially exempted. SEC. 14. That a discriminating duty of ten per centum ad valorem, in addition to the duties imposed by law, shall be levied, collected, and paid on all goods, wares, or merchandise which shall be imported in vessels not of the United States; but this discriminating duty shall not apply to goods, wares, and merchandise which shall be imported in vessels not of the United States, entitled, by treaty or any Act of Congress, to be entered in the ports of the United States on payment of the same duties as shall then be paid on goods, wares, and merchandise imported in vessels of the United States. (Formerly Section 2502 Revised Statutes, Section 2501 in Act March 3, 1883, and Section 17, Act October 1, 1890.)
This section is applicable to free as well as dutiable goods (G. A. 1809).
See Sections 4228 to 4232 Revised Statutes (supra) and T. D. 15610. Importation confined to ressels of the United States or others
herein provided for. SEC. 15. That no goods, wares, or merchandise, unless in cases provided for by treaty. shall be imported into the United States from any foreign port or place, except in vessels of the United States, or in such foreign vessels as truly and wholly belong to the citizens or subjects of that country of which the goods are the growth, production, or manufacture, or from which such goods, wares, or merchandise can only be, or most usually are, first shipped for transportation. All goods, wares, or merchandise imported contrary to this section, and the vessel wherein the same shall be imported, together with her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship, or vessel, and cargo shall be liable to be seized, prosecuted, and condemned in like manner, and under the same regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws. (Formerly Section 2497 Revised Statutes; Section 2497 in Act March 3, 1883, and Section 18, Act October 1, 1890.) See Act February 8, 1881, supra, and Section 16 of this Act.
Sec. 16. That the preceding section shall not apply to vessels or goods, wares, or merchandise imported in vessels of a foreign nation which does not maintain a similar regulation against vessels of the United States. (Formerly Section 2498 Revised Statutos; Section 2498 in Act March 3, 1883, and Section 19, Act of October 1, 1890.) Importation of neat cattle and hides of prohibited except
where specially allowed. Sec. 17. That the importation of neat cattle and the hides of neat cattle from any foreign country into the United States is prohibited: Provided, That the operation of this section shall be suspended as to any foreign country or countries, or any parts of such country or countries, whenever the Secretary of the Treasury shall officially determine, and give public notice thereof that such importation will not tend to the introduction or spread of contagious or infectious diseases among the cattle of
the United States; and the Secretary of the Treasury is hereby authorized and empowered, and it shall be his duty, to make all necessary orders and regulations to carry this section into effect, or to suspend the same as herein provided, and to send copies thereof to the proper officers in the United States, and to such officers or agents of the United States in foreign countries as he shall judge necessary. (Formerly Section 2494 Revised Statutes; Section 2494 in Act March 3, 1883, and Section 20, Act October 1, 1890.)
See Act August 30, 1890, Act March 3, 1893, supra; Circular of October 20, 1890, and T. D. 10286, 10639, 11262, 12873, 15278, 15607, 15609, 15624, 15648, 15650, 15663, 15765.
SEC. 18. That any person convicted of a willful violation of
any of the provisions of the preceding section shall be fined not exceeding five hundred dollars, or imprisoned not exceeding one year, or both, in the discretion of the court. (Formerly Section 2495 Revised Statutes; Section 2495, in Act March 3, 1883, and Section 21, Act October 1, 1890). Re-importation of goods subject to Internal Revenue Tax.
SEC. 19. That upon the reimportation of articles once exported of the growth, product, or manufacture of the United States, upon which no internal tax has been assessed or paid, or upon which such tax has been paid and refunded by allowance or drawback, there shall be levied, collected, and paid a duty equal to the tax imposed by the internal-revenue laws upon such articles, except articles manufactured in bonded warehouses and exported pursuant to law, which shall be subject to the same rate of duty as if originally imported. (Formerly Section 22, Act October 1, 1890, which Section incorporated Section 2500 Revised Statutes, and Section 2500 in Act March 3, 1883.)
See notes to title “United States products returned" in the Schedule of Duties, pages 545 and 546.
For Internal Revenue Taxes on Cigars, see Sec. 4, Art March 3, 1883; on Manufactured Tobacco and Snuff, Section 30, Act October 1, 1890; and on Spirits, Section 48, Act August 28, 1894; see also Section 47, Act October 1, 1890, restricting reimportation of Wines.
Wrecked goods—When Free. SEC. 20. That whenever any vessel laden with merchandise in whole or in part subject to duty has been sunk in any river, harbor, bay, or waters subject to the jurisdiction of the United States, and within its limits, for the period of two years, and is abandoned by the owner thereof, any person who may raise such vessel shall be permitted to bring any merchandise recovered therefrom into the port nearest to the place where such vessel was so raised free from the payment of any duty thereupon, but under such regulations as the Secretary of the Treasury may prescribe. (This Section supersedes Section 23, Act October 1, 1890. which was Section 2507 Revised Statutes, and Section 2504 in Act March 3, 1883,)
1. The term “abandoned” means relinquishment without effort to recover, and not the technical abandonment as applied to insurance (T. D. 395).
2. An old boiler recovered from the wreck of a foreign vessel sunk for over two years in American waters was admitted free of duty (T. D. 4247).
3. See also Act of June 22, 1874, for wrecked goods sunk for not less than two years; see sections 2928, 3058 Revised Statutes and notes, (supra).
See title "Wrecked goods” and “Vessels” in the Schedule of Duties, pages 565 and 549. Smelting and Refining imported ores and crude
metals in Bonded Warehouses. SEC. 21. That the works of manufacturers engaged in smelting or refining metals, or both smelting and refining, in the United States may be designated as bonded warehouses under such regulations as the Secretary of the Treasury may prescribe: Provided, That such manufacturers shall first give satisfactory bonds to the Secretary of the Treasury. Oars (ores] or metals in any crude form requiring smelting or refining to make them readily available in the arts, imported into the United States to be smelted or refined and intended to be exported in a refined but unmanufactured state, shall, under such rules as the Secretary of the Treasury may prescribe, and under the direction of the proper officer, be removed in original packages or in bulk from the vessel or other vehicle on which they have been imported, or from the bonded warehouse in which the same may be, into the bonded warehouse in which
smelting or refining, or both, may be carried on, for the purpose of being smelted or refined, or both, without payment of duties thereon, and may there be smelted or refined, together with other metals of home or foreign production: Provided, That each day a quantity of refined metal equal to the amount of imported metal smelted or refined that day shall be set aside, and such metal so set aside shall not be taken from said works except for transportation to another bonded warehouse or for exportation, under the direction of the proper officer having charge thereof as aforesaid, whose certificate, describing the articles by their marks or otherwise, the quantity, the date of importation, and the name of vessel or other vehicle by which it was imported, with such additional particulars as may from time to time be required, shall be received by the collector of customs as sufficient evidence of the