Sec. 591) (providing for arrest and removal for trial) is hereby made applicable in the enforcement of this part. Officers mentioned in said section 1014 are authorized to issue search warrants under the limitations provided in title XI of the Act of June 15, 1917, 40 stat. 228 (U.S.C., Title 18, Seos. 611633) (providing for issuance, service and return of search warrants).

(b) TRANSFER OF DUTIES. For transfer of powers and duties of Commissioner and his agents, see section 3170. (53 Stat. 363.)

TITLE 26, Sec. 3601 (SUPP. V.) ENTRY OF PREMISES FOR EXAMINATION OF TAXABLE OBJECTS--(a) AUTHORITY-(1) ENTRY DURING DAY. Any collector, deputy collector, internal revenue agent, or inspector may enter, in the daytime, any building or place where any articles or objects subject to tax are made, produced, or kept, within his district, so far as it may be necessary for the purpose of examining said articles or objects.

(2) ENTRY AT NIGHT. When such premises are open at night, such officers may enter them while so open, in the performance of their official duties.

(b) PENALTY FOR REFUSAL TO PERMIT ENTRY OR EXAMINATION. Any owner of such building or place, or person having the agency or superintendence of the same, who refuses to admit such officer, or to suffer him to examine such article or articles, shall, for every such refusal, forfeit $500.

(c) OTHER PENALTIES. If any person shall-

(1) FORCIBLE OBSTRUCTION OR HINDRANCE TO OFFICERS. Forcibly obstruct or hinder any collector, deputy collector, internal revenue agent, or inspector, in the execution of any power and authority vested in him by law, or

(2) FORCIBLE RESCUE OF SEIZED PROPERTY. Forcibly rescue or cause to be rescued any property, articles, or objects after the shu shall have been seized by him, or shall attempt or endeavor so to do, the person so offending, excepting in cases otherwise provided for, shall, for every such offense, forfeit and pay the sum of $500, or double the value of the property so rescued, or be imprisoned for a term not exceeding two years, at the discretion of the court. (53 stat. 435.)

TITLE 26, Sec. 3654 (Supp. 5). GENERAL POWERS AND DUTIES RELATING TO COLLECTION--(&) COLLECTORS. Every collector within his collection district shall see that all laws and regulations relating to the collection of internal revenue taxes are faithfully executed and complied with, and shall aid in the prevention, detection, and punishment of any frauds in relation thereto. For such purposes, he shall have power to examine all persons, books, papers, accounts, and premises, to administer oaths, and to summon any person to produce books and papers, or to appear and testify under oath before him, and to compel compliance with such summons in the same manner as provided in section 3615.

(b) DEPUTY COLLECTORS. Every deputy collector shall have the like authority in every respect to collect the taxes levied or assessed within the portion of the district assigned to him which is by law vested in the collector himself; but each collector shall, in every respect, be responsible, both to the United States and to individuals, as the case may be, for all moneys collected, and for every act done or neglected to be done, by any of his deputies while acting as such.

(c) INTERNAL REVENUE AGENTS. Every internal revenue agent shall see that all laws and regulations relating to the collection of internal revenue taxes are faithfully executed and complied with, and shall aid in the prevention, detection, and punishment of any frauds in relation thereto. (53 Stat. 446.)

TITLE 26, Sec. 4003, (Supp. 5). POTERS AND DUTIES--(a) ENTRY OF PREMISES FOR EXAMINATION OF TAXABLE OBJECTS. The agents whose employment is authorized by this chapter shall have all the powers of entry and examination conferred upon any officer of internal revenue by section 3601 (providing for entry of premises for examination of taxable objects) and sections 2828; 2839, and 2857,5 and all the provisions of said sections, including those imposing fines, forfeitures, penalties, or other punishments for the enforcement thereof, shall be applicable to the action of internal-revenue agents, in the same manner as if such agents were specially named in each of said sections.

(b) REPORT OF DELINQUENCY OR MALFEASANCE OF OFFICERS OR AGENTS. It shall be the duty of every internal revenue agent to report to the Commissioner in writing any neglect of duty, incompetency, delinquency, or malfeasance in office of any internal revenue officer or agent of which he may obtain knowledge, with a statement of all the facts in each case, and any evidence sustaining the same.

(c) ENFORCEMENT OF LAW AND REGULATIONS. For provisions requiring internal-revenue agents to see that all laws and regulations relating to the collection of internal-revenue taxes are complied with, see section 3654 (c).

(d) ADMINISTRATION OF OATHS. For authority of internal-revenue agents to administer oaths, see section 3632 (a) (1).

(e) INSPECTION OF CERTIFICATE OF PEDDLER OF TOBACCO. For authority of internal-revenue agents to demand production of and inspect the collector's certificate for peddlers of tobacco, see section 2192. (53 Stat. 489)

TITLE 19, Sec. 1595. SEARCHES AND SEIZURES--(a) WARRANT. If any collector of customs or other officer or person authorized to make searches and seizures shall have cause to suspect the presence in any dwelling house, store, or other building or place of any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States contrary to law, he may make application under oath, to any justice of the peace, to any municipal, county, State, or Federal judge, or to any

1.

Distillers and rectifiers to furnish facilities for examination of premises.

2. Provides penalty for not drawing off water and cleaning worm tubs in distilleries when asked by Internal Revenue officer.

3. Provides for keeping of books by distillers and rectifiers.

United States commissioner, and shall thereupon be entitled to a warrant to enter such dwelling house in the daytime only, or such store or other place at night or by day, and to search for and seize such merchandise; Provided, That if any such house, store, or other building, or place in which such merchandise shall be found, is upon or within ten feet of the boundary line between the United States and a foreign country, such portion thereof as is within the United States may forthwith be taken down or removed.

(b) ENTRY UPON PROPERTY OF OTHERS. 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 dwelling house, of any person whomsoever, in the discharge of his official duties. (June 17, 1930, c. 497, Title IV, Sec. 595, 46 stat. 752.)

TITLE 22, Sec. 239. WARRANT FOR DETENTION OF PROPERTY SEIZED. It shall be the duty of the person making any seizure under sections 238 to 245, inclusive, of this chapter (Preservation of friendly foreign relations) to apply, with due diligence, to the judge of the district court of the United States, or to the judge of the United States district court of the Canal Zone, or to the judge of a court of first instance in the Philippine Islands, having jurisdiction over the place within which the seizure is made, for a warrant to justify the further detention of the property so seized, which warrant shall be granted only on oath or affirmation showing that there is known or probable cause to believe that the property seized is being or is intended to be exported or shipped from or taken out of the United States in violation of law; and if the judge refuses to issue the warrant, or application there for is not made by the person making the seizure within a reasonable time, not exceeding ten days after the seizure, the property shall forthwith be restored to the owner or person from whom seized. If the judge is satisfied that the seizure was justified under the provisions of sections 238 to 245, inclusive, of this chapter, and issues his warrant accordingly, then the property shall be detained by the person seizing it until the President, who is hereby expressly authorized so to do, orders it to be restored to the owner or claimant, or until it is discharged in due course of law on petition of the claimant, or on trial of condemnation proceedings, as provided in the following sections. (June 15, 1917, c. 30, Title VI, Sec. 2, 40 stat. 224.)

TITLE 22, Sec. 238. SEIZURE OF MUNITIONS OF WAR, ETC., INTENDED FOR EXPORT GENERALLY; FORFEITURE. Whenever an attempt is made to export or ship from or take out of the United States any arms or munitions of war, or other articles, in violation of law, or whenever there shall be known or probable cause to believe that any such arms or munitions of war, or other articles, are being or are intended to be exported, or shipped from, or taken out of the United States, in violation of law, the several collectors, comptrollers of customs, surveyors, inspectors of customs, and marshals, and deputy marshals of the United States, and every other person duly authorized for the purpose by the President, may seize and detain any articles or munitions of war about to be exported or shipped from, or taken out of the United States, in violation of law, and the vessels or vehicles containing the same, and retain possession thereof until released or disposed of as hereinafter in this chapter directed. If upon due inquiry as hereinafter in this chapter provided the property seized shall appear to have been about to be so unlawfully exported, shipped from, or taken out of the United States, the same shall be forfeited to the United States. (June 15, 1917, c. 30 Title VI, Sec. 1, 40 Stat. 223; June 17, 1930, c. 97, Title IV, Sec. 523, 46 Stat. 740.) See section 5a of Title 19.

TITLE 18, Sec. 287. (CRIMINAL CODE, SECTION 173.) SEARCH WARRANT FOR SUSPECTED COUNTERFEITS; FORFEITURE. The several judges of courts established under the laws of the United States and United States commissioners may, upon proper oath or affirmation, within their respective jurisdictions, issue a search warrant authorizing any marshal of the United States, or any other person specially mentioned in such warrant, to enter any house, store, building, boat, or other place named in such warrant, in which there shall appear probable cause for believing that the manufacture of counterfeit money, or the concealment of counterfeit money, or the manufacture or concealment of counterfeit obligations or coins of the United States or of any foreign government, or the manufacture or concealment of dies, hubs, molds, plates, or other things fitted or intended to be used for the manufacture of counterfeit money, coins, or obligations of the United States or of any foreign government, or of any bank doing business under the authority of the United States or of any State or Territory thereof, or of any bank doing business under the authority of any foreign government, or of any political division of any foreign government, is being carried on or practiced, and there search for any such counterfeit money, coins, dies, hubs, molds, plates, and other things, and for any such obligations, and if any such be found, to seize and secure the same and to make return thereof to the proper authority; and all such counterfeit money, coins, dies, hubs, molds, plates, and other things, and all such counterfeit obligations so seized shall be forfeited to the United States. (Feb. 10, 1891, c. 127, Sec. 5, 26 Stat. 743; Mar. 4, 1909, c. 321, Sec. 173. 35 Stat. 1121.)

TITLE 19, Sec. 507. 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 $200, nor less than $5. (R. S. Sec. 3071.)

TITLE 48, Sec. 1325 (b). POWERS OF SEARCH, SEIZURE, AND ARREST CONFERRED UPON CUSTOMS OFFICERS FOR VIOLATIONS OF THE RULES AND REGULATIONS OF THE UNITED STATES APPLICABLE IN THE CANAL ZONE. General powers of search, seizure, and arrest are hereby conferred upon customs officers in the Canal Zone, including deputy shipping commissioners and boarding officers when performing customs duties. In the exercise of these powers customs officers are authorized to enter any building, other than dwelling houses, to stop vessels and vehicles, and to search vessels, vehicles, and their contents; and to stop and search persons and any packages carried by them. Such right of entry, 'stopping, search, seizure, and arrest shall be exercised only when there are reasonable grounds for suspecting violations of the customs rules and regulations authorized hereunder or of the United States applicable in the Canal Zone. (47 Stat. 813, c. 90, Sec. 2; Feb. 16, 1933.)

TITLE 39, Sec. 498. SEIZING AND DETAINING LETTERS. Any post-office inspector, collector, or other customs officer, or United States marshal or his deputy, may at all times seize all letters and bags, packets or parcels, containing letters which are being carried contrary to law on board any vessel or on any post route, and convey the same to the nearest post office, or may, by the direction of the Postmaster General or Secretary of the Treasury, detain them until two months after the final determination of all suits and proceedings which may, at any time within six months after such seizure, be brought against any person for sending or carrying such letters. (R. S. Secs. 3990, 4017; 21 Stat. 177, c. 206, Sec. 1; June 11, 1880.)

TITLE 19, Sec. 1467 (Supp. 5.) SPECIAL INSPECTION, EXAMINATION, AND SEARCH. Whenever a vessel from a foreign port or place or from a port or place in any Territory or possession of the United States arrives at a port or place in the United States or the Virgin Islands, whether directly or via another port or place in the United States or the Virgin Islands, the collector of customs for such port or place of arrival may, under such regulations as the Secretary of the Treasury may prescribe and for the purpose of assuring compliance with any law, regulations, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce, cause inspection, examination, and search to be made of the persons, baggage, and merchandise discharged or unladen from such vessel, whether or not any or all such persons, baggage, or merchandise has previously been inspected, examined, or searched by officers of the customs. (June 17, 1936, c. 497, Title IV, Sec. 467, as added June 25, 1938, 5 p. m. E.S.T., c. 679, Sec. 11, 52 Stat. 1083.)

TITLE 39, Sec. 700. SEARCHES AUTHORIZED. The Postmaster General may, by a letter of authorization under his hand, to be filed among the records of his department, empower any post-office inspector or other officer of the Post Office Establishment to make searches for mailable matter transported in violation of law; and the inspector or officer so authorized may open and search any car or vehicle passing, or having lately before passed, from any place at which there is a post office of the United States to any other such place, or any box, package, or packet, being, or having lately before been, in such car or vehicle, or any store or house, other than a dwelling house, used or occupied by any common carrier or transportation company, in which such box, package, or packet may be contained, whenever such inspector or officer has reason to believe that mailable matter, transported contrary to law, may therein be found. (R.S. Secs. 4017, 4026; June 11, 1880; c. 206, Sec. 1, 21 Stat. 177.)

ENFORCEMENT MEASURES ON NAVIGABLE WATERS AND VESSELS

TITLE 1, Sec. 66. CUSTOMS DUTIES OF OFFICERS OF CUTTERS. The officers of the Coast Guard cutters shall respectively be deemed officers of the customs, and shall be subject to the direction of such collectors of the revenue, or other officers thereof, as from time to time shall be designated for that purpose. They shall go on board all vessels which arrive within the United States or within four leagues of the coast thereof, if bound for the United States, and search and examine the same, and every part thereof, and shall demand, receive, and certify the manifests required to be on board certain vessels, shall affix and put proper fastening on the hatches and other communications with the hold of any vessel, and shall remain on board such vessels until they arrive at the port or place of their destination. (R. S. Sec. 2760; Jan. 28, 1915, c. 20, Sec. 1, 38 Stat. 800.) (R. S. Sec. 2760 from Act March 2, 1799, c. 22, Sec. 99, 1 Stat. 700. See section 1581 of Title 19.)

TITLE 14, Sec. 68. STOPPING VESSELS; IMMUNITY OF COAST GUARD OFFICERS. Whenever any vessel liable to seizure or examination does not bring-to, on being required to do so, or on being chased by any cutter or boat which has displayed the pendant and ensign prescribed for vessels in the Coast Guard, the master of such cutter or boat may fire at or into such vessel which does not bring-to, after such pendant and ensign has been hoisted, and a gun has been fired by such cutter or boat as a signal; and such master, and all persons acting by or under his direction, shall be indemnified from any penalties or actions for damages for so doing. If any person is killed or wounded by such firing, and the master is prosecuted or arrested therefor, he shall be forthwith admitted to bail. (R. S. Sec. 2765; Jan. 28, 1915, ċ. 20, Sec. 1, 38 Stat. 800.) (R. S. Sec. 2765 from Act March 2, 1799, c. 22, Sec. 102, 1 Stat. 700, 701)

TITLE 14, sec. 45, (Supp. 5) JURISDICTION OF COAST GUARD; INLAND WATERS. Commissioned, warrant, and petty officers of the Coast Guard are hereby empowered to make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas, and the navigable waters of the United States, its Territories, and possessions, except the Philippine Islands, for the prevention, detection, and suppression of violations of laws of the United States: Provided, That nothing herein contained shall apply to the inland waters of the United States, its Territories, and possessions, other than the Great

Lakes and the connecting waters thereof. For such purposes, such officers are authorized at any time to go on board of any vessel, subject to the jurisdiction, or to the operation of any law, of the United States, to address inquiries to those on board, to examine the ship's documents and papers, and to examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it shall appear that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States, by, such vessel, liable to forfeiture, or, so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel shall be seized. (June 22, 1936, c. 705, Sec. 1, 49 Stat. 1820.)

TITLE 14, Sec. 46, (Supp. 5). JURISDICTION OF COAST GUARD; INLAND WATERS; ACTING AS AGENT OF PARTICULAR DEPARTMENT, SUBJECTION TO RULES AND REGULATIONS OF DEPARTMENT. The officers of the United States Coast Guard, insofar as they are engaged, pursuant to the authority contained in section 45 of this section, in enforcing any law of the United States, shall-

(a) Be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and

(b) Be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law. (June 22, 1936, c. 705, Sec. 2, 49 Stat. 1821.)

TITLE 16, Sec. 640. GUARD OR PATROL OF WATERS; SEIZURE AND SEARCH OF VESSELS WITHIN JURISDICTION OF UNITED STATES. It shall be the duty of the President to cause a guard or patrol to be maintained in the waters frequented by the seal herd or herds and sea otter, in the protection of which the United States is especially interested, composed of naval or other public vessels of the United States designated by him for such service; and any officer of any such vessel engaged in such service and any other officers duly designated by the President may search any vessel of the United States, in port, or in territorial waters of the United States, or on the high seas, when suspected of having violated, or being about to violate, the provisions of said convention, or of sections 632 to 643, (providing for the control of fur seal, salmon, and other fisheries by the Department of Commerce) inclusive, of this title, or of any regulation made thereunder, and may seize such vessel and the officers and crew thereof and bring them into the most accessible port of the Territory or of any of the States mentioned in section 639 of this title for trial. (Aug. 24, 1912, c. 373, Sec. 9, 37 Stat. 501.)

Any

TITLE 16, Sec. 641. SEIZURE OF VESSELS OUTSIDE OF JURISDICTION OF SIGNATORY POWERS; PROCEDURE. vessel or person described in section 632 of this title offending or being about to offend against the prohibitions of the said convention, or of sections 632 to 643, (providing for control of fur seal, salmon, and other fisheries by the Department of Commerce) inclusive, of this title, or of the regulations made thereunder, may be seized and detained by the naval or other duly commissioned officers of any of the parties to the said convention other than the United States, except within the territorial jurisdiction of one of the other of said parties, on condition, however, that when such vessel or person is so seized and detained by officers of any party other than the United States such vessel or person shall be delivered as soon as practicable at the nearest point to the place of seizure, with the witnesses and proofs necessary to establish the offense so far as they are under the control of such party, to the proper official of the United States, whose courts alone shall have jurisdiction to try the offense and impose the penalties for the same. The said officers of any party to said convention other than the United States shall arrest and detain vessels and persons, as in this section specified, only after such party, by appropriate legislation or otherwise, shall have authorized the naval or other officers of the United States duly commissioned and instructed by the President to that end to arrest, detain, and deliver to the proper officers of such party vessels and subjects under the jurisdiction of that Government offending against said convention or any statute or regulation made by that Government to enforce said convention. The President of the United States shall de termine by proclamation when such authority has been given by the other parties to said convention, and his determination shall be conclusive upon the question; and such proclamation may be modified, amended, or revoked by proclamation of the President whenever, in his judgment, it is deemed expedient. (Aug. 24, 1912, c. 373, Sec. 10, 37 Stat. 501.)

TITLE 19, Sec. 1701b. CUSTOMS-ENFORCEMENT AREA--(b) BOARDING VESSELS; ARREST AND SEIZURE; COLPLIANCE WITH TREATY PROVISIONS; AUTHORITY OF SECRETARY OF COMMERCE UNAFFECTED. At any place within a customsenforcement area the several officers of the customs may go on board of any vessel and examine the vessel and any merchandise or person on board, and bring the same into port, and, subject to regulations of the Secretary of the Treasury, it shall be their duty to pursue and seize or arrest and otherwise enforce upon such vessel, merchandise, or person, the provisions of law which are made effective thereto in pursuance of subsection (a) in the same manner as such officers are or may be authorized or required to do in like case at any place in the United States by virtue of any law respecting the revenue: Provided, That nothing contained in this section or in any other provision of law respecting the revenue shall be construed to authorize or to require any officer of the United States to enforce any law thereof upon the high seas upon a foreign vessel in contravention of any treaty with a foreign government enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States except as such authorities are or may otherwise be enabled or permitted under special arrangement with such foreign government: Provided further, That none of the provisions of this chapter shall be construed to relieve the Secretary of Commerce of any authority, responsibility, or jurisdiction now vested in or imposed on that officer. (Aug. 5, 1935, c. 438, Title I, Sec. 1, 49 Stat. 517.)

TITLE 39, Sec. 496. CARRYING FOREIGN LETTERS. No vessel departing from the United States for any foreign port shall receive on board or convey any letter or packet originating in the United States which has not been regularly received from the post-office at the port of departure, and which does not relate to the cargo of such vessel, except as provided in section three thousand nine hundred and ninety three; and every collector, or other officer of the port empowered to grant clearances, shall require from the master of such vessel, as a condition of clearance, an oath that he has not received on board, has not under his care or control, and will not receive or convey any letter or packet contrary to the provisions of this section. (R. S. Sec. 3987; derived from Act, June 8, 1872, c. 335, Sec. 233, 17 Stat. 311.)

TITLE 39, Sec. 497. SEARCHING VESSELS FOR LETTERS. Any post-office inspector, when instructed by the Postmaster General to make examinations and seizures, and the collector or other customs officer of any port, without special instructions, shall carefully search all vessels for letters which may be on board or which have been conveyed contrary to law. (R. S. Secs. 3989, 4017; 21 Stat. 177, c. 206, Sec. 1;

June 11, 1880.)

TITLE 50, Sec. 191. SECRETARY OF TREASURY AND GOVERNOR OF CANAL ZONE AUTHORIZED TO REGULATE ANCHORAGE, MOVEMENT, AND SO FORTH, OF VESSELS. Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatenea disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove there from the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof.

Within the territory and waters of the Canal Zone the Governor of the Panama Canal, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury. (June 15, 1917, c. 30, Title II, Sec. 1, 40 Stat. 220.)

TITLE 19, Sec. 1587. EXAMINATION OF HOVERING VESSELS. (a) Any hovering vessel or any vessel which fails (except for unavoidable cause), at any place within the customs waters or within a customs-enforcement area established under chapter 5 of this title (Anti-Smuggling Act) to display lights as required by law, or which has become subject to pursuit as provided in section 1581 of this title, (boarding of vessels by officers) or which, being a foreign vessel to which subsection (h) of said section 1581 applies, is permitted by special arrangement with a foreign government to be so examined without the customs waters of the United States, may at any time be boarded and examined by any officer of the customs, and the provisions of said section 1581 shall apply thereto, as well without as within his district, and in examining the same, any such officer may also examine the master upon oath respecting the cargo and voyage of the vessel, and may also bring the vessel into the most convenient port of the United States to examine the cargo, and if the master of said vessel refuses to comply with the lawful directions of such officer or does not truly answer such questions as are put to him respecting the vessel, its cargo, or voyage, he shall be liable to a penalty of not more than $5,000 nor less than $500. If, upon the examination of any such vessel or its cargo by any officer of the customs, any dutiable merchandise destined to the United States is found, or discovered to have been, on board thereof, the vessel and its cargo shall be seized and forfeited. It shall be presumed that any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, so found, or discovered to have been, on board thereof, is destined to the United States.

(b) If any vessel laden with cargo be found at any place in the United States or within the customs waters or within a customs-enforcement area established under chapter 5 of this title (Anti-Smuggling Act) and such vessel afterwards is found light or in ballast or having discharged its cargo or any part thereof, and the master is unable to give a due account of the port or place at which the cargo, or any part thereof, consisting of any merchandise the importation of which into the United States is prohibited or any spirits, wines, or other alcoholic liquors, was lawfully discharged, the vessel shall be seized and forfeited.

(c) Nothing contained in this section shall be construed to render any vessel liable to forfeiture which is bona fide bound from one foreign port to another foreign port, and which is pursuing her course, wind and weather permitting. (As amended Aug. 5, 1935, c. 438, Title II, Sec. 206, 49 stat. 525.)

TITLE 19, Sec. 1581. BOARDING VESSELS. (a) Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters, or, as he may be authorized, within a customs-enforcement area established under chapter 5 of this title (Anti-Smuggling Act) or at any other authorized place, without as well as within his district, and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance.

(b) Officers of the Department of Commerce and other persons authorized by such department may go on board of any vessel at any place in the United States or within the customs waters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape or attempted escape, pursue and arrest any person engaged in the breach or violation of the navigation laws.

(c) Any master of a vessel being examined as herein provided, who presents any forged, altered, or false document or paper to the examining officer, knowing the same to be forged, altered, or false and