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PART XXIX.-COAST GUARD CUTTERS.
353. Coast Guard cutters.
The President may, for the better securing the collec- R S., 2747. tion of import or tonnage duties, cause to be maintained so many of the Coast Guard cutters as may be necessary to be employed for the protection of the revenue, the expense whereof shall be paid out of such sum as shall be annually appropriated for the Coast Guard, and not otherwise.
The Secretary of the Treasury may direct the perform- R. s., 2758. ance of any service by the Coast Guard vessels which, in his judgment, is necessary for the protection of the revenue.
The officers of the Coast Guard cutters shall respec- K. S., 2760. tively 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 fastenings 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.
The collector of each district may, with the approval of R. S., 2763. the Secretary of the Treasury, provide and employ such small open row and sail boats, and persons to serve in them, as shall be necessary for the use of the surveyors and inspectors in going on board of vessels and otherwise, for the better detection of frauds.
The cutters and boats emploved in the service of the R.S., 2764. Coast Guard shall be distinguished from other vessels by an ensign and pendant, with such marks thereon as shall be prescribed by the President. If any vessel or boat, not employed in the service of the Coast Guard, shall, within the jurisdiction of the United States, carry or hoist any pendant or ensign prescribed for vessels in such service, the master of the vessel so offending shall be liable to a penalty of one hundred dollars.
Whenever any vessel liable to seizure or examination R. S., 2765. 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 forth with admitted to bail. July 7, 1884, Hereafter Coast Guard cutters shall be used exclu
sively for the public service, and in no way for private
purposes. June 24, 1914.
In the discretion of the Secretary of the Treasury, any of the Coast Guard cutters provided for in this Act, or any other revenue cutter now or hereafter in commission, may be used to extend medical and surgical aid to the crews of American vessels engaged in the deep-sea fisheries, under such regulations as the Secretary of the Treasury may from time to time prescribe. and the said Secretary is hereby authorized to detail for duty on Coast Guard cutters such surgeons and other persons of the Public Health Service as he may deem necessary.
PART XXX.-REMISSION OF FINES AND PENALTIES.
354. Remission of fines and penalties.
Whenever any person who shall have incurred any fine, R. S., 5292. penalty, or forfeiture, or disability, or may be interested in any vessel or merchandise which has become subject to any seizure, forfeiture, or disability by authority of any provisions of law for imposing or collecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels and for regulating the same, or providing for the suppression of insurrections or unlawful combinations against the United States, shall prefer his petition to the judge of the district in which such fine, penalty, or forfeiture, or disability has accrued, truly and particularly setting forth the circumstances of his case, and shall pray that the same may be mitigated or remitted, the judge shall inquire, in a summary manner, into the circumstances of the case; first causing reasonable notice to be given to the person claiming such fine, penalty, or forfeiture, and to the attorney of the United States for such district, that each may have an opportunity of showing cause against the mitigation or remission thereof; and shall cause the facts appearing upon such inquiry to be stated and annexed to the petition, and direct their transmission to the Secretary of the Treasury [Secretary of Commerce in some cases). The Secretary Feb. 14, 1903. shall thereupon have power to mitigate or remit such Sec. 10. fine, forfeiture, or penalty, or remove such disability, or any part thereof, if, in his opinion, the same was incurred without willful negligence, or any intention of fraud in the person incurring the same; and to direct the prosecution, if any has been instituted for the recovery thereof, to cease and be discontinued, upon such terms or conditions as he may deem reasonable and just.
The Secretary of the Treasury [Secretary of Commerce R.S., 5293. in some cases) is authorized to prescribe such rules and Sec: 10. modes of proceeding to ascertain the facts upon which an application for remission of a fine, penalty, or forfeiture is founded, as he deems proper, and, upon ascertaining them, to remit the fine, penalty, or forfeiture, if in his opinion it was incurred without willful negligence or fraud, in either of the following cases:
First. If the fine, penalty, or forfeiture was imposed under authority of any revenue law, and the amount does not exceed one thousand dollars.
Feb. 14, 1903. Sec175.
R. S., 5294.
Second. Where the case occurred within either of the collection districts in the States of California or Oregon.
Third. If the fine, penalty, or forfeiture was imposed under authority of any provisions of law relating to the importation of merchandise from foreign contiguous territory, or relating to manifests for vessels enrolled or licensed to carry on the coasting-trade on the northern, northeastern, and northwestern frontiers.
Fifth. If the fine, penalty, or forfeiture was imposed
by authority of any provisions of law for levying or colMar. 2, 1899. lecting any duties or taxes, or relating to registering,
recording, enrolling, or licensing vessels, and the case arose within the collection-district of Alaska, or was imposed by virtue of any provisions of law relating to furseals upon the islands of Saint Paul and Saint George.
The Secretary of Commerce may, upon application Mar. 2, 1896. therefor, remit or mitigate any fine, penalty, or forFeb. 14, 1903. feiture provided for in laws relating to vessels or dis
continue any prosecution to recover penalties or relating to forfeitures denounced in such laws, excepting the penalty of imprisonment or of removal from office, upon such terms as he, in his discretion, shall think proper; and all rights granted to informers by such laws shall be held subject to the Secretary's powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the remission of the penalty or forfeiture; and the Secretary shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may deem proper.
Any officer or other person entitled to or interested in a part or share of any fine, penalty, or forfeiture incurred under any law of the United States, may be examined as a witness in any of the proceedings for the recovery of such fine, penalty, or forfeiture by either of the parties thereto, and such examination shall not deprive such witness of his share or interest in such fine, penalty, or
forfeiture. June 26, 1884. Whenever any fine, penalty, forfeiture, exaction, or
charge arising under the laws relating to vessels or seamen has been paid to any collector of customs or consular officer, and application has been made within one year
from such payment for the refunding or remission of the Feb. 14, 1903. same, the Secretary of Commerce if on investigation
he finds that such fine, penalty, forfeiture, exaction, or charge was illegally, improperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated.
R. S., 5295.
PART XXXI.-CATTLE, LIVE STOCK, AND DAIRY TRADE.
355. Regulation of cattle ships.
360. Exportation of diseased live 356. Inspection of live stock and meat products.
361. Care of cattle in domestic trade. 357. Horses and horse meat.
362. Neat cattle. 358. Diseased cattle.
363. Inspection of butter and dairy 359. Quarantine of live stock.
products. 355. Regulation of cattle ships.
The Secretary of Agriculture is hereby authorized to Mar. 3, 1891. examine all vessels which are to carry export cattle from the ports of the United States to foreign countries, and to prescribe by rules and regulations or orders the accommodations which said vessels shall provide for export cattle, as to space, ventilation, fittings, food and water supply and such other requirements as he may decide to be necessary for the safe and proper transportation and humane treatment of such animals.
Whenever the owner, owners, or master of any vessel Sec. 2. carrying export cattle shall willfully violate or cause or permit to be violated any rule, regulation or order made pursuant to the foregoing section the vessel in respect of which such violation shall occur may be prohibited from again carrying cattle from any port of the United States for such length of time, not exceeding one year, as the Secretary of Agriculture may direct, and such vessel shall be refused clearance from any port of the United States accordingly. 356. Inspection of live stock and meat products.
That on and after October first, nineteen hundred and Mar. 4, 1907. six, no person, firm, or corporation shall transport or offer for transportation, and no carrier of interstate or foreign commerce shall transport or receive for transportation from one State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, any carcasses or parts thereof, meat, or meat food products thereof which have not been inspected, examined, and marked as "Inspected and passed,” in accordance with the terms of this Act and with the rules and regulations prescribed by the Secretary of Agriculture: Provided, That all meat