United States v. 218½ Carats Loose Emeralds

Citations

• 153 F. 643
• 1907 U.S. Dist. LEXIS 299

Syllabus

<p>1. Customs Duties — Fraudulent Entry — False Statement, Etc.</p> <p>The first part of section 9, Customs Administrative Act June 10, 1890. e. 407, 20 Stat. 135 [U. S. Comp. St. 1901, p. 1895], relating to fraudulent or false invoices, statements, practices, or appliances, lias application only wlien sucli means are employed in connection with goods the importation of which is not concealed.</p> <p>2. Same — Fortteiturio—'Willful Aot or Omission.</p> <p>The penalty of forfeiture prescribed by Customs Administrative Act June 10, 1890, c. 407. § 9, 20 Stat. 135 [U. S. Comp. St. 1901, p. 18951, where any importer is “guilty of any willful act or omission by means whereof the United States shall be deprived of the lawful duties,” is incurred whore a passenger on a steamer willfully omits to mention to the customs officials merchandise in his possession.</p> <p>3. Same — “Baggage”—Articles on the Person.</p> <p>Precious stones carried loose in a pocket of a passenger arriving in the United States, though not “baggage” within the common-law definition of that term, are baggage within the meaning of section 2802, Rev. St. TU. S. Comp. St. 1901, p. 1873]; and the jiassengcr is bound to declare them in the same way as articles contained in his trunk.</p> <p>[Ed. Note. — Interpretation of commercial and trade terms in tariff laws, see note to Dennison’s Mfg. Co. v. U. S., 18 O. C. A. 545.]</p> <p>4. Same--Merchandise Unladen Without Permtt — Articles on the Person.</p> <p>Where a person arriving in the United States took with him from tlie vessel articles which he had willfully omitted to declare to the customs officers, he was guilty of unloading merchandise withoul a permit, in violation of section 2872, Rev. St. LU. S. Comp. St. 1901, p. 1910].</p> <p>5. Same — Peodúction of Invoice — Smuggled Goods.</p> <p>Customs Administrative Act June 10, 1890, c. 407, § 4, 20 Stat. 131 [U. S. Comp. St. 1901, p. 1888], requiring the production of an invoice or declaration of imported