United States v. One Pearl Necklace

Citations

• 111 F. 164
• 56 L.R.A. 130
• 1901 U.S. App. LEXIS 4371

Syllabus

<p>1. Customs Duties—Administration—Entry of Passenger’s Baggage.</p> <p>Rev. St.. §§ 2799, 2801, are not intended to provide alternative methods of dealing with the baggage of a passenger entering the United States, and the discretion given to the customs officers by section 2801 to make an examination of such baggage does not dispense with the necessity of making the entry required by section 2799 in all cases before the baggage can be landed.</p> <p>2. Same—Forfeiture— Failure to Mention Article for Entry.</p> <p>Any dutiable article found in the baggage of a passenger entering the United States, which was not at the time of making the entry of such baggage under Rev. St. § 2799,-“mentioned to the collector before whom such entry was made by the person making the entry,” is subject to forfeiture, under the provisions of section 2802, without regard to the existence of any fraudulent intent: but it is a sufficient “mention” of an article to avoid forfeiture if it is called to the attention of the officer who, as representative of the collector, takes the entry or declaration, although it is not mentioned therein.</p> <p>8. Same-Exemptions—Personal Apparel and Em’ects.</p> <p>Paragraph GOT of the tariff act of 1897 (30 Stat. 202) places on the free list “such articles of wearing apparel, personal adornment, toilet articles and similar personal effects as are in the use of and accompanying persons arriving in the United Slates and are necessary and appropriate for the immediate purposes of the journey and their present comfort and convenience: provided that in case of residents of the United States returning from abroad all-wearing apparel and other personal effects taken by them out of the United States to foreign countries shall be admitted free of duty, without regard to their value, * * * but no more than one hundred dollars in value of articles purchased abroad by such residents of the United States shall be admitted free of duty upon their return,” Held, that