ARTICLE XXVI—OF SMUGGLING, AND OTHER FRAUDS AGAINST THE REVENUE LAWS.

 

§655.  Every person who shall be in any way engaged in the importation, introduction, landing, or transhipping of any goods, wares or merchandise, subject to duty, without paying or securing the payment of such duty, or who shall make out or pass, or attempt to pass, through any custom-house, any false, forged or fraudulent invoice, and also his aiders and abettors, shall be deemed guilty of the misdemeanor of smuggling, and on conviction thereof, shall be fined not less than fifty, nor more than one thousand dollars, or imprisoned at hard labor not exceeding two years, in the discretion of the court; and all goods, wares, and merchandise, so smuggled or attempted to be smuggled, and the vessel from which they are smuggled or attempted to be smuggled, together with all her boats, tackle, apparel and furniture, and all other boats, vessels, and craft of whatever description, in any way used or engaged in such smuggling, or attempt to smuggle, shall be forfeited, and may be seized, condemned and sold for the benefit of the Hawaiian Government.

 

§656.  Any person who shall be charged with, or suspected of, the offense of smuggling, or attempting to smuggle, may be arrested by any officer of the police or customs, without a warrant, and detained until he can be brought before some police or other justice, for examination.

 

§657.  In all cases where any person shall be charged with smuggling, or attempting to smuggle, any goods, wares or merchandise, it shall be incumbent on such person to prove the legal importation, and the payment of the duties required by law.

 

§658.  All baggage, or other property, exempt from duty, landed without due entry and permit, first made and obtained, shall be forfeited, and be liable to seizure and sale.

 

§659.  Whenever any article, subject to duty, shall be found in the baggage of any person, which shall not, at the time of making entry for such baggage, have been mentioned to the collector, it shall be forfeited; and the person in whose baggage it shall be found shall forfeit and pay five times the value of such article.

 

§660.  All vessels, boats, goods, wares, merchandise, or other property, liable to forfeiture shall, and may, be seized in any place, either upon land or water, by any collector or other officer of customs, by any person employed for the prevention of smuggling, or by any sheriff, constable, or police officer; and all property so seized by any other person than a collector, shall, as soon as convenient, be delivered into the care of the collector, nearest the place of seizure.

 

§661.  It shall be lawful for any collector or other officer of customs, to go on board of, and examine any vessel, on her entry into and departure from this Kingdom, and at any other time that such collector or other officer may deem it necessary.

 

§662.  It shall be lawful for any collector, or other officer of customs employed for the prevention of smuggling, or for any sheriff, constable, or police officer, to go on board any vessel, when he shall have reason to suspect any goods subject to duty are concealed on board of such vessel, and upon producing his commission, or appointment to office, to search for, seize and secure any such goods.

 

§663.  If any collector, or other officer of customs, or sheriff, constable, or other police officer, shall suspect the concealment of any smuggled goods in any house, shop, cellar, warehouse, room, hulk, or other place, he shall, upon application to any judge or justice, setting forth under oath, facts sufficient in the opinion of such judge or justice, to justify such suspicion, be entitled to a warrant to enter such house, shop, cellar, warehouse, room, hulk, or other place, and there to search for and secure any such goods; and in case of resistance, to break open doors, chests, trunks, and other packages, and there to seize, and from thence to bring away any smuggled goods, and to place and secure the same in the custody of the collector nearest the place of seizure.

 

§664.  When any collector, or other officer of customs, shall deem it necessary, he may call upon any sheriff, constable, or other police officer, to render him assistance in making or enforcing any search or seizure; and any such officer refusing such assistance, shall be liable to a fine not exceeding five hundred dollars, in the discretion of the court.

 

§665.  If any collector, officer of the customs, or other officer, or any person acting in their aid, shall be hindered, opposed, molested or obstructed, in the due execution of his office or duty, in making any search or seizure, or otherwise, by any person whatsoever, every person so hindering, opposing, molesting or obstructing any such officer, or other person, and also any person aiding or abetting in the commission of such offense, shall be liable to a fine of not less than fifty, nor more than one thousand dollars, in the discretion of the court.

 

§666.  The Collector-General, or any other collector of customs, is authorized to cause a suit or prosecution to be instituted in his own name, on behalf of the Hawaiian Government, for any violation of the provisions of any law relating to the revenue of customs.

 

§667.  All vessels, goods, or other property seized, shall remain in the custody of some collector or other officer of the customs, until it shall have been ascertained whether the same are liable to forfeiture or not:  provided, however, that if the claimant of any such vessel, goods, or other property, shall pray to have the property delivered to him, the court may appoint three appraisers, to appraise under oath the value of the same, at the expense of the claimant; and if at the return of the appraisement, the claimant shall give a bond with two good and sufficient sureties, to be approved by the court for payment to the collector, of a sum equal to the value appraised, and produce a certificate of the duties having been paid or secured, such property shall be delivered to the claimant. 

 

§668.  If, upon the trial, judgment shall be given for the claimant, the bond shall be cancelled; but if against him, he must, within twenty days thereafter, pay into court the amount of the appraised value with the costs, or judgment shall be forthwith rendered upon the bond, on motion in open court, or before some judge at chambers. 

 

§669.  All property in the custody of any collector, or other officer of the customs, shall, after condemnation, be sold at public auction, upon giving such notice of the time and place of sale, as the court may direct.

 

§670.  When any property shall be seized under any law relating to the revenue of customs, notice of such seizure shall be published in the Government Gazette, and unless the person from whom it is taken, or the owner, or some person authorized by him, shall, within twenty days from the day of such notice of seizure give notice to the person seizing the same, or to the collector, that he claims such property, it shall be held to be condemned, and shall be sold at public auction.

 

§671.  The proceeds of all property condemned and sold for violation of any revenue law, after deducting legal commissions for selling the same, and all other necessary expenses; and also all fines and penalties imposed for the violation of any revenue law, after deducting the costs of court, shall be paid to the Collector-General of Customs.

 

§672.  The proceeds of all forfeitures, fines and penalties, under the revenue laws, after deducting the legal costs and charges, as provided in the last preceding section, shall be divided as follows:

 

One-half shall be paid and accounted for by the Collector-General to the Minister of Finance, for the benefit of the public treasury; one fourth to the person who gave the definite information which led directly to the seizure, or induced the prosecution; and one fourth to the person who made the seizure or entered the prosecution; if no other person has a claim as informer than the one making the seizure; or entering the prosection, he shall be entitled to the one-half.

 

§673.  Any person entitled to a share of any such forfeiture, fine or penalty, may be used as a witness on the trial.

 

*Section 673 is also Section 19, Chapter LXX P. C.

 

§674.  Every person having a claim for a share of any such forfeiture, fine or penalty, shall state the same in writing under oath, to the Collector-General, within twenty days from the date of the seizure, or from the time the penalty is imposed, otherwise he shall forfeit his claim. 

 

§675.  The Collector-General shall pay over their shares to the several claimants, according to their legal rights, of which he shall be the judge, subject to an appeal to the Minister of Finance, within ten days after the rendition of the collector’s decision.

 

§676.  No officer shall be entitled to a share of any forfeiture, fine or penalty, for any violation of the revenue laws, by virtue of his office, nor be debarred from receiving a share, on account of his office or salary:  provided, however, that if the Collector-General shall be a claimant in any case, his claim shall be filed with, and be heard and determined by, the Minister of Finance, subject to no appeal.

 

§677.  All spirituous liquors seized and condemned for any violation of the revenue laws, shall be sold in bond, and be subject to exportation, or to withdrawal for consumption, upon payment of the legal duties, the same as if they had been legally imported; and the person or persons entitled to a share of the proceeds of the liquors condemned and sold, shall receive a share of the duties actually paid on such liquors, in the proportion of their shares in the proceeds.  All other property, so seized and condemned, shall be sold without any reference to duties.

 

§678.  When in any suit for the forfeiture of any vessel, goods or other property, judgment shall be given for the claimant, if it shall appear to the court, or judge trying the case, that there was probable cause of seizure, such court or judge shall cause a certificate to be made thereof, and in such case, the claimant shall not be entitled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to suit on account of such seizure or prosecution; but the vessel or other property must be, after judgment, forthwith returned to such claimant or his agent. 

 

§679.  All suits to procure a decree of forfeiture, condemnation and sale, against any vessel, boat, goods, or other property, may be brought in the Supreme Court, in any Circuit Court, or before any Judge of the Supreme or Circuit Court at chambers, and they shall have exclusive jurisdiction to try and determine such cases:  provided, always, that the several police justices shall have concurrent jurisdiction to try and determine any such suit, where the value of the property does not exceed five hundred dollars.

 

§680.  Forfeitures for the violation of any provision of the revenue laws, shall attach and divest the property the moment the offense has been committed, and no sale or other change of property shall purge the forfeiture.

 

§681.  All suits brought against any person, vessel, goods, or other property, for the violation of any provision of the revenue laws, and all suits brought against any officer of the customs, or other person, for anything done in pursuance of the revenue laws, shall be commenced within six months after such violation is discovered, or such thing done.

 

§682.  Upon sworn complaint to any justice, charging any person with the violation of any provision of the revenue laws, and setting forth sufficient facts to warrant said justice in the belief that such violation has been made, he shall issue a warrant for the arrest of such person, commanding that he be brought before him for examination. If, after the examination of the accused, the justice shall be of the opinion that there is probable cause to believe, upon the evidence produced to him, that a conviction would take place before a jury, he shall commit the accused to prison, to await his trial at the next term of the Supreme or Circuit Court:  provided, however, that the accused may be released from prison, upon giving a bond with two good and sufficient sureties, to be approved by said justice, conditioned for the payment of any fine that may be imposed upon him, if found guilty, or that he will appear at the time of trial, and answer to the charge; and further provided, that nothing in this section contained shall be construed as interfering with the jurisdiction of the police justices in cases of smuggling and other offenses, as provided in the next succeeding section. 

 

§683.  The respective police and district justices throughout the Kingdom, shall have jurisdiction to try and determine all cases, in which any person shall be charged with smuggling, or attempting to smuggle, and all other offenses against any provision of the revenue laws, when the amount of the fine does not exceed five hundred dollars.

 

§684.  In case any person charged with, and convicted of, an offense against the revenue laws, shall desire an appeal, it shall be incumbent upon him to first pay the amount of the accrued costs and fine, or to give a bond for the payment of the same, signed by at least two good and sufficient sureties, to be approved by the court by whom he was tried.

 

§685.  Every person who shall be fined for a violation of any provision of the revenue laws shall, in case he fail to pay such fine, be imprisoned at hard labor until such fine be paid or remitted, or until he shall have earned a sum equivalent to such fine.

 

§686.  If any officer shall make any collusive seizure, or shall deliver up, or shall make any agreement to deliver up, or not seize, any vessel, boat, or other property liable to seizure, or shall directly or indirectly take or receive any bribe, gratuity, recompense, or reward, for the neglect or non-performance of his duty, he shall for each such offense, be liable to a fine of not exceeding two thousand dollars, and be rendered incapable of serving the King in any office or employment; and if any person shall five any bribe, recompense or reward to, or make any such collusive agreement with, any such officer, whether the offer, proposal, promise or agreement, be accepted or performed, or not, he shall be liable to a fine of not exceeding two thousand dollars.

 

§687.  Whenever the words “goods,” “wares,” and “merchandise,” or either of them, are used in this article, the same shall be construed to include all property of whatever kind or description. 

 

§688.  The Minister of Finance shall have power, from time to time, to make, alter and amend, such rules and regulations for the collection of duties and the transaction of the business of the custom houses, not in conflict with any law, as he may deem proper, giving due notice of the same in the Government Gazette.

 

§689.  Any person who has incurred any fine, penalty or forfeiture, for a breach of any provision of the revenue laws, or is interested in any vessel, or merchandise subject to seizure, forfeiture, or disability, may petition the Minister of Finance, setting forth the circumstances of his case, and praying that the same may be mitigated or remitted, and the said Minister may mitigate or remit such fine, forfeiture, or penalty, or remove such disability, or any part thereof, and he may direct any prosecution for such fine, penalty, or forfeiture, to be discontinued upon such terms as he may deem reasonable.

 

 

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