                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1587. Examination of hovering vessels


(a) Boarding and examination

    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 the Anti-Smuggling Act [19 
U.S.C. 1701 et seq.], to display lights as required by law, or which has 
become subject to pursuit as provided in section 1581 of this title, or 
which, being a foreign vessel to which subsection (h) of section 1581 of 
this title 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) Unexplained lightness of vessel or discharge of cargo

    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 the Anti-Smuggling Act [19 U.S.C. 1701 et seq.] 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) Vessel bona fide bound from one foreign port to another foreign port

    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.

(June 17, 1930, ch. 497, title IV, Sec. 587, 46 Stat. 749; Aug. 5, 1935, 
ch. 438, title II, Sec. 206, 49 Stat. 525.)

                       References in Text

    The Anti-Smuggling Act, referred to in subsecs. (a) and (b), is act 
Aug. 5, 1935, ch. 438, 49 Stat. 517, as amended, which is classified 
principally to chapter 5 (Sec. 1701 et seq.) of this title. For complete 
classification of this Act to the Code, see section 1711 of this title 
and Tables.


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 588, 42 Stat. 981. That section 
was superseded by section 588 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    Provisions substantially the same as those in this section, except 
that they applied only to ports on the northern, northeastern and 
northwestern frontiers, were contained in R.S. Sec. 3110, prior to 
repeal by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.


                               Amendments

    1937--Act Aug. 5, 1935, amended section generally.
