into or exported from the United States, or so deposited in the United States mails for transmission, or so delivered for transportation to any common carrier, or so transported or caused to be transported as specified in the first section of this Act, the actual fineness of such gold or alloy shall not be less by more than one-half of one carat than the fineness indicated by the mark stamped, branded, engraved, or printed upon any part of such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed; except that in the case of watch cases and flat ware, so made of gold or of any of its alloys, the actual fineness of such gold or alloy shall not be less by more than three one-thousandth parts than the fineness indicated by the mark stamped, branded, engraved, or printed upon such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed: Provided, That in any test for the ascertainment of the fineness of any article mentioned in this section, according to the foregoing standards, the part of the article taken for the test, analysis, or assay shall be such part or portion as does not contain or have attached thereto any solder or alloy of inferior fineness used for brazing or uniting the parts of said article: Provided, further, That in the case of any article mentioned in this section, in addition to the foregoing tests and standards, the actual fineness of the entire quantity of gold or of its alloys contained in such article, including all solder and alloy of inferior fineness used for brazing or uniting the parts of such article (all such gold, alloys, and solder being assayed as one piece), shall not be less by more than one carat than the fineness indicated by the mark stamped, branded, engraved, or imprinted upon such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed, it being intended that the standards of fineness and the tests or methods for ascertaining the same provided in this section for articles mentioned therein shall be concurrent and not alternative. [34 Stat. L. 260.] SEC. 3. [Silver articles-deviation from marked fineness allowed" sterling goods-"coin "goods-divergence permitted-testsactual fineness required.] That in the case of articles of merchandise made in whole or in part of silver or any of its alloys so imported into or exported from the United States, or so deposited in the United States mails for transmission, or so delivered for transportation to any common carrier, or so transported or caused to be transported as specified in the first section of this Act, the actual fineness of the silver or alloy thereof of which such article is wholly or partly composed shall not be less by more than four onethousandth parts than the actual fineness indicated by any mark (other than the word "sterling" or the word "coin ") stamped, branded, engraved, or printed upon any part of such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed; and that no such article o tag, card, or label attached thereto, or box, package, cover, or wrapper in which such article is incased or inclosed shall be marked, stamped, branded, engraved, or printed with the word "sterling" or "sterling silver" or any colorable imitation thereof, unless such article or parts thereof purporting to be silver contains nine hundred and twenty-five one-thousandth parts pure silver; and that no such article, tag, card, label, box, package, cover, or wrapper shall be marked, stamped, branded, engraved, or printed with the words "coin" or "coin silver" or colorable imitation thereof unless such article or parts thereof purporting to be silver contains nine hundred one-thousandth parts pure silver: Provided, That in the case of all such articles whose fineness is indicated by the word "sterling or the word "coin" there shall be allowed a divergence in the fineness of four one-thousandth parts from the foregoing standards: Provided, That in any test for the ascertainment of the fineness of any such article mentioned in this section according to the foregoing standards the part of the article taken for the test, analysis, or assay shall be such part or portion as does not contain or have attached thereto any solder or alloy of inferior fineness used for brazing or uniting the parts of such article: Provided further, That in the case of any article mentioned in this section, in addition to the foregoing tests and standards, the actual fineness of the entire quantity of silver or of its alloys contained in such article, including all solder and alloy of inferior fineness used for brazing or uniting the parts of such article (all such silver, alloys, and solder being assayed as one piece), shall not be less by more than ten one-thousandth parts than the fineness indicated by the marked, [mark?] stamped, branded, engraved, or imprinted upon such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed, it being intended that the standards of fineness and the tests or methods for ascertaining the same provided in this section for articles mentioned therein shall be concurrent and not alternative. [34 Stat. L. 261.] SEC. 4. [Plated goods description required-use of "sterling" or "coin "' forbidden.] That in the case of articles of merchandise made in whole or in part of an inferior metal, having deposited or plated thereon or brazed or otherwise affixed thereto a plating, covering, or sheet composed of gold or silver, or of an alloy of either of said metals, and known in the market as rolled gold plate, gold plate, gold filled, silver plate, or gold or silver electroplate, or by any similar designation, so imported into or exported from the United States, or so deposited in the United States mails for transmission, or so delivered to any common carrier, or so transported or caused to be transported as specified in the first section of this Act, no such article, nor any tag, card, or label attached thereto, nor any box, package, cover, or wrapper in which such article is incased or inclosed, shall be stamped, branded, engraved, or imprinted with any word or mark usually employed to indicate the fineness of gold, unless such word or mark be accompanied by other words plainly indicating that such article or part thereof is made of rolled gold plate, gold plate, or gold electroplate, or is gold filled, as the case may be, and no such article, nor any tag, card, or label attached thereto, nor any box, package, cover, or wrapper in which such article is incased or inclosed, shall be stamped, branded, engraved, or imprinted with the word "sterling " or the word "coin," either alone or in conjunction with other words or marks. [34 Stat. L. 261.] SEC. 5. [Punishment for violations-jurisdiction.] That each and every person, firm, corporation, or association, being a manufacturer of or a wholesale or retail dealer in gold or silver jewelry, gold ware, silver goods, or silver-ware, who or which shall knowingly violate any of the provisions of this Act, and every officer, manager, director, or managing agent of any such corporation or association having knowledge of such violation and directly participating in such violation or consenting thereto, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of the United States having jurisdiction of crimes within the district in which such violation was committed or through which has been conducted the transportation of the article in respect to which such violation has been committed, shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than three months, or both, at the discretion of the court. Whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. [34 Stat. L. 262.] SEC. 6. ["Article of merchandise defined.] That the expression "article of merchandise" as used in this Act shall signify any goods, wares, works of art, commodity, or other thing which may be lawfully kept or offered for sale. [34 Stat. L. 262.] SEC. 7. [Original packages not exempt from state, etc., laws.] That all articles of merchandise to which this Act applies which shall have been transported into any State, Territory, District, or possession of the United States, and shall remain therein for use, sale, or storage, shall, upon arrival in such State, Territory, District, or possession, be subject to the operation of all the laws of such State, Territory, District, or possession of the United States to the same extent and in the same manner as though such articles of merchandise had been produced in such State, Territory, District, or possession, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. [34 Stat. L. 262.] SEC. 8. [Effect.] That this Act shall take effect one year after the date of its passage. [34 Stat. L. 262.] FEDERAL RESERVE ACT See NATIONAL BANKS FEDERAL RESERVE BANKS See NATIONAL BANKS FEDERAL TRADE COMMISSION ACT See INTERSTATE COMMERCE FENCING ACT FERMENTED LIQUORS See CUSTOMS DUTIES; INTERNAL REVENUE FILLED CHEESE ACT FILMS See CUSTOMS DUTIES; MOTION PICTURES FINE ARTS COMMISSION ACT See PUBLIC PROPERTY, BUILDINGS AND GROUNDS FINES, PENALTIES AND FORFEITURES R. S. 909. Burden of Proof, When It Lies on Claimant in Seizure Cases, 322. Procedure 923. Seizure for Forfeiture in Certain Cases Publi R. S. cation, 324. R. S. R. S. 938. Bailing of Property Seized under Customs Laws, 325. R. S. 940. In Cases of Seizure, Bailing of Property in Vacation, 327. R. S. 1041. Judgments for Fines, How Collected, 327. R. S. 1042. Poor Convicts Sentenced and Imprisoned for Fines, 328. R. S. 1047. Limitation of Suit or Prosecution for Penalties and Forfeitures under Laws of United States, 330. R. S. 5292. R. S. 5293. R. S. 5294. Mitigation or Remission upon Summary Investigation before Remission upon Investigation under Regulations of Secretary of Remission or Mitigation of Fines, Penalties, and Forfeitures under R. S. 5296. Discharge of Indigent Convicts, 338. Act of June 22, 1874, ch. 391, 339. Sec. 6. Customs-Revenue Law - Payment to Informers, 339. 7. Officer Receiving Part of Informer's Fees-Action to Recover Money So Paid, 340. Act of June 26, 1884, ch. 121, 340. Sec. 26. Refund or Remission of Fines, etc., Illegally Assessed under Laws CROSS-REFERENCES Costs in Suit for Recovery, see COSTS. Jurisdiction of Suits, see JUDICIARY. Recovery for Particular Offenses, Defaults, or Omissions, consult the General Index. Sec. 909. [Burden of proof, when it lies on claimant in seizure cases.] In suits or informations brought, where any seizure is made pursuant to any act providing for or regulating the collection of duties on imports or tonnage, if the property is claimed by any person, the burden of proof shall lie upon such claimant: Provided, That probable cause is shown for such prosecution, to be judged of by the court. [R. S.] Act of March 2, 1799, ch. 22, 1 Stat. L. 678. Applicability to all suits on seizures.- 197, 11 U. S. (L. ed.) 559; U. S. v. SixThe rule prescribed by this section ap- teen Cases Silk Ribbons, (1870) 12 Int. plies to all suits on seizures under rev- Rev. Rec. 175, 27 Fed. Cas. No. 16,301. enue laws, when probable cause for the But see The Abigail, (1824) 3 Mason 331, seizure is shown. Cliquot's Champagne, 1 Fed. Cas. No. 18. And this includes (1865) 3 Wall. 114, 18 U. S. (L. ed.) 116. suits for penalties and forfeitures under See also Taylor v. U. S., (1845) 3 How. R. S. secs. 2867 and 2868 (see CUSTOMS |