Page:United States Statutes at Large Volume 44 Part 2.djvu/1448

1408 SIXTY-NINTH CONGRESS. Sasa. II. Cu. 489. 1927. ° ¤¤*¤¤•**¤, 1** .1.mu. ma oounmnwnon raocmnnme M{*"{{_g§:*°¤ °‘ *”•· .Sa0. 4. (a) _Any dangerous caustic or corrosive substance in a ' misbranded parcel, package, or container suitable for household use shall be liab e to be proceeded aglagnst in the district court of the United States for any judicial. ` rict in which the substance 18 omaaausn or me- found and to be seized for confiscation by a process of libel for °"°°°°'°°'°‘°°'°‘ condemnation, if such substance is being- ,,,Q‘}:""’ *“ °""" 1 in interstate or foreég commerce, or . _ susan me na ana- » 2. H for sale or exchange r having been so shipped, or 1i°QTE°r$}.;., 3 Held for sale or exchange in any Territory or possession or in the District of Columbia. ‘ Dismal by mn. , gb) If such substance is condemned as misbranded by the court it be disposed of in the discretion of the court- aycwaam. 21), By destruction . l · Bran 2 By sale. » The roceeds of the sale, less legal costs and charges, Mmm- shall be paid into &e Treasury as miscellaneous rece1pts. Such » substance shall not be sold in any jurisdiction contrary to the provisions of this Ant or the laws of suclgiurisdiction, and the court may reqluire. the Slurchaser at any such e to label such substance in wi lavyh before thtehdeligery thetrgof. _ { I I Delivarytocwncon ·V6l'y to 0 0WI181‘ 8100 HPOII 9 pdyméllt 0 6g8. 2§T,"Q{fiZ{‘.,_°‘ md °°‘ costs angcha and execution and delivery of a good and sufficient bond to the dgddt that such substance will not be sold or otherwise disposed of in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction. . mréwm is mm- (c) Proceedingsinsuclalibelczasesshall conform,asnearlyasmay ”` · be, to suits in rem in admiralty, except that either party may demand trial b jury on any issue of act if the value in controversy exceeds $20. fn case of a jury trial the verdict of the jury shall have the same edect as a finding of the court upon the facts. All such proceedings shall be at the suit and in the name of the United States. xmperamieaan. nxcnusrox or mrsanaxnm rxrorrrs N¤¤¤¤¤*i¤¤*°B•¤•· Sno. 5. (a) Whenever in the case of any dangerous caustic or ¤°i”mii¤ corrosive substance being offered for importation the Secretary of ‘°°"“· Agriculture has reason to believe that such substance is being shiplped in interstate or foreign commerce in violation of section 3, he all give due noticeand opportunityfor hearing thereon to the owner .or_consig¤0¤ and certi y such fact to the Secretaizy of·the Treasury, Action or Bamrary who shall whereupon (1) refuse admission an . delivery to the °°°“°°°“m°°°i°°’ consignee of such substance, or (2) deliver such substance to the consigneecpending examination, hearing, and decision in the. matter, on the execution of a penal bond to the amount of the full invoice valueof such substance, together with thedut thereon, if any, and tp the eifectathat on refusa to return such substance for any cause to the Secretary of the Treasury when demanded, for the purpose of excluding it from the country or for any other purpose, the consigiee shall forfeit the-full amount of the bond. I Nezmmxeuumww r (b) If, after proceeding accordance with subdivision (a), the ““°""““’ ""’°°°· Secretary of Agriculture is satisfied that such substance being offered for importation was shipped in interstate or forei commerce in violation of any provision of this Act he shall certign the fact to the Secretary of- _e Treasury,‘who shall thereupon notify the owner Salam. or consignee and cause the sale or other dis tionof such substance refused, admission and delivery or entereeiwiisrlder bond, unless it is exported by the owner or consignee or labeled by him so as to conform to the law within three months from the date of such notice, under such regulations as the Secretary of the Treasury may prescribe.