Page:United States Statutes at Large Volume 36 Part 1.djvu/358

 334 SIXTY-FIRST CONGRESS. Sess. II. Ch. 191. 1910. D”’°’*¥ Sec. 9. That no dealer shall be rosecuted under the rovisions of grzliiotegtimdiuguhfep this Act when he can establish a gliraranty signed by thewholesaler, ”"°°°‘ jobber, manufacturer, or other party residing in the United States, from whgni he prrrchased tsuchdarticleiurso Itrhe effect tha? tllrpssgme _ rsnotauterate ormisrane wif temeaningot° ct, ,,,};‘0jf’m‘Y °* ¢“'“" designating it. Said guaranty, to afford. protection, shall contain the name and address of the party or partres making the sale of such articles to such dealer, and m suc case said party or_part1es shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this Act. ge*{;{1*¤;:*r;gg¥:gn¤g& Sec. 10. That any insecticide, Paris green, lead arsenate, or p¤m¤g,em.,r¤1q¢ei·- fungicide that is adulterated or misbranded within the meaning of §,{,°,,,§,‘§ ‘°'°‘““ this Act and is being transported from one State, Territory, or L District, to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or any Territory of the United States, or if it be imported from a fore' country for sale, shall be liable to be proceeded against in any Etrict court of the United States within the district wherein the same is found and _ seized for confscation by a process of libel for condemnation. ,,{’,c"§§§"“ "’ °°“°d And of such article is condemned as being adulterated or misbranded, wrthrn the meamng of this Act, the same shall be disposed of by destruction or sale as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury_ of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act or the §{,',f,‘§§{’;,,m_, dem, laws of that jurisdiction: Provided, however, That upon the payment ewwewner- of the costs of such_l1bel proceedings and the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provrsrons of this Act or the laws of any State, Territory, or District, the court may b order d1rect_ that such articles be delivered to the owner thereofi P"°°°““'°· The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admrralty except that either party may demand trial by jury of any issue of fact joined in any such case, and all grzch proceedings shall be at the suit of and in the name of the United a cs. §§j‘}f,§,}i§‘,QQ‘}f,‘§’·0, Sec. 11. That the Secretary of the Treasury shall deliver to the ·¤¤r·r>¤e¤· Secretary of Agriculture, upon his request, from time to time, samples of insecticides, Paris greens, lead arsenates, and fungicides which are being imported rnto the United States or offered for import, giving notice thereof to_the owner or consi ee, who may appear before the Exclusion U adm- Secretary of Agriculture and have the right to introduce testimony; ,m,,,,,_e,,,_ and if it appear from the examination of such samples that any insecticide, or Paris green, or lead arsenate, or fungicide offered to be rrnported into the United States is adulterated or misbranded within the meaning of this Act, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into or for iidden to be sold or restricted in sale in the count in which 1t_ is made or from which it is exported, or is otherwise fsilgely labeled rn any respect, the said article shall be refused admission, _ and the Secretary of the Treasury shall refuse deliver to the con- D°°‘““°*‘°°·°“’· srgrree and shall cause the destruction or any goods refiised delivery which shall not be exported by the consignee within three months Pr _ from the date of notice of such refusal under such regulations as the Pm°{§§'§f,,,&,de,,vcry Secretary of the Treasury may prescribe: Provided, That the Secretary cocoumgnee. of the Treasury may deliver to the consignee such oods pending examination and decision  the matter on execution ofa penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause