Page:United States Statutes at Large Volume 45 Part 1.djvu/738

 SEVENTIETH CONGRESS. SEss. I. CH. 664 . 1928 . 687 this Act, which shall be manufactured for sale or shipment, offered for sale, sold, or shipped, may be proceeded against in any district court of the United States within the district where the same shall Disposal of contents. be foun d and may be seized for con fiscation by a process of libel for condemnation. Upon request the person entitled shall be permitted to retain or take possession of the contents of such hampers or baskets, but in the absence of such request, or when the perishable nature of such contents makes such action immediately necessary, the same shall be disposed of by destruction or sale, as the court or Disposal of con a judge thereof may direct. If such hampers, round stave baskets, demned containers. splint baskets, or parts thereof be found in such proceeding to be contrary to this Act, the same shall be disposed of by destruction, except that the court may by order direct that such hampers, baskets, or parts thereof be returned to the owner thereof or sold upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such hampers, baskets, or parts thereof shall not be sold or used contrary to law. The pro ceeds of any sale under thi s section, le ss legal cost s and procedu re in seizur e charges, shall be pa id over to the person entit led thereto. The eases. proceedings in such seizure cases shall conform as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in such case, and all such proceedings shall be at the suit and in the name of the United States. Foreign s hipme nts not aff ected. SEC. 7. That this Act shall not prohibit the manufacture for sale or shipment, offer for sale, sale, or shipment of hampers, round stave baskets, splint baskets, or parts thereof, to any foreign country in accordance with the specifications of a foreign consignee or customer Ban ana hamp ers a l- not contrary to the law of such foreign country ; nor shall this Act lowed. prevent the manufacture or use of banana hampers of the shape and character now in commercial use as shipping containers for bananas. Dis tric t att orne ys to SEC. 8. That it shall be the duty of each United States district prosecu te violations. attorney to whom satisfactory evidence of any violation of this Act is presented to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States in his district for the enforcement of the provisions of this Act. Regulations, tests, SEC. 9 . That the Secretary of Agriculture shall prescribe such etc ., to be prescr ibed. regulations as he may find necessary for carrying into effect the provisions of this Act, and shall cause such examinations and tests to be made as may be necessary in order to determine whether hampers, round stave baskets, and splint baskets, or parts thereof, subject to this Act, meet its requirements, and may take samples of such hampers, baskets, or parts thereof, the cost of which samples, upon request, shall be paid to the person entitled. Cooperation author . SEC. 10 . That for carrying out the purposes of this Act the ized wit h Sta tes, manu - facturers, etc ., for em- Secretary of Agriculture is authorized to cooperate with State, ployees, expenses, etc. county, and municipal authorities, manufacturers, dealers, and shippers, to employ such persons and means, and to pay such expenses, including rent, printing publications, and the purchase of supplies and equipment in the District of Columbia and elsewhere, Necessary sums au- as he shall find to be necessary, and there are hereby authorized to thorized to be appro- be appropriated, out of any moneys in the Treasury not otherwise Post, pp . 885, 1214. appropria ted, such sums as may be ne cessary for s uch purposes. SEC. 11. That sections 5 and 6 of this Act shall become effective se izu re, etc., p ro- ceedings effective one at but not before the expiration of one year following the 1st day year after lst day of of Novemb er, next, succ eeding the pa ssage of this Act. next November. Approv ed, Ma y 21, 1928.

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