Page:United States Statutes at Large Volume 46 Part 1.djvu/705

 662 SCHE DULE 15. Sundries. Boas, wreaths, etc. Provisos. Importing plumes, etc., of wild birds pro- hibited. Exception. Presumption of ille- gal importation. Exception. Seizure by collector of customs. Procedure to enforce fo rfeitur e. Fo rfe ited bir ds or plumage to be placed in museums, etc . Destruction, if not so u sed Migratory bird laws not impaired. Vol
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p. 817; Vol. 4U, p in: V"ol. 45, p, 1222. Action if not ille- ga lly imported and possessed in violation of law . SEVENTY-FIRST CONGRESS . Snss. II. Cit. 497 . 1930. rayon or other synthetic textile, 90 per centum ad valorem ; when compose d wholl y or in chief va lue of o ther mat erials and not speciali ty provided for, 60 per centum ad valorem ; natural grasses, grains, leaves, plants, shrubs, herbs, trees, and parts thereof, not specially provided for, when bleached, 50 per centum ad valorem ; when colored, dyed, painted, or chemically treated, 75 per centum ad valorem ; boas, boutonnieres, wreaths, and all articles not specially provided for, com posed who lly or in chief val ue of any of the feathers, flowers, leaves, or other material above mentioned, shall be subject to the rate of duty provided in this paragraph for such materials, but not less than 60 per centum ad valorem : Pro vided, That the importation of birds of paradise, aigrettes, egret plumes or so-called osprey plumes, and the feathers, quills, heads, wings, tails, skins, or parts of skins, of wild birds, either raw or manu- factured, and not for scientific or educational purposes, is hereby prohibited ; but this provision shall not apply to the feathers or plumes of ostriches or to the feathers or plumes of domestic fowls of any kind : Provide d further, That birds of paradise, and the feather s, quil ls, head s, wings, tails, skins, or part s thereo f, and a ll aigrettes, egret plumes, or so-called osprey plumes, and the feathers, quills, heads, wings, tails, skins, or parts of skins, of wild birds, either raw or manufactured, of like kind to those the importation of which is prohibited by the foregoing provision-, of this paragraph, which may be found in the United States, on and after the passage of this Act, except as to such plumage or parts of birds in actual use for personal adornment, and except such plumage, birds or parts thereof imported therein for scientific or educational purposes, shall be presumed for the purpose o f seizure to have been imp orted unl aw- fully after October 3, 1913, and the collector of customs shall seize the same unless the pos sessor t hereof s hall est ablish, to the satisfac - tion of the collector that the same were imported into the United States prior to October 3, 1913, or as to such plumage or parts of birds that they were plucked or derived iii the United States from birds lawfully therein ; and in case of seizure by the collector, he shall proceed as in case of forfeiture for violation of the customs laws, and the same shall be forfeited, unless the claimant shall, in any legal proceeding to enforce such forfeiture, other than a criminal prosecut ion, over come the presumpti on of il legal imp ortation and e stablish that th e birds or arti cles sei zed, of like ki nd to th ose men- tioned the importation of which is prohibited as above, were i mported i nto the United St ates prio r to Oct ober 3, 1913, or were p lucked i n the Un ited Stat es from birds la wfully t herein. That whenever birds or plumage, tile importation of which is prohibited by the foregoing provisions of this paragraph, are for- feited to the Government, the Secretary of the Treasury is hereby authorized to place the same with the departments or bureaus of the Federal or State Governments or societies or museums for exhibition or scientific or educational purposes, but not for sale or personal use ; and in the event of such birds or plumage not being required or desired by either Federal or State Government or for educational purposes, they shall be destroyed. That n othing in this Act shall b e constru ed to rep eal the pro- v isions of the Act of March 4, 1913, chapter 145 (Thi rty-seven th Statutes at Large, page 847), or the Act of July 3, 1918 (Fortieth Statutes at Large, page 755), or any other law of the United States, now of force, intended for the protection or preservation of birds within the United States. That if on investigation by the collector before seizure, or before trial for forfeiture, or if at such trial if such seizure has been made, it shall be made to appear to the collector, or the prosecuting officer of the Government, as the case may be,

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