Page:United States Statutes at Large Volume 49 Part 1.djvu/77

 32 74T H CONGRESS. SESS. I. CH. 18, FEBRUARY 22, 1935. (e) Any person whose application for a certificate of clearance is denied may obtain a review of the order denying such application in the United States District Court for the district wherein the board is sitting by filing in such court within thirty days after the entry of such order a written petition praying that the order of the board be modified or set aside, in whole or in part. A copy of such petition shall be forthwith served upo n the board, and the reupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript, such court shall have jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the board shall be considered by the court unless such objection shall have been urged before the board. The finding of the board as to the facts, if supported by evidence, shall be conclusive. The judgment and decree of the court shall be final, subject to review as provided in se ctions 128 and 240 of the Judicial Code, as amended (U. S. C., title 28, sees. 225 and 347) Punishment for vio- SEC. 6 . Any person knowingly violating any provision of this Act ration. or an y regu lation prescr ibed th ereund er shal l upon convi ction b e pun- ished by a fine of not to exceed $2,000 or by imprisonment for not to exceed six mon ths, or by both such fine and imprisonmen t. ofe lz ba aforfeiture SE C. 7. (a) Contraband oil s hipped or transporte d in interstate commerce in violation of the provisions of this Act shall be liable to be proceeded against in any district court of the United States within the jurisdiction of which the same may be found, and seized for for- Disc retio nary ret urn. feiture to the United States by a process of libel for condemnation ; but in any such case the court may in its discretion, and under such terms and conditions as it shall prescribe, order the return of such contraband oil to the owner thereof where undue hardship would result from such forfeiture. The proceedings in such cases shall con- form as nearly as may be to proceedings in rem in admiralty, except that eit her party may demand a trial by jury of a ny issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States. Contraband oil forfeited to the United States as provided in this section shall be used or dis- posed of pursuant to such rules and regulations as the President shall prescribe. (b) No such forfeiture shall be made in the case of contraband oil owned by any p erson (other than a p erson shipping such contraband oil in violation of the provisions of this Act) who has with respect to such contraband oil a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of section 5, certifying that the shipment in question is not contraband oil, and such person had no reasonable ground for believ- ing such certificate to be invalid or to have been issued as a result of fr aud or misrep resent ation o f fact. SEC. 8 . No common carrier who shall refuse to accept petroleum or petroleum products from any area in which certificates of clearance are required under authority of this Act, by reason of the failure of the shipper to deliver such a certificate to such carrier, or who shall refuse to accept any petroleum or petroleum products when having reasonable ground for believing that such petroleum or petro- leum products constitute contraband oil, shall be liable on account of such refusal for any penalties or damages. No common carrier shall be subject to any penalty under section 6 in any case where (1) such carrier has a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of section 5, certifying that the shipment in question is not contra- band oil, and such carrier had no reasonable ground for believing Review, by district c ourt, per mitted. Petition to be filed. Service of copy. Jurisdiction of court. Objections to order of board. Finding of facts by b oard. Finality of decree ; review. U. S. C.,pp.1259, 1 212. Nature of proceed- ings, Dis pos iti on of for- feited oil, No forfe iture if pos- sessing valid certif . • sate, Liability of common carriers.