Page:United States Statutes at Large Volume 49 Part 1.djvu/925

 880 74TH CON GRE SS. SESS. I. CH. 74 0. AUGUST 27, 1935 . Notification wh en SEC. 304. In the event that proceedings are or have been com- pro pe rty seized ; re- quest for use. menced for the forfeiture of any property by court decree, the agency which seized such property shall forthwith notify the Director and may at the same time file with him a request for such Application for prop- property for its official use. The Director shall, before entry of a to co. decree, apply to the court to order delivery of such property- (a) to the agenc y filin g such reque st ; or (b) if no such request has been filed, to any other agency which requests and in the judgment of the Director should be given such property ; or (c) if the agency which seized such property has not requested it, and no other agency has requested and in the judgment of the Director should be given such property, and if in the judgment of the Director the property may later become necessary to any agency for official use, to the seizing agency to be retained in its custody. Thereafter, the Director shall, within a reasonable time, order such agency to deliver the property to any other agency which requests and in his judgment should be given such property, or to dispose of it as otherwise provided by law, and if forfeiture thereof is decreed, the court shall, in the event that the property is not ordered by competent authority to be returned to any claimant, order delivery accordingly. All the property for which no such application is made shall be disposed of by the court in accordance w ith law. Appropriations avail- able far maintenance of SEC. 305. The appropriation available to any agency for the pur- seized property. chase, hire, operation, maintenance, and repair of property of any post, p » 1833. kind shall be available for the payment of expenses of operation, maintenance, an d repair of property of the same kind rec eived by other expenses, it under any provision of this title for official use ; for the payment of any lien recognized and allowed pursuant to law, and for the pay- ment of all moneys found to be due any person upon the duly author- ized remission or mitigation of any forfeiture ; and for reimburse- ment of other agencies as hereafter provided. The costs of hauling, transporting, t owing, and storage of such property shall be paid by the agency which has seized such property or to which it has been abandoned ; and, if such property is later delivered to another agency for official use under sections 302, 303, or 304 of this title, the latter shall make r eimbur sement for al l such costs incurr ed prio r to the date of delivery to it of such property. Retention or delivery SEC. 306. Retention or delivery of forfeited or abandoned prop- con sid ere d sale ; in- former's fees, etc. erty under this title shall be regarded as the sale thereof for the purpose of laws providing for informer's fees or remission or miti- gation of any forfeiture. Any property so acquired when no longer needed for official use shall be disposed of in the same manner as other surplus property. for to requiref reports SEC. 307. The Director is authorized, with the approval of the property. abandoned Secretary of the Treasury, (1) to require any agency, from time to time, to make a report of all property abandoned to it or seized and Rules and regula. the disposal thereof, and (2) to make such rules and regulations as tions. may be necessary to carry out the provisions of this title. Vol. 43,1 . 1116 ; Vol. SEC. 308. (a) The Act entitled "An Act relating to the use or 46,p.430;U.S.C.,p. 823. disposal of vessels or vehicles forfeited to the United States for violation of the customs laws or the National Prohibition Act, and for other purposes " (43 Stat. 1116), approved March 3, 1925, as amended, is hereby repealed. Inconsistent laws. (b) Nothi ng cont ained in thi s title shall be con strued as rep ealing any other laws relating to the disposition of forfeited or abandoned pro perty, except such pr ovisions of such law s as are directly in conflict with any provisions of this title.