Page:United States Statutes at Large Volume 53 Part 1.djvu/686

 APPENDIX TITLE 40-PUBLIC BUILDINGS, PROPERTY, AND WORKS LIQUOR LAW REPEAL AND ENFORCEMENT ACT (Act Aug. 27, 1935, c. 830, 49 Stat. 879, etc.) (Parts not codified in either titles 26 or 27, U. S. Code.) TITLE III SECwnoN 301. As used in this title- (1) "Property" means all personal property, including but not limited to vessels, vehicles, and aircraft; (2) "Agency" includes any executive department, independent establishment, board, commission, bureau, service, or division of the United States, and any corporation in which the United States owns all or a majority of the stock. (3) "Director" means the Director of the Procurement Division of the Treasury Department of the United States. (U. S . C., Title 40, § 304 (f).) SEC. 302. In the event that any property is or has been voluntarily abandoned to any agency in such manner as to vest title thereto in the United States, it may be retained by such agency and devoted to official use only. If such agency shall not desire so to retain such property, the head thereof shall forthwith notify the Director to that effect, and the Director shall, within a reasonable time- (a) order such agency to deliver the property to any other agency which requests and in his judgment should be given the property, or (b) order disposal of the property as otherwise provided by law. (U. S . C., Title 40, § 304 (g).) SEC. 303. In the event that any property seized by any agency is or has been forfeited to the United States otherwise than by court decree, it may, in the event that the property is not ordered by competent authority to be returned to any claimant, and in lieu of being disposed of as otherwise provided by law (including advertisement for sale, and sale), be retained by such agency and devoted to official use only. If such agency shall not desire so to retain such property, the head thereof shall forthwith notify the Director to that effect, and such property shall- (a) in the event that it is not ordered by competent authority to be re- turned to any claimant, and in lieu of being disposed of as otherwise provided by law (including advertisement for sale, and sale), be delivered by such agency, upon order of the Director given within a reasonable time, to any other agency which requests and in the judgment of the Director should be given the property, or (b) upon order of the Director given within a reasonable time, be disposed of as otherwise provided by law. (U. S . C., Title 40, § 804 (h).) Sec. 304. In the event that proceedings are or have been commenced for the forfeiture of any property by court decree, the agency which seized such prop- erty shall forthwith notify the Director and may at the same time file with him a request for such property for its official use. The Director shall, before entry of a decree, apply to the court to order delivery of such property- (a) to the agency filing such request; 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 reason- able 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 prop- erty is not ordered by competent authority to be returned to any claimant, order delivered accordingly. All the property for which no such application is made shall be disposed of by the court in accordance with law. (U. S. C., Title 40, § 304 (i).) Suc. 305. The appropriation available to any agency for the purchase, hire, operation, maintenance, and repair of property of any kind shall be available for the payment of expenses of operation, maintenance, and repair of property of the same kind received by 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 payment of all moneys found to be due any person upon the duly authorised CLXXXI

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