Page:United States Statutes at Large Volume 57 Part 1.djvu/324

 57 STAT.] 78TH CONG., 1ST SESS.-CH. 183-JULY 1, 1943 thereof, or any nest or egg of such bird, or in which any sled, boat, aircraft, wagon, or other vehicle has been seized because used in the transportation of any wild animal, game fish, wild bird, or part thereof, or any nest or egg of such bird, illegally bought, sold, or possessed contrary to the provisions of this Act, to institute an action in rem against it for the forfeiture thereof to the United States in any case in which the disposition of such article is not involved in a criminal prosecution. In case of judgment being rendered in favor of the United States, the wild birds, game fishes, wild animals, or other articles forfeited shall be disposed of as directed by the court having jurisdiction, and if sold, the proceeds of sale shall be trans- mitted by the clerk of the court to the executive officer to be disposed of as provided in subdivision K of section 10 of this Act: Provided, That no action in rem shall be required with respect to any wild animal, game fish, wild bird, or part thereof, or any nest or egg of such bird, or any gun, net, fishing tackle, trap, or other device pos- sessed or used in or in aid of a violation of this Act and legally seized when the claimant thereof releases such article or articles to the United States by a voluntary release in writing witnessed by two disinterested parties, in which case such articles shall be disposed of by the executive officer and if sold the proceeds shall be disposed of as provided in this section. "SEC. 14 . CONTINUANCE OF FUNDS.-That the unexpended balances of any sums appropriated by the Interior Department Appropriation Act for the fiscal year ending June 30, 1943, for enforcing the provi- sions of the Act of January 13, 1925, as amended, for the protection of game animals, fur animals, and birds in the Territory, are hereby made available for the purpose of carrying into effect the provisions of this Act and regulations made pursuant hereto, and all contractual obligations heretofore incurred under the provisions of the Act of January 13, 1925, as amended, shall remain in full force and effect. "SEC. 15. PENALTIES. -That unless a different or other penalty or punishment is hereby specifically prescribed, a person who violates any provision of this Act or of any order or regulation adopted pur- suant to this Act, or who fails to perform any duty imposed by this Act or by any order or regulation adopted pursuant to this Act, is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $500, or be imprisoned not more than six months, or both; and, in addition thereto, any person convicted of a violation of any provision of this Act who is the holder of any form of license issued hereunder shall thereupon forfeit said license and shall surrender it upon demand of any person authorized by the Commission to receive it, and upon a second conviction he shall not be entitled to, nor shall he be granted a license of such form for a period of one year from date of such forfeiture, and upon a third or successive conviction, for a period of five years from the date of such forfeiture; and any cooperative store operated exclusively by and for native Indians or Eskimos, or any store operated by missions exclusively for native Indians or Eskimos, without a license as pro- vided in this Act, upon a second or third conviction for violation of this Act, shall not be entitled to engage in the business of dealing in furs for such time as the court before whom such conviction is had may decide: Provided, That such prohibition shall not be imposed for the first conviction, nor for a period in excess of one year from date of the second conviction, nor for a period in excess of five years from date of the third or any subsequent conviction; and all moneys from fines shall be transmitted by the clerk of the court to the execu- tive officer to be disposed of as provided in subdivision K of section 10 of this Act. 311 Disposal of forfeited articles after judg- ment. Ante, p. 309. Voluntary release. 56 Stat. 556 . 43 Stat. 739. 48 U.S. C. C. 192 211. Forfeiture of lI. cense. Second, third, or successive convictions. Limitations. Disposition of fnes. Ante, p. 30.

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