Page:United States Statutes at Large Volume 68A.djvu/933

 CH. 76—JUDICIAL PROCEEDINGS

893

Subchapter E—Miscellaneous Provisions Sec. 7491. Burden of proof of exemptions in case of marihuana offenses. Sec. 7492. Enforceability of cotton futures contracts. Sec. 7493. Immunity of witnesses in cases relating to cotton futures. SEC. 7491. BURDEN OF PROOF OF EXEMPTIONS IN CASE OF MARIHUANA OFFENSES.

I t shall not be necessary to negative any exemptions set forth in part II of subchapter A of chapter 39, relating to marihuana, in any complaint, information, indictment, or other writ or proceeding laid or brought with respect to part II of subchapter A of chapter 39 and the burden of proof of any such exemption shall be upon the defendant. In the absence of the production of evidence by the defendant that he has complied with the provisions of section 4753 relating to registration, or that he has complied with the provisions of section 4742 relating to order forms, he shall be presumed not to have complied with such provisions of such section, as the case may be. SEC. 7492. ENFORCEABILITY OF COTTON FUTURES CONTRACTS.

No contract of sale of cotton for future delivery mentioned in section 4851(a), which does not conform to the requirements of section 4853 and has not the necessary stamps affixed thereto as required by section 4871, shall be enforceable in any court of the United States by, or on behalf of, any party to such contract or his privies. SEC. 7493. IMMUNITY OF WITNESSES IN CASES RELATING TO COTTON FUTURES.

No person whose evidence is deemed material by the officer prosecuting on behalf of the United States in any case brought under any provision of subchapter D of chapter 39 (relating to cotton futures) shall withhold his testimony because of complicity by him in any violation of subchapter D of chapter 39, or of any regulation made pursuant to such chapter, but any such person called by such officer who testifies in such case shall be exempt from prosecution for any offense to which his testimony relates.

§7493

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