Page:United States Statutes at Large Volume 44 Part 2.djvu/366

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826 SIXTY-NINTH CONGRESS. Sass. I. Cn. 186. 1926.

  • _°¥‘??"°F"i’°' '“"*F‘· ‘ “(g>J,Any misbrandeda seed shall be liable to be proceeded against

i in t district court of the United States for any judicial district in whlchit is found, and to-be seized for confiscation by a process mn u ofulibel ifgr condengiation, ifsuch seed is being- mlm ‘• *¤°*P°" ‘ 1 ansporte ininterstate commerce; or ¤¤¤••¤¤¤¤¢¤•¤•- _ " 2 Held or sale or exchange after having been so transported. d§g§*:g}_°‘ °°“‘ “ c if such seed is condemned by the court as misbranded, it we shglli ·$kposed of in the discretion of the court-A

 °"“°‘ it t‘   B<i·dlii#§x¥y to the owner thereof upon the payment of the

le costs and charges, and the execution and delivery of a good and suiliciznt bond to tlgeheifect that such seeill will not be szldhor d1sposed` 0 in any juri `ction contrary to t e provisions o t 1S Act or the laws of such jurisdiction· or U.°“"°°°°°"'°"‘ sgdomdisposed fb l h oceed f h l ” “ such is` o saetepr so tesae all lem the legal costs and charges, shalybe phid in to the Treasury as miscellaneous recei ts. s L°"“ "'°°"“"“ “(e) in such libel cases shall conform, as nearly as may to suits in rem in admiralty, except that either pa1·ty may deman trial by jury on any issue of fact if the value contro- versy exceeds $20; and facts so tried shall not be reexamined other than in accordangeg wittg the rulgs ofhthe comngonl lap. mdiklg such roceedmgs` at esuit an int enameo t e ni tates. The Supreme Court of `the United States and, under its direction, other courts of the_U1i1t;d States are autlilolrized to rlniles re ating such rocee ` gs in any partic r not provi e y w. T"""°"""“°°' gui) As used ilii this section- “P°"°°‘” _ " 1) The term ‘ person’ means individual, partnership, corpora- H F » tic or association; ,,,,,{,‘§_¥?'“'“ °°““' _ $(2) The term ‘ interstate comm3·1ce£)means czméngercelbetweeg any State, Territory or possession or e istrict o um ia, an any other State, Tefritory or plossession, or the District of Columbia; or between points within t e same State, Territory, or (possemion, or the District of Columbia, but through any Blace outsi e thereof; or within any Territory or possession, or the istrict of Columbia; and U:,§d“**g*,;”,:f$.““” z"(3) The ‘ district court of the United States ’ includes any court exercising the powers of a district court of the Umted States. ¤1}‘b2,‘j'*“"“* "°‘ “(§) Isjor the purposes of this section, seed shall be held to be mis- °,§,_'“{°,*{‘“°'“°°‘ °° b “(1§d'll£-e-container thereof, or the invoice relating thereto, or any advertising thereto, bears or contains any statement, ` d ` or device that 18 false and fraudulent; or » “°°"“°‘ °°‘°"°· “l2) If such seed) is to be cglpjled, unéier thai provisions of section 5 an t e regu ations issue ereun er, an is not so , — colored· or r ` ,,L‘f*“°°“ °' °°°°'°' “(3) ’If such seed is colored in imitation of seed required to be colored under the provisions of section 5 and the regulations issued thereunder. _ _ _ _ _ ,.Q.;gR°°`}#°°' °° °° , "(h) The Secretaxii of Agricultéure is authorizedttlp prescribe sue}; tions as may necessary or carrying out i e provisions o thi section. "°°°"°‘°°‘ ‘® This section shall take eifect upon the date of the g£{'3°mq;';°., °°` of s amendatory Act; but no penalty or condemnation s all enforced for ang violation of this section occurring within thirty days after such ate. Approved, April 26, 1926.