Page:United States Statutes at Large Volume 52.djvu/1213

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PUBLIC LAWS-CH. 686 -JUNE 25, 1938 Native Indians or Eskimos, cooperative stores, etc. Proviso. Records and reports by exempted stores. 43 Stat. 745. 48U. S.C. §199. False statement in application for and alteration and expira- tion of licenses. 43 Stat. 747. 48U.S. C. §202. Penalties. Forfeiture of license. Second conviction. Third and succes- sive convictions. Cooperative stores. Proviso. Limitations. Disposal of moneys from fines. Failure of licensed guides to reportviola- tions. having procured a license as herein provided, but no license shall be required of native Indians or Eskimos, or of cooperative stores oper- ated exclusively by and for native Indians or Eskimos, or of stores operated by missions exclusively for native Indians or Eskimos: Provided,That the stores exempted from procuring licenses as herein provided shall, on or before thirty days after the expiration of each license year as specified in this Act, make a written statement to the Commission on a form prepared and furnished by it setting forth such material facts concerning the management and operation of such store as the Commission may by such form require and in addi- tion thereto shall keep the records, make the reports, incur the pen- alties, and in all other respects be subject to the requirements of subdivision F of section 11 to the same extent as licensed fur dealers, or of a hunter or trapper selling the skins of such animals which he has lawfully taken, or of a person not engaged or employed in the business of trading in such skins to purchase them for his own use but not for sale." "SUBDIVISION J. FALSE STATEMENT IN APPLICATION FOR AND ALTERA- TION AND EXPIRATION OF LICENSES.- That any false statement in an application for license as to citizenship, place of residence, or other material facts shall render null and void the license issued upon it. Any person who shall make any false statements in an application for a license shall be guilty of a violation of this Act and upon con- viction of any such violation shall be punished as provided in section 15 hereof. No person shall alter, change, loan, or transfer to another any license issued to him in pursuance of this Act, nor shall any person other than the one to whom it is issued use such license; and each of such licenses shall expire the 30th day of June next succeeding its issuance." SEC. 6 . That section 15 of said Act is amended to read as follows: "SEC. 15. PENALTIES.- That unless a different or other penalty or punishment is herein specifically prescribed, a person who violates any provision of this Act, or who fails to perform any duty imposed by this Act or any order or regulation adopted pursuant to this Act, is guilty of 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 thereunder 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 exclu- sively for native Indians or Eskimos, without a license as provided 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; that all moneys from fines shall be transmitted by the clerk of the court to the executive officer to be disposed of as are other receipts of the Commission. "That any licensed guide who shall fail or refuse to report promptly to the Commission any violation of this Act of which he may have [52 STAT.