FEDERAL LAWS. 23 



poisonous or deleterious character, within the meaning of this Act, the same 

 shall he disposed of hy destruction or sale, as the said court may direct, and the 

 proceeds thereof, if sold, less the legal costs and charges, shall he paid into 

 the Treasury of the United States, but such goods shall not be sold in any 

 jurisdiction contrary to the provisions of this Act or the laws of that jurisdic- 

 tion : Provided, Jioircvcr, That upon the payment of the costs of such libel pro- 

 ceedings and the execution and delivery of a good and sufficient bond to the 

 effect that such articles shall not be sold or otherwise disposed of contrary to 

 the provisions of this Act, or the laws of any State, Territory, District, or 

 insular possession, the court may by order direct that such articles be delivered 

 to the owner thereof. The proceedings of such libel cases shall conform, as 

 near as may be, to the proceedings in admiralty, except that either party may 

 demand trial by jury of any issue of fact joined in any such case, and all such 

 proceedings shall be at the suit of and in the name of the United States. 



11. Examination of imported products. The Secretary of the Treasury 

 shall deliver to the Secretary of Agriculture, upon his request from time to 

 time, samples of foods and drugs which are being imported into the United 

 States or offered for import, giving notice thereof to the owner or consignee, 

 who may appear before the Secretary of Agriculture, and have the right to 

 introduce testimony, and if it appear from the examination of such samples 

 that any article of food or drug offered to be imported into the United States 

 is adulterated or misbranded within the meaning of this Act, or is otherwise 

 dangerous to the health of the people of the United States, or is of a kind for- 

 bidden entry into, or forbidden to be sold or restricted in sale in the country in 

 which it is made or from which it is exported, or is otherwise falsely labeled 

 in any respect, the said article shall be refused admission, and the Secretary 

 of the Treasury shall refuse delivery to the consignee and shall cause the 

 destruction of any goods refused delivery which shall not be exported by the 

 consignee within three months from the date of notice of such refusal under 

 slich regulations as the Secretary of the Treasury may prescribe : Provided, 

 That the Secretary of the Treasury may deliver to the consignee such goods 

 pending examination and decision in the matter on execution of a penal bond 

 for the amount of the full invoice value of such goods, together with the duty 

 thereon, and on refusal to return such goods for any cause to the custody of the 

 Secretary of the Treasury, when demanded, for the purpose of excluding them 

 from the country, or for any other purpose, said consignee shall forfeit the 

 full amount of the bond: And provided further, That all charges for storage, 

 cartage, and labor on goods which are refused admission or delivery shall be 

 paid by the owner or consignee, and in default of such payment shall constitute 

 a lien against any future importation made by such owner or consignee. 



12. The terms " territory " and " persons " defined. That the term " Terri- 

 tory " as used in this Act shall include the insular possessions of the United 

 States. The word " person " as used in this Act shall be construed to import 

 both the plural and the singular, as the case demands, and shall include cor- 

 porations, companies, societies and associations. When construing and enforcing 

 the provisions of this Act, the act, omission, or failure of any officer, agent, or 

 other person acting for or employed by any corporation, company, society, or 

 association, within the scope of his employment or office, shall in every case 

 be also deemed to be the act, omission, or failure of such corporation, company, 

 society, or association as well as that of the person. 



13. 4ct becomes effective. That this Act shall be in force and effect from' 

 and after the first day of January, nineteen hundred and seven. 



Approved, June 30, 1900. Public Document No. 384. 



