816 
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. 
Sec. 11. The Secretary of the Treasury shall deliver to the Secretary of Agri- 
culture, 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 mean- 
ing of this act, or is otherwise dangerous to the health of the people of the 
United States, or is of a kind forbidden 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 such 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 con- 
signee, and in default of such payment shall constitute a lien against any 
future importation made by such owner or consignee. 
Sec. 12. That the term “ Territory ” 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 corporations, 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 employ- 
ment 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. 
Sec. 13. That this act shall be in force and effect fro^ and after the first 
day of January, nineteen hundred and seven. 
Approved, June 30, 1906. 
