446  Pure  Food  Bill.  {K^^S; 
of  this  Act  when  he  can  establish  a  guaranty  signed  by  the  whole- 
saler, jobber,  manufacturer,  or  other  party  residing  in  the  United 
States,  from  whom  he  purchases  such  articles,  to  the  effect  that  the 
same  is  not  adulterated  or  misbranded  within  the  meaning  of  this 
Act,  designating  it.  Said  guaranty,  to  afford  protection,  shall  con- 
tain the  name  and  address  of  the  party  or  parties  making  the  sale 
of  such  articles  to  such  dealer,  and  in  such  case  said  party  or  parties 
shall  be  amenable  to  the  prosecutions,  fines,  and  other  penalties 
which  would  attach,  in  due  course,  to  the  dealer  under  the  provisions 
of  this  Act. 
Sec.  io.  That  any  article  of  food,  drug,  or  liquor  that  is  adul- 
terated or  misbranded  within  the  meaning  of  this  Act,  and  is  being 
transported  from  one  State,  Territory,  District,  or  insular  possession 
to  another  for  sale,  or,  having  been  transported,  remains  unloaded, 
unsold,  or  in  original  unbroken  packages,  or  if  it  be  sold  or  offered 
for  sale  in  the  District  of  Columbia  or  the  Territories,  or  insular 
possessions  of  the  United  States,  or  if  it  be  imported  from  a  foreign 
country  for  sale,  or  if  it  is  intended  for  export  to  a  foreign  country, 
shall  be  liable  to  be  proceeded  against  in  any  district  court  of  the 
United  States  within  the  district  where  the  same  is  found,  and  seized 
for  confiscation  by  a  process  of  libel  for  condemnation.  And  if  such 
article  is  condemned  as  being  adulterated  or  misbranded,  or  of  a 
poisonous  or  deleterious  character,  within  the  meaning  of  this  Act, 
the  same  shall  be  disposed  of  by  destruction  or  sale,  as  the  said 
court  may  direct,  and  the  proceeds  thereof,  if  sold,  less  the  legal 
costs  and  charges,  shall  be  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  of  the  laws  of  that  jurisdiction: 
Provided,  however,  That  upon  the  payment  of  the  costs  of  such  libel 
proceedings  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. 
