15 U.S.C. § 715f — Forfeiture of contraband oil shipped in

Page 1184 TITLE 15—COMMERCE AND TRADE § 715e shall have been urged before the board. The find- ing of the board as to the facts, if supported by evidence, shall be conclusive. The judgment and decree of the court shall be final, subject to re- view as provided in sections 1254, 1291, and 1292 of title 28. (Feb. 22, 1935, ch. 18, § 5, 49 Stat. 31.) Editorial Notes CODIFICATION In subsec. (c), ‘‘sections 1254, 1291, and 1292 of title 28’’ substituted for ‘‘sections 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Proce- dure. § 715e. Penalties for violation of chapter Any person knowingly violating any provision of this chapter or any regulation prescribed thereunder shall upon conviction be punished by a fine of not to exceed $2,000 or by imprisonment for not to exceed six months, or by both such fine and imprisonment. (Feb. 22, 1935, ch. 18, § 6, 49 Stat. 32.) § 715f. Forfeiture of contraband oil shipped in violation of law; procedure (a) Seizure procedure; return of contraband oil Contraband oil shipped or transported in interstate commerce in violation of the provi- sions of this chapter shall be liable to be pro- ceeded against in any district court of the United States within the jurisdiction of which the same may be found, and seized for forfeiture to the United States by a process of libel for condemnation; but in any such case the court may in its discretion, and under such terms and conditions as it shall prescribe, order the return of such contraband oil to the owner thereof where undue hardship would result from such forfeiture. The proceedings in such cases shall conform as nearly as may be to proceedings in rem in admiralty, except that either party may demand a 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. Contraband oil forfeited to the United States as provided in this section shall be used or disposed of pursuant to such rules and regula- tions as the President shall prescribe. (b) Certificates of clearance No such forfeiture shall be made in the case of contraband oil owned by any person (other than a person shipping such contraband oil in viola- tion of the provisions of this chapter) who has with respect to such contraband oil a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of section 715d of this title, cer- tifying that the shipment in question is not con- traband oil, and such person had no reasonable ground for believing such certificate to be in- valid or to have been issued as a result of fraud or misrepresentation of fact. (Feb. 22, 1935, ch. 18, § 7, 49 Stat. 32.) § 715g. Refusal of carrier to accept shipment without certificate of clearance; certificate as justifying acceptance of shipment No common carrier who shall refuse to accept petroleum or petroleum products from any area in which certificates of clearance are required under authority of this chapter, by reason of the failure of the shipper to deliver such a certifi- cate to such carrier, or who shall refuse to ac- cept any petroleum or petroleum products when having reasonable ground for believing that such petroleum or petroleum products con- stitute contraband oil, shall be liable on account of such refusal for any penalties or damages. No common carrier shall be subject to any penalty under section 715e of this title in any case where (1) such carrier has a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of section 715d of this title, certifying that the shipment in question is not contraband oil, and such carrier had no reasonable ground for be- lieving such certificate to be invalid or to have been issued as a result of fraud or misrepresen- tation of fact, or (2) such carrier, as respects any shipment originating in any area where certifi- cates of clearance are not required under au- thority of this chapter, had no reasonable ground for believing such petroleum or petro- leum products to constitute contraband oil. (Feb. 22, 1935, ch. 18, § 8, 49 Stat. 32.) § 715h. Hearings and investigation by boards; ap- pointment of board and employees (a) Hearings Any board established under authority of sec- tion 715d of this title, and any agency designated under authority of section 715j of this title, may hold and conduct such hearings, investigations, and proceedings as may be necessary for the purposes of this chapter, and for such purposes those provisions of section 78u of this title relat- ing to the administering of oaths and affirma- tions, and to the attendance and testimony of witnesses and the production of evidence (in- cluding penalties), shall apply. (b) Appointments The members of any board established under authority of section 715d of this title shall be ap- pointed by the President, subject to chapter 51 and subchapter III of chapter 53 of title 5; and any such board may appoint, subject to chapter 51 and subchapter III of chapter 53 of title 5, such employees as may be necessary for the exe- cution of its functions under this chapter. (Feb. 22, 1935, ch. 18, § 9, 49 Stat. 33; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.) Editorial Notes CODIFICATION Provisions of subsec. (b) that authorized appoint- ments ‘‘without regard to the civil service laws’’ omit- ted as obsolete and superseded. Such appointments are now subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted