§ 715f. — Forfeiture of contraband oil shipped in violation of law; procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC715f]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15A--INTERSTATE TRANSPORTATION OF PETROLEUM PRODUCTS
Sec. 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 provisions of this chapter shall be liable to be
proceeded 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
regulations 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
violation 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, certifying that the shipment in question
is not contraband oil, and such person had no reasonable ground for
believing such certificate to be invalid or to have been issued as a
result of fraud or misrepresentation of fact.
(Feb. 22, 1935, ch. 18, Sec. 7, 49 Stat. 32.)
