Executive Communications

Contains nothing helpful.

As Introduced

As H.R. 13228 in the House and S. 3005 in the Senate:

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JURISDICTION; INJUNCTION

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SEC. 109. (a) The United States district courts and the 12 United States courts of the Commonwealth of Puerto Rico 13 and the territories and possessions shall have jurisdiction, for

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cause shown and subject to the provisions of rule 65 (a) and 15 (b) of the Federal Rules of Civil Procedure, to restrain 16 violations of this title upon petition by the appropriate United 17 States Attorney or the Attorney General on behalf of the 18 United States.

19 (b) In any proceeding for criminal contempt for viola20 tion of an order, injunction or restraining order issued under 21 this section, which violation also constitutes a violation of 22 this title, trial shall be by the court or, upon demand of the

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accused, by a jury. Such trial shall be conducted in accord

ance with the practice and procedure applicable in the case 1 of proceedings subject to the provisions of rule 42 (b) of the 15

2 Federal Rules of Criminal Procedure.

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(c) In all libel or injunction proceedings for the enforce

4 ment or to restrain violations of this title, subpenas for wit5 nesses who are required to attend a court of the United States

6 in any district may run into any other district in any such 7 proceeding.

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SEIZURE

9 SEC. 110. (a) Any motor vehicle or motor vehicle 10 equipment that has been manufactured or introduced into 11 commerce in violation of section 107 shall be liable to be 12 proceeded against by the United States while in interstate commerce, or while held for any sale after shipment in inter14 state commerce until the occurrence of the first purchase of 15 it in good faith for purposes other than resale, or libel of in16 formation and condemned in any district court of the United 17 States and in any United States court for the Commonwealth 18 of Puerto Rico or the territories and possessions.

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(b) Such motor vehicle or item of motor vehicle equip20 ment shall be liable to seizure by process pursuant to the

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21 libel, and the procedure in cases under this section shall con22 form, as nearly as may be, to the procedure in admiralty;

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except that on demand of either party any issue of fact joined 24 in any such case shall be tried by jury. When libels for 1 condemnation proceedings under this section, involving the 16 2 same claimant, are pending in two or more jurisdictions, such .

3 pending proceedings, upon application of the United States 4 or the claimant seasonably made to the court of one such 5 jurisdiction, shall be consolidated for trial by order of such 6 court, and tried in (1) any district selected by the applicant 7 where one of such proceedings is pending: or (2) a district 8 agreed upon by stipulation between the parties. If no order 9 for consolidation is so made within a reasonable time, the 10 United States or the claimant may apply to the court of one 11 such jurisdiction, and such court (after giving the other party, the claimant, or the United States attorney for such 13 district. reasonable notice and opportunity to be heard) shall 14 by order, unless good cause to the contrary is shown, specify

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a district of reasonable proximity to the claimant's principal 16 place of business, in which all such pending proceedings shall 17 be consolidated for trial and tried. Such order of consolida18 tion shall not apply so as to require the removal of any case 19 the date for trial of which has been fixed. The court granting 20 such order shall give prompt notification thereof to the other courts having jurisdiction of the case covered thereby.

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(e) Any motor vehicle or item of motor vehicle equip23 ment condemned under this section shall, after entry of the 24 decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this section, direct

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1 and the proceeds thereof, if sold, less the legal costs and 17 2 charges, shall be paid into the Treasury of the United 3 States, but such motor vehicle or item of motor vehicle 4 equipment shall not be sold under such decree contrary to 5 the provisions of this Act or the laws of the jurisdiction in 6 which sold: Provided, That, after entry of the decree and 7 upon the payment of the costs of such proceedings and the 8 execution of a good and sufficient bond conditioned that such 9 motor vehicle or item of motor vehicle equipment shall not 10 be sold or disposed of contrary to the provisions of this Act or the laws of any State or territory in which sold, the 12 court may by order direct that such motor vehicle or item

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13 of motor vehicle equipment be delivered to the owner thereof

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to be destroyed or brought into compliance with the provi15 sions of this Act under the supervision of an officer or 16 employee duly designated by the Secretary, and the expenses 17 of such supervision shall be paid by the person obtaining 18 release of the motor vehicle or item of motor vehicle equip19 ment under bond.

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(d) When a decree of condemnation is entered against 21 the motor vehicle or item of motor vehicle equipment, court 22 costs and fees, and storage and other proper expenses, shall 23 be awarded against the person, if any, intervening as claim

24 ant of the motor vehicle or item of motor vehicle equipment.

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(e) In the case of removal for trial of any case as 18

2 provided by subsection (b) of this section

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(1) the clerk of the court from which removal is made shall promptly transmit to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction;

(2) the court to which such case is removed shall have the powers and be subject to the duties, for purposes of such case, which the court from which removal was made would have had, or to which such court would have been subject, if such case had not been removed.