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tion within such time as the court may determine, on notice to the Secretary.

At any time after such transcript is filed the court, on application of the Secretary, may issue a temporary injunction restraining, to the extent it deems proper, the person and his officers, directors, agents, and employees from violating any of the provisions of the order pending the final determination of the appeal.

The evidence so taken or admitted, duly certified and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the circuit court of appeals shall be made a preferred cause and shall be expedited in every way.

The court may affirm, modify, or set aside the order of the Secretary.

If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence.

If the circuit court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the person and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified. (Aug. 9, 1939, ch. 615, title IV, § 410, 53 Stat. 1287.)

EFFECTIVE DATE See section 1610 of this title.

§ 1601. Enforcement of order. If any person against whom an order is issued under section 1599 of this title fails to obey the order, the Secretary of Agriculture, or the United States, by its Attorney General, may apply to the circuit court of appeals of the United States, within the circuit where the person against whom the order was issued resides or has his principal place of business, for the enforcement of the order, and shall certify and file with its application a full and accurate transcript of the record in such proceedings, including the complaint, the evidence, the report, and the order. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon the person against whom the order was issued. The evidence to be considered, the procedure to be followed, and the jurisdiction of the court shall be the same as provided in section 1600 of this title for applications to set aside or modify orders.

The proceedings in such cases shall be made a preferred cause and shall be expedited in every way. (Aug. 9, 1939, ch. 615, title IV, § 411, 53 Stat. 1288.)

EFFECTIVE DATE See section 1610 of this title.

8 1602. Separability of proceedings. The institution of any one of the proceedings provided for in sections 1595, 1599, 1600, and 1601 of this title, or criminal prosecution under section 1596 of this title shall not bar institution of any of the others. However, nothing in this chapter shall be construed as requiring the Secretary of Agriculture to recommend prosecution or institution of libel proceedings, cease-and-desist proceedings or proceedings for the enforcement of a cease-and-desist order, for minor violations of this chapter whenever he believes that the public interest will be adequatley served by suitable written notice or warning. (Aug. 9, 1939, ch. 615, title IV, $ 412, 53 Stat. 1288.)

EFFECTIVE DATE See section 1610 of this title.

§ 1603. Power to examine; witness fees and mileage.-- (a) In carrying on the work herein authorized, the Secretary of Agriculture, or any officer or employee designated by him for such purpose, shall have power to hold hearings, administer oaths, sign and issue subpenas, examine witnesses, take depositions, and require the production of books, records, accounts, memoranda, and papers, and have access to office and warehouse premises. Upon refusal by any person to appear, testify, or produce pertinent books, records, accounts, memoranda, and papers in response to a subpena, or to permit access to premises, the proper United States district court shall have power to compel obedience thereto.

(b) Witnesses summoned before the Secretary or any officer or employee designated by him shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like service in the courts of the United States. (Aug. 9, 1939, ch. 615, title IV, § 413, 53 Stat. 1289.)

EFFECTIVE DATE See section 1610 of this title.

§ 1604. Publication.—After judgment by the court, or the issuance of a cease-and-desist order, in any case arising under this chapter, notice thereof shall be given by publication in such manner as may be prescribed in the rules and regulations made and promulgated under this chapter. (Aug. 9, 1939, ch. 615, title IV, § 414, 53 Stat. 1289.)

EFFECTIVE DATE See section 1610 of this title.

$ 1605. Authorization for appropriations.-(a) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for administering this chapter.

(b) Funds appropriated for carrying into effect the purpose of this chapter shall be available for allotment by the Secretary of Agriculture to the bureaus and offices of the Department of Agriculture and for transfer to other departments and agencies of the Government which the Secretary of Agriculture may call upon to assist or cooperate in carrying out such purposes or for services rendered or to be rendered in connection therewith.

Appropriations made under this authorization, within the limit prescribed in such appropriations, may be expended for the share of the United States in the expense of the International Seed Testing Congress in carrying out plans for correlating the work of the various adhering governments on problems relating to seed analyses or other subjects which the Congress may determine to be necessary in the interest of international seed trade. (Aug. 9, 1939, ch. 615, title IV, § 415, 53 Stat. 1289; Sept. 21, 1944, ch. 412, title VII, § 701 (b), 58 Stat. 741.)

AMENDMENTS 1944-Act Sept. 21, 1944, cited to text, amended section by adding last par. This paragraph probably should be numbered subsection (c).

CODIFICATION This section was amended by the Department of Agriculture Organic Act of 1944.

§ 1606. Authorization for expenditures.—The Secretary of Agriculture is authorized to make such expenditures for rent, outside of the District of Columbia, printing, binding, telegrams, telephones, books of reference, publications, furniture, stationery, office and laboratory equipment, travel, and other supplies, including reporting services, such research necessary to develop methods of processing, bulking, blending, sampling, testing, and merchandising seeds necessary to the administration of this

chapter and other necessary expenses in the District of Columbia and elsewhere, and as may be appropriated for by the Congress. (Aug. 9, 1939, ch. 615, title IV, § 416, 53 Stat. 1289.)

EFFECTIVE DATE See section 1610 of this title.

§ 1607. Cooperation with other agencies.—The Secretary of Agriculture is authorized to cooperate with any other department or agency of the Federal Government; or with any State, Territory, District, or possession, or department, agency, or political subdivision thereof; or with any producing, trading, or consuming organization, whether operating in one or more jurisdictions, in carrying out the provisions of this chapter. (Aug. 9, 1939, ch. 615. title IV, § 417, 53 Stat. 1289.)

EFFECTIVE DATE See section 1610 of this title.

f 1608. Separability of provisions.-If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provisions to other persons or circumstances, shall not be affected thereby. (Aug. 9, 1939, ch. 615, title IV, § 418, 53 Stat. 1290.)

EFFECTIVE DATE See section 1610 of this title.

8 1609. Repeals.-Sections 111-116 of this title are hereby repealed on the one hundred and eightieth day after the passage of this chapter: Provided, however, That the notices with respect to imported alfalfa and red clover seed promulgated by the Secretary of Agriculture under the authority of sections 111-116 of this title, and now in effect, shall remain with the same full force and effect as if promulgated under this chapter. (Aug. 9, 1939, ch. 615, title IV, § 419, 53 Stat. 1290.)

EFFECTIVE DATE See section 1610 of this title.

§ 1610. Effective date.—This chapter shall take effect as follows: As to agricultural seeds, and the importation of vegetable seeds, on the one hundred and eightieth day after its enactment; as to vegetable seeds in interstate commerce, one year after its enactment; and as to sections 1591, 1592, and 1593 of this title, on the date of its enactment. (Aug. 9, 1939, ch. 615, title IV, $ 420, 53 Stat. 1290.)

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QUARTERMASTER CORPS § 73. Transportation for National Museum and Government departments.—The Quartermaster General and his officers, under his instructions, wherever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of Army supplies, the amount paid for such transportation to be refunded or paid by the bureau to which such property or stores pertain. (July 5, 1884, ch. 217, 23 Stat. 111.)

RESERVE FORCES § 371. Government employees as Reserve officers; leaves of absence when ordered to duty.-All officers and employees of the United States or of the District of Columbia who shall be members of the Officers' Reserve Corps shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be ordered to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year: Provided further, That members of the Officers' Reserve Corps who are in the employ of the United States Government or of the District of Columbia and who are ordered to duty by proper authority shall, when relieved from duty, be restored to the positions held by them when ordered to duty. (May 12, 1917, ch. 12, 40 Stat, 72.)

§ 372. Reserve officers as Government officers or employees.Members of the Officers' Reserve Corps, while not on active duty, shall not, by reason solely of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay or allowances received as such, be held or deemed to be officers or employees of the United States, or persons holding any office of trust or profit or discharging any official function under or in connection with any department of the Government of the United States. (June 3, 1916, ch. 134, § 37, as added July 1, 1930, ch. 784, 45 Stat. 841, and amended June 15, 1933, ch. 87, 8 3, 48 Stat. 154.)

COMMISSIONED OFFICERS

$ 576. Accepting or holding civil office.—No officer of the Army on the active list shall hold any civil office, whether by election or appointment, and every such officer who accepts or exercises the functions of a civil office shall thereby cease to be an officer of the Army, and his commission shall be thereby vacated.

(R. S. $ 1222.)

DERIVATION Act July 15, 1870, ch. 294, $ 18, 16 Stat. 319.

SUPPLIES, STORES AND SERVICES § 1253. Price charged for subsistence supplies.—When under the Army Regulations subsistence supplies are furnished to another bureau of the War Department, or to another executive department of the Government or employees thereof, payment therefor shall be made in cash by the proper disbursing officer of the bureau, office, or department concerned, or by the employee to whom the sale is made. When the transaction is between two bureaus of the War Department the price to be charged shall be the contract or invoice price of the supplies. When the transaction is between the Quartermaster Corps and another executive department of the Government or employees thereof, the price to be charged shall include the contract or invoice price and 10 per centum additional to cover wastage in transit and the cost of transportation. (Mar. 3, 1911, ch. 209, 36 Stat. 1047; Aug. 24, 1912, ch. 391, § 3, 37 Stat. 591.)

§ 1263. Real property required for Army storage.-The President is hereby authorized, through the head of any executive department, upon terms and conditions considered advisable by him or such head of department, to sell or lease real property or any interest therein or appurtenant thereto acquired by the United States of America since April 6, 1917, for storage purposes for the use of the Army, which in the judgment of the President or the head of such department is no longer needed for use by the United States of America, and to execute and deliver in the name of the United States and in its behalf any and all contracts, conveyances, or other instruments necessary to effectuate any such sale or lease. (July 11, 1919, ch. 8, subch. II, 41 Stat. 129.)

8 1264. Disposal of proceeds of sale or lease under section 1263. -All moneys received by the United States as the proceeds of any sale or lease under section 1263 of this title shall be deposited in the Treasury of the United States to the credit of "Miscellaneous receipts" and a full report of the same shall be submitted annually to Congress. (July 11, 1919, ch. 8, subch. II, 41 Stat. 130.)

§ 1267. Transfer of motor vehicles to branches of Government service; payment for from appropriations.—The Secretary of War is authorized to transfer any unused and surplus motor-propelled

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