16191. Adulteration of canned cherries.     U. S. v. 700 Cases, et al., of Cher 
ries. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. Nos. 22888, 22889. I. S. No. 01901. 
S. No. 954.)
On July 16, 1928, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district libels praying seizure and 
condemnation of 727 cases of canned cherries, remaining in the original un- 
broken packages at Chicago, Ill., alleging that the article had been shipped by 
:F. B. Huxley & Son, from Ontario, N. Y., July 20, 1927, and transported from 
the State of New York into the State of Illinois, and charging adulteration in 
violation of the food and drugs act. The article was labeled in part: " Huxson 
Brand Pitted Red Sour Cherries * * * Packed by F. B.- Huxley & Son, 
Ontario, N. Y."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a filthy, decomposed, and putrid vegetable substance.
On February 5, 1929, F. B. Huxley & Son, Ontario, N. Y., claimants, having 
admitted the allegations of the libels and having consented to the entry of a 
decree, the libels were consolidated into one cause of action. Judgment of 
-condemnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the said claimant upon payment of costs and the 
execution of a bond in the sum of $1,000, conditioned in part that it be 
reconditioned under the supervision of this department, so as to remove the 
unfit portion.
R. W. DUNLAP, Acting Secretary of Agriculture.