The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-07-30

the time or IN the manner required.
or IN respect to which the owner or
person having possession, control, or
charge of said spirits shall have
omitted to do any act required to be
done, or shall have done or commit
ted any act prohibited in regard to
said spirits, the burden of proof shall
be upon the claimant of said spirits
to show that no fraud has
been committed, and that all the re-
quirements of the law in relation to
the payment of the tax have been
complied with. And any person
bWhoshall remove, or shall aid or abet
in the removal of any distilled spirits
on which the tax has mot been paid,
to a place other than the distillery
warehouse provided by Law, or who
shall conceal or aid in the conceal.
ment of any spirits SO removed, OF
who shall remove or shall aid or abet
in the removal of any distilled spirits
from any distillery warehouse, OF
other warehouse for distilled spirits
authorized by law, in any manner
other than is provided by law, or who
shall conceal, or aid in the conceal
ment of any spirits so removed shall
be liable to a penalty of double the
tax imposed on such distilled
spirits So removed or concealed,
and shah, on 4 conviction, be
fined not less than two hun
bred dollars nor more than five thou,
sand dollars, and imprisoned not less
than three months nor more thar
three years. & rge
SEC. 81. And be it further enacted
That no person shall remove any dis.
titled spirits at any other time thar
after suh-rising and before sunset,
ting, in any cask or package contain.
ing more than ten gallons from any
premises or building Ia which The
same may have been distilled, reds.
titled, rectiied, compounded, manu-,
featured. or stored. and every person
who shall violate this provision shall
be liable to a penalty of one hundred
dollars for each cask, barrel, or pack.
age of spirits so removed; and SAID
spirits, together with any vesse'
containing the same, and am
horse, cart, boat, or other con
Veyance used in the removal thereof
shall be forfeited TO the United
States!
SEC.!38. And be itgfurther enacted
That any person who shall add or
cause to be added any ingredient OF
substance to any distilled spirits, be-
for the tax imposed by law shall have
been paid thereon, for the purpose oil
creating a fictitious proof, shall. on
conviction, be fined not less than one
hundred dollars nor more than one
| kL1.-z-J 1Zllarz g. 1oaLH 1.-L -,
package SO adulterated, and impris-
oned not less than three months nor
more than two years, aud every such
eask or package, with its contents
shall be forfeited to the United
States. l
SEC. 80. And be it further enacted
That any person who shall eyade OF
attempt to eyade the payment of tho
tax on any distilled spirits, in any
manner whatever, shall forfeit anC
pay double the amount Of the tax Sc
eVaded or attempted TO be eVaded
and any person who shall change O.
alter any stamp, mark or brand or
any cask or package continuing dis,
titled spirits, or who shall put into
any cask or package spirits OF greater
strength than is indicated by the in.
spection mark thereon, or who shall
fraudulently use any cask or package
having any inspections mark or STAMP
thereon for the purpose of selling
other spirits or spirits of quantity OIL
quality different from the spirits pre-
v~iously inspected therein, shall forfeit
lars for every oask or package on which
the stamp or mark is so changed OF
altered or which is so fraudulentll
used, and, on conviction, shall be
fined for each such offence not less
than one hundred dollars nor more
than one thousand dollars, and i'm.
prisoned not less than one mouth nor
more than one year,
SEC. 40. And be it further enacted,
That any person who shall knowingly
use any false weights or measures In
a~scertaining, weighing or measuring
the quantities of grain, meal, or veg
etable materials, molasses, beer, or
| other substances to be used for dis
tillation, or who shall destroy, break,
iniure, or tamper with any lock or
seal which may be placed on any els
tern-room or building, by the duly
authorized officers of the revenue,
or shall open said lock or seal. or
the door to such cistern-room or
bulldog, or shall in any manner gain
access to the contents therein in the
absence of the proper officer, shall, on
| conviction, be fined not less than i've
hundred dollars nor more than i've
thousand dollars, and imprisoned not
less than one year nor more than
three years; and any person who shall
use any mplassea, beer, OF. other sub
stance, whether fermented on the
premises or elsewhere, for the pur-
| pose of producing spirits, before an
account for the same shall have been
registered in the proper record book
provided for that purpose, shall for
felt the sum of one thousand dollars
for each and every offence so com
mitted.
SEC. Al. And be it further enacted,
That it shall be lawful for any inter
nal revenue officer to detain any cask
or package containing, or supposed to
contain distilled spirits, when such
officer has reason to believe the tax
Imposed by law upon the same has
not been paid, or thatthe same is be-
ing removed in violation of law; and
every such cask or package may be
held by such officer at a safe place
until it shall be determined whether
the property so detained is liable by
law to be proceeded against for for
| FIXTURE; but such summary detention
shall not continue in any case longer
than f~orty-eight hours, without pro-
cess of law or intervention of the Off
Ger to whom such detention is to be
reported.
SEC, 40. And be It further enacted,
That no distiIlery nor distilling APP.
paratus seized for a violation of
law shall be released to the claimant
or any intervening party before judg-
ment, except in case Of a distillery