New Orleans Republican., 1868-08-25


officer in this beha the provision in this claus,
contaned the distiIer shail forfeit the sum Of on,
"a aohar and II shall be lawful for the Officer
the rS~S Oh H5 any g0stGG Of Il and
SEC ga And Be It further enacted. That it shah b,
lawful for auy revenue ocsr at ali times, ss well b
ghlas highh as ny day. TO enter into any dstillery OF
or in connection herewith for storage or other pur
poses ena 10 20 examine gauge, measure and take ar
Kind, and Of ali low Wines and Of the quantity Snd
etsvy OF all mash, wort beer and of all yeast
pentalon in any mash or beer and Of ali spirits and
ol AZ materials Tor making or dstiIling spirits
IN the possession OF the dister and if any revenue
otncer, or any person called by him to his aid shall
be hindered obstructed, prevented by any distii
Ter or by any workman, or other person acting foI
sncn olstier or in his employ, from entering into
SAID; or if such officer shall be BY he dister
OF & ms workman, or any person in his employ, pre-
or molested in the performance Of bis duty under
TINS act in any respect the distiler shall forfeit the
demanded admit,ance into distillery or premises
o. ustlllery and having declared his name and Of
premises. by the distiller or other person having
charge OF the same, it shall be lawful for such Of
hcer, at all timesas well by night as by day. to break
open by force any of the doors or windows, or 10
break through any of the walls of such distiery or
premises necessary to be broken open or through 10
enable him to enter the said dstiiery or premises
and the distler shall forfeit the of one thou.
SEC. 80. And be It further enacted, That on the
semand OF any revenue officer, every dister, recti-
ner or compounder OF spirits shall furnish strong
safe and congenient ladders of sufficient length to
enable me othcer to examine and guAge any vessel
or qtens' in such distery premises and shall at
~ times when required supply all assistance lights
auders toois staging, or other things necessary for
inspecting the premises, stock tools and apparatus
belonging to such person. and shall open all doors
ana open Tor examination all boxes, packages and
all casks barrels and other vessels not under the
control Of revenue officer in charge under a PEN
Atty OF hye hundrea dollars for every refusal neg
Sac "a. And he it further enacted. That it shall
be lawn for any revenue officer and any person act
ing IN his aid to break the ground on any part Of
tns dlstisry OF premises of distiller, recther
compounoef OF liquors, or any ground adjoining or
near TO such distery premises or any wall or par
ttion thereof, or belonging thereto or other place
20 search Tor any pipe cock, private conveyance or
ulensil and upon fn1ing any such pipe or convey.
ance leading therefrom or thereto he may break
up any ground house, walt or other place through
lead, and break cut away such pipe or other con-
yeyanee ana turn any cock, or examine whether
such pipe or other conveyance may convey or conceal
any mash, wort, or beer, other liquor which may
be used for dstillaton Of low wines or spirits from
the slght or view OF the officer so as to prevent or
hinder him from taking true account thereof
SEC IS. And be it further enacted, That no malt
corn, grain, or other material shall be mashed nor
any wash, wort, or beer brewed or made nor any still
used ny distiller at any time between the hour of
eleven In the afternoon Of any Saturday and the hour
OF one in the forenoon of the next succeeding Mon
day and any person who shall violate the provisions
thousand dollars
SEC. 36. And be it further enacted, That all dis.
TITLED spirits found elsewhere than in distillery or
from according to law, shall be fdffeited to the
Y H-ited states. And in case of the seizure of any
dstillery warehouse, other warehouse for distilled
spirits authorized by law in the store or place
dealer or OF a compounder of liquors, or in transit
from any one of ssid places and In case of the
the places aforesaid in transit therefroin which
shall not have been received into or sent out there.
of the entries required BY law 10 be MADE in the
books of the owner of such spirits or Of the store
have not been made at the time in the manner re.
CURED, or in respect to which the owuer or person
shall have omitted to do any act ured 10 be done
or shall have done or committed any act prohibited
in regard to said spirits the burden OF proof all be
upon the claimant of such spirits to show that no
fraud has been committed and that all the REQUIRE.
tax have been complied with And any person who
shall remove, or shall aid abet in the removal of
any distilled spirits on which the tax has not been
paid to place other than the distiiery warehouse
provided by law or who shall conceal or aid In the
remove or shall aid abet in the removal of any dis
titled spirits from any disillery warehouse or other
warehouse for distilled spirits Aut horized by law in
any manner other than is provided by law or Who
shall conceal aid in the concealmen Of any spir
its so removed, shall be liable to penat ty of double
the tax imposed on such distilled spirits so removed
or concealed, and shall conviction, be ined not
less than two hundred dollars nor more than five
thousand dollars, and imprisoned not less than three
months nor more than thrf years.
SEC. 81. And be IL further enacted That no person
sha remove any distilled spirits at any othar time
than after sunrlslng and before setting in any
chsA Ut package containing more than gallons.
may have been distilled, redistilled rectied com.
pounded manqiaetnred or stored and every person
penalty of one hundred dollars for each cask barre
together with any vessel containing the same and
any morse, cart, boat, other conveyance used 10
the removal thereof shall be forfeited 10 the United
States. II
SEC. 3s. And be it further enacted. That any per.
son who shall add or cause to be added any inPre.
tax imposed by law shall have been paid thereon. Tor
the purpose of creating fictitious proof shall on
conviction be fined not less than one hundred dol.
lars more than one thousand dollars for each
cask package so adulterated and imprisoned not
less than three months than two years ana
avery such eask or package with IFS contepts snail
be forfeited to the United States, = ~
SEC, S9. And be it further enacted, That any per.
son who shall evade or attempt to evAde the pay. |
ment of the tax any distilled spirits 10 any man
ner whategsr, shall forfeit and pay double the |
amount of the tax so evaded or attempted 10 be I
svaded; and any person who shall change or alter
package tontsinihs distilled SPIRIT. i 6r asN wS5
shall put into any cask or pacsage spirits /
mark thereon, or who snail fraudulently
ise cask OF package having any inspection mark
,prits Of quantity quality different from the
spirits previously inspected therein shall forfeit and
package on which the stamp or mark is SO Changed
,r altered or which Is fraudulenty used and on
conviction, shall be fined for each such ofense not
ess than one hundred dollars nor more than one
thousand dollars, and imprisoned not less than one |
SEC 40. And he it further enacted, That any per.
ION who ehall knowingly use any false weights or
measures in ascertainng, weighing or measuring
ne quantities of grain, meal or vegetable materials
noasses, beer, or other substances to be used for
ure, or tamper with any lock or seal which
M nay be PLACED on on any cisteTn room or
he revenue or shall open said lock or seal, or
he door to such cistern room building or shall in
ny manner gan access TO the contents therein in
he absence CT the proper officer shall on ccrrirttr
e fined not less than five hundred dollars nor more
han five Thousand dollars and imprisoned not less
h one year more than three d.,,,,
erson who shall use any molasses beer or othsr
pbstance, whether fermented on the premises or
an account for the same shall have been resis III
ered in the proper record book provided for thst
and dollars for each and every offsns, So commit.
SEC q. And be it further enacted That it shall be
tisd SPIRITS When saes 6er Rss fesso5 g sSstfin % AIN
p 10 or d ns UTsd as%s h1s mot
ition Of law; and every suchcask or package may be
etermined whetherthe property so detained IS liS.
le by law TO be prog eded for forfeiture but
ass longer than fortyeight hours, without process
law or Intervention of the officer to whom such de.
sEc a. And be It further enacted, That No distiI.
ry nor dstihing apparatus seized for any violation
law shall be released 70 the claimant or any inter
ening party before Judgment, except in case Of n
istillery for which the special tax has been paid
nd w,Sh nas producing capacity of one
moving by sufficient Aidavts that there are hogs or
ther live stock not less than ifty head 10 number
llery which would suffer injury If the business Of
ich dstllery L stopped sach dstilery in that csSe
ps ss Rs s9f q &c ass Sshs5
be given and approved in open court with two or
property seized. which valns SHAH be ascerfained
tssse SSpgessnt 20 be desigAatsd and
ld Judgment Of forfeiture Agsinst any distisrv 4 Z
ed or nj Tor r5e ~ the prodceton af distilled snir