Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-08-15


removed therefrom according TO law, shall BE-
forfeited 10 the United States. And IN case OF
the seizure OF suy distilled spirits found else
where than IN 4 distillery, distillery ware
house, or 9th warehouse for distilled spirits
authorized by law, or IN the store or place OF
business of a TeCtlEer, or of a wholesale liquor
dealer, or OF compeunder OF liquors or al
transit from any one 81 the said PLACES and IN
case Of the seizure OF auy distilled spirits found
IN any one Of The places aforesaid, or IN transit
to.feirvm. which shall pot have been received
into or sent out therelTom IN conformity 20
law, or in regard - which any Of the entries
required by law 20 b. inside i'm the books OF tue
owner 81 such spirits OF Of the storekeeper,
wholesale dealer. Tectiier, OK com pou ndsT. have
not b. EN- made AZ the time or in the manner re-
quired, or In respect TO which the owner or
person having possession, control or ch arge OF
said spirits shall have omitted 10 do any act
required TO be done. or shall have done or COM
mit'ed any act prohibited iG regard 70 aud
spirits, the burden OF proof shall be upon he
claimant OF said spirits 10 shbw that no fraud
has been committed, ana that all the REQUIRE
ment> Of the law in relation TO the payment o
the tax have been complied with. Aud any
person who shall remove, or shall aid or ab-t
IL the removal C.any distilled spirits On which
the tax has not been paid, 70 place other than
the disiillery warehouse provided by law. or
who shall conceal or aId IN the conc aln-nt OF
any spirits so removed, OF who shall remoNe or
shall aid or abct in the removal Of any di~uited
spirits from any distillery warehouse or other
warehouse for distilled spirits authorized by
law, III any manner other than A. provided BY
law, who shall conceal, or sid in the con-
cealmcnt OF any spirits 80 removed, shall he H.
able 10 a penalty Of double the tav imposed on
such distilled spirits so removed or concealed.
and shall. on conviction, be tned not less than
two hundred dollars nor more than five thsus-
and dollars, and imprisoned not less than three
months nor more than TIRES years.
SIC. y. And D. a. further ~HGcfe4, That no
person shall remove any dIsulled spIuts NJ
day other time than after sun-rIsing aud before
sun-settng, in any cask or package containing
more than ten gallons from any premises or
building IN which the same may have been
distilled, redIstilled, reculisd, compounded,
manufactured, OF stored, ana cry person who
shall violate this provision shall be liable 10 a
penalty OF one hundred dollars for each cask,
barrel, or package Of spirits 50 removed: and
said spirits, together with any vessel contain
ing the same, and any horse, cart boat or con-
veyance used IN the removal thereof, shall be
forfeited TO the United States.
SIC. IS AMI be IL further enacted, Thst any
person who shall add or cause 10 be added Al
Ingredient or substance 10 any distilled spirits,
before the tax imposed by law shall have been
paid thereon, for the purpose OF creating ficti-
uous proof. shall, on conviction. b. fined not
less than one hundred dollars nor more than
one thousand dollars for each cask or package
so adulterated, ard imprisoned not less than
three months Tor more than two years and
every such cask or package, with It's contents,
shall be forfeited 10 the United States.
SIC. 81. ana be az further enacted. That any
person who shall eyade or attempt % eyade
the payment OF the tax any dIsulled
spirits, In any manner whatever, shall forfeit
ana pay double he amount of the
lax so eNddcd attempted TO he
evadec: and any person who shall change or
alter any >tamp- mark or brand on any cask or
package containing distilled spirits, or who
shall put INTO any caek OF package spirits Of
greater strength than Il Indicated by the in
sPeetIon mark thereon. OF no shall frsudu-
l'ntly use any cask or package having any
inspection mark or stamp thereon for the pur
pose OF selling other spirits spirits OF guam
uty or quality different from the spirits pre-
viously inspected therein. shall forfeit ana paw
The sum OF two hundred dollars Tor every cask
or package Oh which the stamp or marx Is SO
changed Ur altered or which is 50 fraudulsntly
UsrG, and, on CONVICTION, shall tee fined Tor
each such offence not less than one hundred
dollars nor more than one thousand dollars,
and Imprisoned not less than one month nor
more than one year.
SIC. =. And Ie it further enacted, That any
person who shall Knowingly use any false
weights or measures Ia ascertaining, weighing,
OK measuring the quantities of gram, meal, or
vegetable materials, molasses, beer, other
substances 10 he used for distlllatIon, or who
shall destroy, break, mjure, OF tamper with
any lock or seal which may b. placed on any
cIstern -room or building, by the duly author
| lied officers Of the revenue, or shall open said
lCck oI seal, OF the door 10 such Cistern-ro
or building, or shall in any manner gam access
TO the contents therein in the absence OF the
proper officer, shall, conviction, be fined not
less than five hundred dollars nor more than
five thousand dollars, and imprisoned not less
than one year nor more than three years: and
| any person who shall use any molasses, beer
or other substance, whether fermented ON the
premises OF elsew here, for the purpose OF pro-
Gucing spirits, before an account for the same
shall have been registered in the proper record
and pay the sam of one thousand dollars for
each and every offence so committed.
SEC. Ill. Aad Be a. HTther enacted. That II shall
be lawful tor any internal revenue officer TO
detain any cask or package containing,
or supposed 10 contain, distilled spirits.
when such officer has reason 10 believe the tax
imposed by law upon tie same has not been
pad, or that the same is being removed in via
| Iaton OF law; and every such cask or package
may be held by such officer At safe place until
| il shall be determined whether the property so
detained is liable by law 10 b. proceeded against
| for forfeiture; but such summary detention
shall not continue 1: any case longer than forty
eight hours without process of law or in ter yen-
ton OF the ofhcer TO whom such detention is 10
be reported.
SIC. az. And Je ii further enacted, That 10 dis
tllery nor distlllIng apparatus seized for any
violation OF law shall be released to the claim
ant or any intervening party before Judgment,
except in case OF a disullery for which the
| special tax has been paid, and which has a
registered producing capacity OF one hundred
and fifty proof gallons, or more, per day. on
| showing by sufficient afidavits that there are
| hogs or other live Stock, not less than fifty
head I'D number, depending for their feed ON
the products of said dIstillery which would
suffer in Jury If the business OF such distIllery
| is stopped: such distiliery in that case NAV be
released 10 the claimant, or any other inter-
veniEg party, 1T the discretion OF the court, on
bond 10 be given and approved in open court
with two or more sureties tor the full appraised
value OF ali the property seiZed, winch value
shall be ascertained by three competent ap-
pralsers to be designated and appointed by the
court. In case Of the seizure OF and Judgment
OF forfeiture against any dIstillery used or Mt
| for use In the production Of distilled spirits
| having a registered producing capacity of less
than one hundred and fifty gallons per day, or
| of any distllery for the nOn-payment or the
| special tax, the still, stills, doubler, worm,
| worm tub, and all mash tubs and fermenting
| tubs shall be so destroyed as 10 prevent the
| use of the same or any part thereof for the
| purpose of distilling; and the materials sha all
| be sold as IN case Of other forfeited property.
SIC. IS. Ind be IL further enacted, That IL shall
| be The duty OF every person who empties or
| draws Oft, or causes 10 be empued or drawn
4 of, any distilled spirits from a cask OF pack
age bearing any mark, brand, or stamp re-
| quired by law, at the time Of emptying such
| Cask or package, TO efface and ohIirerate said
| mark, stamp, or brand. Any such cask or
! stamp is not so enaced and oblIierated, here
| States, and may be seized by any officer of in
| ternal revenue wherever found. ANY railroad
| company or other transportation company, or
| person, who shall receive or transport, or nave
| III possyx sion, With intent 10 transport or with
! intent 10 cause or procure To be trans ported,
| any such empty eask OF package, or any part
| thereof having thereon any brand, mark or
| stamp, required by law 10 be placed on any
| cask or package containing distilled spirits,
| shall forfeit three Hundred dollars for each
| such eask or package, or any part thereof, SO
| received or transported, or had in possession