Page:United States Statutes at Large Volume 1.djvu/782
660
FIFTH CONGRESS.
Sess. III. Cff.22.
1799.
Supervisors to provIde blank certificates.
On sale, certificate to be delivered to the purchaser.
Absence of certificates to be presumptive evidence for forfeiture of spi. rits, wines and
teas.
On the sale of casks,&c. which have been emp_ tied, the mark. to be defaced in presence of an officer.
Penalty on defacing, &c. marks. &C. on casks, &c. or certifica.tes; or
selling casks, &c. or refusing to deliver up certificates.
(here insert whether cas~! ches.t, vessel or ease, by th~ proper name) of (here insert whether SPlllts, wmes or teas, and the kmd of each) num· bered and marked as per margin, (the marks of the inspector to be inserted in the margin) containing (here insert the number of gallons and rate of proof, if spirits, or gallons, if wines, or the number of pounds, weight nett if teas.) A. B. Supervisor. Countersigned by C. D. Inspector. Sec. 42. And be it furtlter enacted, That the supervisors of the several districts shall provide blank certificates, under such checks and devices as shall be prescribed by the proper officers of the treasury, and shall number, sign and deliver the same to the officers who may perform the duties of inspectors of the revenue, for the several ports in their respecti ve districts; which blank certificates shall b~ filled up and countersigned by the inspectors of the revenue aforesaId, who shall be accountable therefor to the supervisors; and the said inspectors shall make regular and exact entries of all certificates which shall be granted as aforesaid, as particularly as therein described. Sec. 43. And be it further enacted, That the proprietor, importer, or consignee, or his or her agent, who may receive said certificates, shall upon the sale or delivery of any of the said spirits, wines or teas, deliver to the purchaser or purchasers thereof, the certificate or certifi. cates which ought to accompany the same, on pain of forfeiting the sum of fifty dollars for each cask, chest, vessel or case, with which such certificate shall not be delivered; and if any casks, chests, vessels or cases, containing distilled spirits, wines or teas, which by the foregoing provisions ought to be marked and accompanied with certificates, shall be found in the possession of any person unaccompanied with such marks and certificates, it shall be presumptive evidence that the same are liable to forfeiture; and it shall be lawful for any officer of the customs or of inspection to seize them as forfeited; and if upon the trial in consequence of such seizure, the owner or claimant of the spirits, wines or teas seized, shall not prove that the same were imported into the United States, according to law, and the duties thereupon paid or secured, they shall be adjudged to be forfeited. Sec. 44. And be it further enacted, That on the sale of any cask, chest, vessel or case, which has been or shall be marked pursuant to the provisions aforesaid, as containing distilled spirits, wines or teas, and which has been emptied of its contents, and prior to the delivE'ry thereof to the purchaser, or any removal thereof, the marks and numbers, which shall have been set thereon by or under the direction of any officer of inspection, shall be defaced and obliterated in the presence of some officer of inspection or of the customs, who shall on due notice being given attend, for that purpose, at which time the certificate which ought to accompany such cask, chest, vessel or ease, shall also be returned and cancelled: And every person, who shall obliterate, counterfeit, alter or deface any mark or number placed by an officer of inspection upon any cask, chest, vessel or case, containing distilled spirits, wines or teas, or any certificate thereof; or who shall sell or in any way alienate or remove any cask, chest, vessel or case, which has been emptied of its contents, before the marks and numbers, set thereon pursuant to the provisions aforesaid, shall have been defaced or obliterated, in presence of an officer of inspection as aforesaid; or who shall neglect or refuse to deliver the certificate issued to accompany the cask, chest, vessel or case, of which the marks and numbers shall have been defaced or obliterated in manner aforesaid, on being thereto required by an officer of inspection or of the cu!'toms, shall for each and every such offence forfeit and pay one hun. dred dollars, with costs of suit.
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