Page:United States Statutes at Large Volume 15.djvu/173

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FORTIETH CONGRESS. Sess. II. Ch. 186. 1868. 141 Sec. 37. And be it further enacted, That no person shall remove any _ Dls‘m°d “Pl"‘ distilled spirits at any other time than after sun-rising and before sun·set- :,:,53 Q01; zh ting, in any cask or package containing more than ten gallons from any in ei cask ednpremises or building in which the same may have been distilled, redistil- gj*'**"‘·<,m°*,f· led, rectilied, compounded, manufactured, or stored, and every person who ;t$Qcl;uS$,i?ygs;` shall violate this provision shall be liable to a penalty of one hundred dol- Md S¤¤$€*· lars for each cask, barrel, or package of spirits so removed; and said gg:;;,,?;,}, of spirits, together with any vessel containing the same, and any horse, cart, spirits, vehicle, boat, or other conveyance used in the removal thereoiQ shall be forfeited &°· to the United States. Sec. 38. And be it further enacted, That any person who shall add or l’¢¤¤lW M b cause to be added any ingredient or substance to any distilled spirits, be- ggglggtgngisiu ` fore the tax imposed by law shall have been paid thereon, for the purpose titled spirits to of creating a fictitious prooi shall, on conviction, be fined not less than °"°";$ H°°‘°‘°“° one hundred dollars nor more than one thousand dollars for each cask or WOO ’ package so adultcrated, and imprisoned not less than three months nor more than two years, and every such cask or package, with its contents, shall be forfeitc<l to the United States. Sec. 39. And be it fimfhcr enacted, That any person who shall evade for evadingor or attempt to evade the payment of the tax on any distilled spirits, in any Zxxgpgglbfggnt manner whatever, shall forfeit and pay double the amount of the tax S0 cftnx; evaded or attempted to be evadcd ; and any person who shall change or M °h%“8l’5S alter any stamp, mark or brand on any cask or package containing dis- ;;“,‘§5:;Qs,m" S" tilled spirits, or who shall put into any cask or package spirits of greater for putting, instrcngth than is indicated by the inspection mark thereon, or who shall L? °;fmZfp"*” fraudulently use any cask or package having any inspection mark or stamp mgngm thm, thereon for the purpose of selling other spirits or spirits of quantity or &¤-sf I quality difi"erent_ from the spirits previously inspected therein, shall forfeit I t€;h;;`§,:,g;°f and pay the sum of two hundred dollars for every cask or package on gc.; which the stamp or mark is so changed or altered, or which is so traudulently used, and, on conviction, shall be lined for 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. Sec. 40. And be z'¢_fierl}zer enacted, That any person who shall know- for lf$¥{°Wi¤8lY ingly use any false weights or measures in ascertaining, weighing, or 3,235,,g;; measuring the quantities of grain, meal, or vegetable materials, molasses, me£ures; beer, or other substances to be used for distillation, or who shall destroy, for brsaking break, injure, or tamper with any lock or seal which may be placed on $fi;Q“;g;l`{2§k 0,, any cistern-room or building, by the duly authorized officers of the revenue, 599,1; or shall open said lock or seal, or the door to such eistern-room or building, or shall in any manner gain access to the contents therein in the ab- for gaining acsence of the proper officer, shall, on conviction, be fined not less than five gsisébgcésggtgllts hundred dollars nor more than five thousand dollars, and imprisoned not proper qmcer; less than one year nor more than three years; and any person who shall s“m:?é;€3¤Y use any molasses, beer, or other substance, whether fermented on the mgucc $,,,,;,8, premises or elsewhere, for the purpose of producing spirits, before an ac~ before an ne- _ count for the same shall have been registered in the proper record-book ggpggcgggism *5 provided for that purpose, shall forfeit and pay the sum of one thousand dollars for each and every offence so committed. Sec. 41. And be it further enacted, That it shall be lawful for any c€;l;;’:“%2;fg internal revenue officer to detain any cask or package containing, or sup- and hog, pack. posed to contain, distilled spirits, when such officer has reason to believe ages, &<>&¤<>¤- the tax imposed by law upon the same has not been paid, or that the gglglgggf gp same is being removed in violation of law; and every such cask or pack- ' age 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 i _ for forfeiture ; but such summary detention shall not continue in any case t0D°*°P**°” mt . . . · continue longlonger than forty-eight hours, without process of law 01* intervention of 6,., &,,_ without the officer to whom such detention is to be reported. process <>f1sw·