Page:United States Statutes at Large Volume 14.djvu/513

 THIRTY—NINTH CONGRESS. Sess. H. Ch. 169. 1867. 483 is forfeited by fhilure to furnish or produce at the proper time the evi- distilled spirits dence required by law or regulation that the articles named in the bond €;g‘;,f’(f;‘Sc°‘}s were duly received and actually stored in the warehouse 01 district to ;0,i·e;t,,d,.,i,i;- which they were shipped, or by other breach of the obligation, the obli- gale to my gors in the bond shall pay the total amount of duties upon the articles w °t‘ removed under the bond, together with fifty per centum upon that amount, and the collector of the district in which such bond is or may be Their property given may forthwith distrain upon any property, real or personal, subject eg? d‘s' to distraint or seizure, belonging to said obligors; and in case no such prop- rr property is erty can he found, the collector shall immediately forward the bond to the ¤0¤ Y<>¤¤d, bond United States district attorney for the proper district for suit, and notice of t° b° pm m wm the breach of the obligation of any such hond shall be forthwith forwarded by the collector of the district to the commissioner of internal revenue. Sec. 24. And be it yhrtber enacted, That the forty-fourth section of Stills tit for the act of July thirteen, eighteen hundred and sixty-six, aforesaid, be ;S&0‘g,“°* °"°" . . . in value amended hy adding thereto as follows: Provided, That when any still Seized {Or ,,,,1; used or finfor use in the production of distilled spirits, the same not ex- tion of internal cceding one thousand dollars in value, has been or shall be seized for any L‘;`£°g:)°,‘°;cl’;;S· violation of the laws relating to internal revenue, the same shall not be lensed; relea=ed by the court to the claimant, or any other intervening party, be- b lf1ff>¤‘*`*=if9d» *0 fore judgment; and if declared forfeited, such still shall be so destroyed 1g66e;;;(¥8idé M_ as to prevent its use for the purpose aforesaid, and the materials thereof .4_7i1o, p. 1e:;. shall be sold as other forfeited property. In case of seizure. as above, of is gvgrstélhgzgid . . . . n a still exceeding in value the sum of one thousand dollars, its release to value, its rcienso the claimant or any other intervening party, before judgment, shall be at to be M the disthe discretion of the court. A g;?:;?" °f the Sec. 25. And be it _/icrther enacted, That the owner, agent, or super- Additional intendent of any still, boiler, or other vessel used in the distillation of P*’f‘“lf§’*éP°"f spirits, who shall neglect or refuse to make true and exact entry and re- gcijigiijgi, Qgg port of the same, or to do or cause to be done any of the things by law lect or refusal to required to be done concerning distilled spirits, shall, in addition to other gg  tggjtsw fines and penalties now by law provided, forfeit for every such neglect or cgguiug distilled refusal all the spirits made by or for him, and all the vessels used in Spglls- _ making the same, and the stills, boilers, and other vessels used in dis- u,.c'E$’df°$;£?:{S_ tillution, and all materials fit for use in distillation found on the premises, onment,. together with the sum of five hundred dollars For each otlence, to be recovered with costs of suit, and shall be deemed guilty of a misdemeanor, and he subject to imprisonment for a term not exceeding one year; which said spirits, with the vessels containing the same, with all the vessels used in making the same, and all said materials, may be seized by the collector msflgh &S’· d and held by him until a decision shall be had thereon according to law: ,,,$j,;(€lu Provided, That proceedings to enforce said forfeiture shall be commenced Proceedings by such collector within twenty days after the seizure thereotZ And the ;»;i$;;’r°° li"' proct—<·dings to enforce said forfeiture of said property shall be in the na- i turc of a proceeding in rem, in the circuit or district [court] of the United States for the district where such seizure is made, or in any other court of competent jurisdiction:. Src. 26. And be it yimher enacted, That if any collector, deputy col- pemny upon lector, assessor, assistant assessor, inspector, district attorney, marshal, or °<>ll<=¤t<>¤· ¤**_ other officer, agent, or person charged with the execution or supervision ot the execution, or szqzervision of the execution of any of the provisions aeéepnng any of this act, or of the act to which this is amendatory, shall demand, or :;‘::°;;K§i:I*j’ Scccpt, or attempt to collect, directly or indirectly, as payment or gift, or &c_ any Qi,;,:?;,, otherwise, any sum of money or other property of value for the compro- Of ‘•’i<>l=*tt·7s the rinse, adjustment, or· settlement of any charge or complaint for any violation, or alleged violation of any of the said provisions, except as expressly authorized by law so to do, he shall be held to be guilty of a misdemeanor, and shall for every such offence be liable to indictment and mal in any court of the United States having competent jurisdiction, and