Page:United States Statutes at Large Volume 15.djvu/174

 142 FORTIETH CONGRESS. Sess. II. Ch. 186. 1868. &(PF§;E;‘l<§bt Sec. 42. And be it further enacted, That no distillery nor distilling ,0 im muted apparatus seized for any violation of law shall be released to the claimant bcforejudgmeub, or any intervening party before judgment, except in case of a distillery °’°"°P'~ &°· for which the special tax has been paid, and which has a registered pmdncing capacity of one hundred and fifty proof gallons, or more, per day, on showing by sufficient affidavits that there are hogs or other live stock, not less than filly head in number, depending for their feed on the products of said distillery which would softer injury if the business of such lcgzcmgftgsge distillery is stopped; such distillery in that ease may be released to the gM,{_ claimant, or any other mtervemng party, at the discretion of the court, on a bond to be given and approved in open court with two or more sureties for the full appraised value of all the property seized, which value shall be ascertained b three competent appraisers to be desivnared and a · Afwrjndgg pointed by the cohrt. In case of the seizure of and judgmgnt of forfeituiie ';l;;‘°sfit,,;°'£;“` againstlany distillery used or (tilt for use in ther producaion of distilled to be destlo sd. siirits iavinrv a rerristere ro ncin ca acit o ess t an one hundred y aiid fifty gnllbns pdr day, oipof any distilleryllbr the non-payment of the special tax, the still, stills, doubler, worm, worm tub, and all mash tubs and fermenting tubs shall be so destroyed as to prevent the use of the bcltggfgrials to sin}? for znyl part thereogfoii the pfurpoge of distilling ; and the materials · s a e so asm case 0 0 ter or eite ro ert . _ Persons draw- Sec. 43. And be it further enacted, Tihatpit shall be the duty of every smmpr—(1_ &c, to any distilled spirits from a cusk or package bearing any mark, brand, or §YS¤¤° stumps, stamp required by law, at the time of emptying such cask or package, to hmm, mk, eifhce and obhterate said mark, Stamp, or brand. Any such cask or packwith snfmps not age from which said mark, brand, and stamp is not so cffaced and obliter- ‘° ”° gted, as hgein reqpiired, sgiall be fprfeited to the United States, and may ` ri,,,,],;, go,. e seizcc y any o xcero interna revenue wherever found. An railcnrnrirrgyennivty road company or other transportation company, or person, whoy shall receive or transport, or have in possession with intent to transport, or ‘ glfuced; with intent to cause or procure to be transported, any such empty cask or package, or any part thereof, having thereon any brand, mark, or stamp, required b law to be laced on an cask or ackave containinv distilled spirits, slhxll forfeit tiiiee hundredydollars forpeachbsuch cask ocr package, or any part thereof, so received or transported, or had in possession with the intent aforesaid; and any boat, railroad car, cart, dray, h wagon, or other_vehicle, and all horses or other animals used in carrying iné¤;·t:l<:=  or transporting thesame, shall be forfeited to the United States. Any nmmcotllxylmy person who shall-iinl or neglect to eiiace and obhterate said mark, stamp, ing (mk; or brand, at the time of emptying such cask or package, or who shall receive any such cask or package, or any part thereof, with the intent aforesaid, or who shall transport the same, or knowingly aid or assist therein, for removing or who shall remove any stamp provided by this act from any cask or P€\Cl<¤;§€ containing 01* which had contained distilled spirits, without detac- 1;,0,, cqywing ing and destroying the szune at the time ol' such removal, or who shall aid therus or assist therein, or who shall have in his possession any such stamp S0 fo»·1nn-min removed, as aforesaid, or have in his possession any cancelled stamp or l’§;;°S;lg:;;*>fl‘ any stamp which has been used, or which purports to have been used, c,,,,c,;;Dd upon any eask or package of distilled spirits, shall be deemed guilty of a stamps, Sw. felony, and, on conviction, shall be fined not less than five hundred dollars nor more than gen thousand dollars, and imprisoned not less than one year nor more t an ve years. (iigipgiyréimri Sec. 44..Aml be it further enacted, That any person who shall Parry ¤m,HqéOl_ on the business of ZL. distiller, rectiher, compounder of liquors, wholesale d¤li1oi·s,i¤Mm- liquor dealer, retail liquor dealer, or manufacturer of stills, without havg5{:"g;·°f;r ing_pa1d the special tax, as required by law, or who shall carry on the csmling on busmess of a distiller without having given bond as required by law, 0I' business without who shall engage in or carry on the business of a distiller, with intent to
 * .:](·‘i,;’f;;¥f;‘“ person who empties or draws of}; or causes to be emptied or drawn off;