Page:United States Statutes at Large Volume 44 Part 1.djvu/1596

 ' XR \ `  · e YITLE .§8.——TERRITORIE8 A1 N portationof paéséngers,_.or in or aboutany depot, platform, or waiting room drink_any· intoxicating llquor ot. any lglnd,. or any person who shall he ‘ drunk or intoxicated in Qany pnbllc ·or girivate road or streetg or in any passenger coach, street car, or any public place or `buildlng, or at any public gathering, or any person who shall be drunk or intoxicatedand shalt disturb the peace of any person,' éhall be guilty- of a misdemeanor, ·(Eeb.# `14,1917,c.53,§1§,39 Stat. 906;),* · ‘.`·‘ t  ··‘- ·. ·27 7. Keeping place for sale of `l{quors.—Every person who n shall directly or indirectly, keep` orgnaintain by. himself or'?-by associating with others, or Fwhq shall in any manner aid, assist, orabet inkeeping or maintaining any clubhouse, oriother place in which alcoholic liquor is received or kept for the purpose _ of gse, gift, ba1't01‘;` or sale, or for distribution ·0r_ division among the members of any club or assecmuou ”by» any-» means whatsoever, or who shall. malntaiu what is commonly known. as the ‘? locker system ’f -_0r other device for evading the 'pr0· visions oi this subchapter, and every person who shall use; barter, mll, give away, _ or assist or abet in bartering, selliing,-fj or giving ‘away_any liquors so received or kept, shall be deemed l, guilty of a misdemeanor and noon conviction thereof be snbjectf to the penalties prescribedjin section 261-of this title; and in all cases we ménjlgers, shareholders, associates, or employees in . anygclnb or association mentioned in this section shall be competent l witnesses to prove any vlolationsmt the proviéions oi said section, or _'of any fact tendingi thereto; and no person shall be excused from testif¥i¤1E’¤S to any offénse committed by another against any of the' provisions of this_ subchapter by reason of his testimony tending ,to Zcriminate himse1t.q_but. the testimony given by such person shall in no case be used against The keeping or giving away ot alcoholic liquors, or 'anya schemes or devices whatever, to evade the provisions of this= subchapter shall be deenncd unlawful within the provisions ot this pubchaptcr. _( Feb. 151, 1917, c; 53,· § 16, 39 Stat. 906.) .278. Arrest of persons charged ’with_ violations -01* law.-‘ It one or more persons Ywho are competent witnesses shall charge, on oath or‘· aGrm¤tion, Before the district attorneyor any ot his. depntlw-duly authorized to actl_£or· him, presenting -·that any person, company, eopartncrshib, association, club, or corporationhns or have violated or la violating the provisions of this subchapter by manufacturing} storing, or depositing, ottering tor` sale, keeping for sale or use, traxllcklng in, bartering, exchanging for good;. giving away, or otherwise furnishing alcoholic liquor; shall request said. district attorney or any of his assistants- duly authorized to act for him to cause to be issued a warrant, said attorney or any of his asélstants shall cause to be issned`such·warrant, in which warrant the room, house, building, orother place in which the violation is alleged to have occurred or Wis occurring shall be speclhcally described; and said warrantoshall be placed ln the hands of the marshal] his deputy, or any. town mars_ha1.or policeman in any __town‘ in which the room, house, building.- or other place above referred to fs located, commanding him to at once thoroughly search said described room, house, bulldlngj or other place, and the V nppurtenanceslthereof ; and lf any such be found, to takelntc his possesglon and safely keep, to be produced as evidence when required; all alcoholic llquore and all the means ot die pausing the same, alsolall the paraphernalia or part of the paraphernalia of a barroom or`other alcoholic liquor establish ment; and any .Unit'ed·States -1nternarifevenue' tax receipt o1 'certitlcate for the riianutactureqor sale of alcoholic liquor, etfec tive for the period of time covering the alleged odense, ant forthwith report all the facts to the district attorney or hl: deputy, and such alcoholic liquor or the means for dlspensln; same, or the baraphernalla ot a barroom or other alcohollt liquor establishment; or any United States internabrevenue ta: N

vn INSULAR rossnssrozvs 1582 ·recelpt or certldcate for the sale of alcoholic liquor, effective " as aforesaid, _ shall be prima facie evidence of the violation of ·‘ the provisions of this ‘subchapter.` (Feb. 14,1917, c._ 53, { 17, so St¤t.·906.), " .· Q  ~ _‘   -- ‘ 279. Evidence to convict.--It shall not be necessary, in order to convict any person, company, house, association, copartnership, club, or corporation, his, its,-or thelf agentsgjomcers, clerks, or servants of ·manufacturing,_ importing, or selling. alcoholic liquors, to- prove the actual manufacture, importing, sale; de} ‘ · livery of, jor payment for any alcoholic liquors, but  evidence T l of having or keeping themln hand, stored or deposited, taking · orders for, `or otering. to sellorbarter, or%xchanging them for goods or merchandisefof giving them away, shall be sudicientfto convict; nor shall it be necessarydn a warrant, lnformation, or indictment to specify the particular ktnd of alcoholic liquor which is madegthe subject of alcharge of violation of this sub- . chapter.- (_Feb._1&, 1917, c.· 53, § 18, 39 Stat. 907.) · · 280. Liquor nuisancea; maintenance; abatement.-—-All houses, boats, boathouses, buildings, clubrooms, and `places of every ldescriptioli. including drug stores, where alcoholic liquors are man11factured,_stored, sold, or vended, given away, or furnished contrary to livv,. including those in which clubs, orders, orassociations sell, barter, give avvay, distribute, or dispense iutoxl- " eating. liquors ·to' their members by any means or device what- s ever, as provided in this 'subchapmr, shall be held, taken, and deemed common and public iiulsances; And any person. who, shall maintain, or shall aid or abet,‘._or knowingly be associated owith others in maintaining such ‘common`and public nuisance, shall be guilty of a misdemeanor and upon conviction therwf - · shall be subject to thepenaltlw prescribed vin section 261 of thy. . title, and judgment shall be given that such house, boat, buildlng,,or_other‘ place, or any room therein, be abated or closed up i as a place for- the sale or keepingof suchllqu-or contrary to law, ` as the court may determine. _(Feb.;14,· 1917, ci 53, §_ 19, 39 281.‘,Same; actionsfor abatement.--Any United States dis- _ trict attorney for the Territory of Alaska maymaintalh an action ln equity in thename. of the United States to abate and perpetually enjoin such a nuisance as dedned in section 280 of this title. No bond shall he required. Any person violating the · terms -of any injunction granted in suchproceedingsi shall be. punished for contempt; by a fine of not ·-more than $500 or by Jmprlsonment in the Federal jail for not more than six` months or both" such Hue ;?d imprisonment, ln the discretion of the court. . (Feb.- 14, 1 7, c. 53, { 20, 39 Stat. 907.) _ _ ` s 282. Same: violations of law by tenant; forfeiture of l lease.-—+If a tenant of ·a building or` tenement- is convicted or · . using such premlsesor any part thereof or maintaining a com- ,· mon nuisance. as dedned·ln section 280 of this title, or of know- ingly permlttlng such use»by another, the conviction of such
 * use shall renderjvold the·lease under which he holds and_shal1 `

v cause the right of posswsionto revert to the owner or lessor. ¤ who may, without process of law, make immediate entry upon l‘ the premises, ormay avallhimself of the remedy provided for ` n the forcible detention thereof. (Feb. 14, 1917, c. 53, _§ 21, 39 s Stat: 907.) ~ ` ‘ ` » _ 283. `Same; ovmers of buildings knowingly permitting.-- s Anyone who knowingly permits any building owned or leased a · by him or under his control, or any part thereof, to be used in s maintaining a common nulsance described in section 280 of this · title, neglects totake. all reasonable measures to eject therer from the person so using -the,sam‘e, shall he deemed guilty of. · assisting in maintaining such_ nuisance. (Feb. 14, 1917, c. 53,. l 522,39 Stat. 908.)_ ”. s ‘ 284. Property in alcoholic liquors illegally manufactured: c exist in alcoholic liquors or beverages illegally manufactured. r `recelved, poswssed, or stored under this subchapter, and in all l a.
 * searches and seizures.—§No property right of any kind shalt