Page:United States Statutes at Large Volume 44 Part 1.djvu/871

. $51 _ TITLE §I'.——INTO.XlO. 0,. pmporang or claimed to be oouésnod ·.to n pm·s¤¤,».whe¤ b tm, Igmpme ot the order is toouabso any @0:1 not an actual if irirxe li, I 10, 41 Quit, 313.) - _ ·· _ ‘5 ss. Adv Bqwr or   mls, orlreeping for sd sale thereof; ¤l@ti9¤|··-It shall be unlawful to advertise sovwheré, or by any moans or method, liquor, or the manufac-  tuto, halo, keeyilng tot saloon   ot the mma; or where, ,3 `;,,,;s—, from whom, Gl; at what price the same may be obtgi¤ad.·  t xo Guo shall permit nofsigu or billboard containing ami; advex-- · c tisomont to remain upon _,ouo’s premises. But nothing; heroin yc small ptohihlt mahuflcttirérs hud wholesale dpugglsts holgilng c permits to sell liquor from furnishing price lists, with descrip» 1 (go}; otiliqzlor fof sale, to persons permitted to purchase liquor, I or N from advertising alcohol. in business pulylications or trails 1 juomsls ¢i_réuiath;g generally: among mauufaoturers ot lawful 4 simholio perfumes, toi1ot—p:opamtious, havoring extracts, me- 1 liioiaml promtations, and likeartiolw: Provided, however, That 1 waning in »this,chopter shall apply to newspapers pub· { assmx in foreign oouutties when mailed to this country. (Oct. 1 gas, 1913, c. &, Title II,·§ 17, 41‘§tat. 31.3.)  ~ » ·. 1 39; Advoortléug,  or isle of utmdls, apparatus, * Eiugrédiouta or formul¤_f¤· hshufncture of §quo1·.——It‘shall be ‘ utensil, cootrlvsuce, ‘ machine, preparation, compound, tablet, * substance, foréula, y direction, or recipe advertised, `dwgued, " or intended fof use in the unlawful manufacture ot intoxicating _* liquor`. (Oct. E, 1919, c._ 85, _’1‘ltlo II, { 18, 41·Stgt. 313.) _¤ 31. Solicihug or mwvlug order; for liquor.-No persou ·‘ shall solicit, or receive, riot knowingly permit his employee to ' solicit or receive, from any perm my oégler for llquoi or glvo ' any information of bow liquor may be ’ obtained in wilolatiou ‘ of this chapter. (Opt. E, 1919,1:. W, Title `II, I 19, 41 Stat. 313.) ‘- · _, . .· . ‘ = · 32. Bight of a¢tlo¤ for hjmiet cnmed By iutouicatedl por- . ¥ soul-?-—Auy petsou who shall be injured in person, property, ‘ moms ot support, or otherwise by any intoxlcntedi person;. or _ by reason of tho alntoxlcitioa ot any person,    ·isg in his ooath or uct,   blY3_I',l'l§l1t'0£ action   , slay pm-son, who shall, by unlawfully selling to or unliwtully aosisting in  liquor io1··su® iatorlcnfed person, have _ oauom or cmtrlbutod to meh `lutoxloutloh. had lufany such {amos meh person shall have in right to recover aétusl and exemplary  In cdso of the dmth ot either, 'pgrty, theictlou or rght ot notion glveu by this section shall sutvivo ‘ to or qgalmt his or her executor .91* ddmiulstmtor, and tho amount so recovered by  wife or ohlld shall be hh or hor _ solo and separate propetty. Such action maylbo brought lu uu; court ot om    $urb&ctlou. In any cue_whore—;$are¤ts shall be eatltld to such damages, either the lather or mother may soo atom therefor, but a recovery- by one ot such parties 0 shall bc u har to suit broughtuby thoothet. '(Qctl·'%, 1919,, _ c.8s'5,€.l‘itloII,I@,41St•t..318.)  __ ·, _Q , 33, Prwuty used in  yitln violstimuof hw is fcosunou uuknnu; pmlshmsut for   liability of owners of buildings:-—-Any room, houm,¤ buildin, boat, vehicle. _sta·ucture, or plow whom lntoxioatlng liquor is manufactured, sold, kept, of hsrtorod in violation oi this ehaptoxy, no all iutoxtenmag liquor aud property kept and used in Vtho same, is homby declared to be u qommou oulauooo, nucl any ‘ person who maintains sock a mmzuou nulsuuoo  be guilty ot at misdemmztor nod upon cohs·l»ctlox1··thox·oo£ lshalfbe Sued not more than $1,000 or be-  for not more than one yeaé, or both. If • person has knowledge- or lzmsouto believe that his room, house, b`ul1dlag,`_boaQt, vehicle, structure, or place la -oecop&d or used for the manufacture or solo ot ` liquor contrary to the provision of this chapter, and suitors tho same to be so occupm ot used, such rooun, house, building,
 * ,,,,;{g use  to obtaill ouch liquor. (Oct. E, 1919, c. 85, 4;,
 * umsm·£u1 toadvortlse, muuutycture, sell, or possess for sale any <

ATING LIQUORS _ g gm oat, .vehicle,_* structure, or place shell be subject. to a lien or and xnay bevsold to pay all lines and costs d against he person guilty of auch nuisance- fg: such violation, · and any. uch lien may be enforced by action in any court having jurisllction. (Oct. %, 1919, c. 85, Title II, ·§ 21, 41 Stat. 314.) ' 34. `Abatcinent- or nuisance; Uiniunction; procedure; bond ny owner or msec of building.-——An action to enjoin any mlsance donned in this chapter may he brought in the name of ghc United, States by the Attorney General of the United Staten ir by any United States attorney or any' prosecuting attorney >f~any_ State or any subdivision thereof or by the comnnissioner >r his deputies or assistants. Such action shall be hronght ond Y >ried as an action in equity and, may he brought in any; court laying jurlediction to hear and determlm equity cas@. cli it s made to appear ?by. a§davlts oreothersvise, to the satisfaction >f the 4_ court,_, or Eiudge, in vacation, that such nuisance exists, a,
 * emporary writ of injunction shall forthwith issue, reftraining.

che defendant from conducting or permitting the coniinnance Jf .s_ucl1ZnuiSance until the `¢QB<¤l¤&0n of the trial. If- a 'temporary injuction is prayed for.- the-· court may issue an order » restraining the defendant and all other persons from removing ‘ or in any way interfering, with the liquor or nxturespor other things used in connection with`- the violation of this chapter constituting such nuisance. No bond shall be required in instltutingsuch proceedings. Itshall not be aary forthe court to find the- property involved was heing unlawfully used as aforesaid at the time. of the hearihz. but on dndinz that the material allegations · of the petition are true, the court shall order that no liquors shall be manufactured, sold, battered, or stored in such room; house, building, boat, vehicle, structure, or plhee, or any part thereof. And upon judment of the court ordering such nuisance to be abated, the court may order. that the room, house, building, structure, boat, vehicle, or place shall not be occupied or used for one year thereafter; bnt the court may, in its discretion, ypermit it to be oeeupleu. or used tif the owner, lessee, tenant, or occupant thereof shall- gre bond with sumclent surety, to he ·approved._hy the court making the order, in the penal and liquidated sum of not Ima than $500 nor mm than $1,000, payable to the United States, and conditioned that intoxicating llouorfwill not thereafter be manufgctured, .·wld. ` bartered,`k¢Dt, or otherwise  of therein or thereon, and that he will pay all hues, coats, and damages that may be assessed for- any violation of this chapter upon resid property. (Oct. 28, 1919,  &, Tttle II, _§ R, 41 Stat. 314.)* e ` 35. Person keeping or carrying Heuer  thtent to sell, orzicllcitlng orders for liquor guilty of nuisance and reetrainable by  person who shall, iwith intent to eHect a sale of liquor, hy himself, his employm, servant, or agent, for _ himself or any person, company or corporation, keep or carry around on bla person, or in a vehicle, - or other conveyance ` r?¥ia‘teycr, or leave in a place for another to secure, any liquor, or who shall travel tosollclt; or solicit, or take, or accept orders for the sale, ahlpxnent, or delivery of liquor in violation of this title is guilty or la nuisance and may be reetrained by injunction, temporary and permanent, from doing or continuing to do any of paid acts or things, r ‘ _ Q _ ‘ In suchproceedings it shall notbe necessary toiehow any intention on the part of the accusedjto continue such violations if the action is brought within sixty d ys following any such _ yiolution of the law, (Oct. .28, 1919. c. 85, Title II, §_-23, 41 ` St¤t.`31fi.), , _ [. . ~' _ * · ` 36. Fees of o5cern.——;—-For removing and lling property in `enforcingythia chapter the cyl: shall be cpt letlito charge and reccivethe same fee as the aherw of the c nty would receive for levylng upon and selling property under execution, and for. _ closing the premises and keeping them` closed a reasonable sum " shall he allowedby the court. »-(0ct.·28, 1919, c. 85, Title ·ll, §23, 41`Stat; 3141) · _—  · ·‘