Page:United States Statutes at Large Volume 44 Part 1.djvu/872

 § 37 rrrm z·:.-—-1zzro.x ` 37. Fdrfdtnre of  at option of   vioiadon ‘ ofthia chapmr upon any leased  by the lmod or occumnt thereof mall, at the option or   lxr, work a forfeiture or tm loam; (Oct. 28,1919, c. 85, Title II.-! %, 41 Stat. 814;) ` w. Violation of hnjanetion as eoatenipt; proeedurey pmielunent..—-—·In the case ot the violation ot _ any injunction, {env porary or permanent, granted pnrenant to the provtalo1¤a‘ot‘·thta chapmr, the court, or in · vacation `•. jn@·e thereof, _ may summarily try and punish the defendant; The proceedings for punishment for contempt shall, be connmcéd by  with the clerk ot the court from which such lnjdnction isaued_i1itormation mailer oath setting out the alleged facts eonstitntlng the violation, whereupon the court or judge shall forthviith cause a warrantto issue under which the defendant shall be arrested. The trial; may be-had upon andavita, or eitherparty rnay demand the production and oral examination of the witnesses. Any person found guilty ot contempt nndr the- provisions I of this section shall he punished by a fine ofnot less- than $500 nor imore than $1,000, or by imprisonment of not less than thirty clays nor more than twelve »-months, or by both hne and imprisonment. ·(Gct. 28, 1919, c. 85, Title II; § 24, 41 Stat. 315.) 39. Unlawful pmesnion of liquor or-property designed for manufacture thereof; search rrarnnts.-elt shall be unlawful to have or possess any liquor or property  lor the manufacture of liquor intended for use, in- violating this chapter or which has been so u®d,‘.and no property rights shall exist in any such liquor or property. A search yvarrant may isne as provided in aections  to 454, and 456 oi Title 17, and auch liquor, the containers thereof, and such property so seized shall be subject to snch. disposition aa\the court may make thereof. It it is found that such liquor or property was so unlawfully hold` or possessed, or had been fao unlawfully _ need, the liquor, and all property designed for the nnlawfnl 1 manufacture of liquor, ahallbe destroyed, unleags the  shall otherwise order., No search "warrant shall issue to aca ch any private dwelling occupied as auch: nnleaa it is belng—.t§d for . me unlawful aale of intoxicating liquor, or unless it is in part · used for some business purpose such as a` store, shop; saloon, restaurant, hotel,ol· boarding house. The terrn “ private dwell- · lag" shall be constrnedto include the toon: or roomsnaed and not transiently; but solely as a. residence in an apart= ment, hoax, hotel, or boarding house. The property seized on any each warrant shall not he taken from the- o¤cer reeizlng the mane on any writ; ot repleiln or other like process.- (0ctZ @,1919, c. 85, Title II, { 25, ,41 Stat. 815.·)  " . ‘ " 46. Unlawful transportation of liquor;  and datruc- Eon of _ liquor and ale of YBhi¢l¢.-··wl1€l1 the comrnissioner, hislasnistants, inspectors, or any omcer ot the law shall chacorer any person"' in the act of. transporting in Jyiolation. ot the a law, intoxicating liquors in any wagon, buggy, adtomobile, water or air craft, or other vehicle,} lt shall be_'his" duty to seize any and all intoxicating liquors found therein Min: transported contrary to law; Whenever intoxicating liquors transported or —&weed\illegally‘ shall be·  by‘·an; omser he shall take pommion of the vehicle and tum or automobi1e,_boat;, air or water craft, or any other conveyance, land shall arrest any per# son in charge thereof. Such omeer shall at once procmd against the person arrested under the provisions oil this chapter · in-any court having competent Jurisdiction ;‘ but the said vehicle or conveyance shall be returned to the owner upon execution `by nm or oi gm ana va11a.nona, wan sumeient eurétiea, m_ a sum double the value ct the property, which mid bond aliall be approved by wid onlcerl and shall be conditioned to said property to the custody ot· said omcer on the day of trial to .-abide the "gndgment of · the court. The conrt upon conviction ot the person m arrested shall order the liquor dwtroyed, and unless good cause to the contrary is shown by the owner, shall order a sale by public auction ot the property seized,  the

ZIQATING HQUORS 858 making the ale. afterdeducéng the expenaenfof keeping _ the Drowfb. the fee for. the  and the cm of the sale, aball pay all llcna, according to their priorities, vrNeh are eetebliehw, BY 'illtervention or otherwik at mid  or in other brwght .for.¤id  aebeiq hm dde and as havin: beencruted wvithm the lim hath: anrnetlce that theméying mhlcle»vvasbéw¤cdcr·1raa_tobcueed for il@l"tranaportadon_»of· lxuor, and @11 my th ·&l€nce of theprocce& into theTreas1u·ycfthe‘United Stats as mince;- laneons    liens   pr@ty sold under me provision of this section shall     from the property {to the proceeds of the salem the e~»¤ »  lf, Mwever, no one shall be found claiming   team, v&iele, `wata or me craft, or auloxnobile; the taking of the same, with a dacrlption therécf, chan be advertised in acme   published in the city or county wheretakm or if thee be ao newspaper publiehed in such city or connty, sa a ,news  Mving calm,- · lation in the county, oncea week for two weeks and by handhills posted ln three gpuwc   near the mee d aetzerck ` _.an~d_ if noclaimant. rhall appear within tw days after the last publication of the adverdae@f, the PND¢¥£! @11 w sold and `the proceeds after deducting   expmss andeonm shall be pam mm thelfreasury or tnennneo Rates aa  1`9$l€iPt8· (Oct. 28, 1919, c. @  II,} 28,*41 Stat._31$.)¢· - o   41. Forfeited `veaaeld or rehiclea md for   ef .Natio¤al Prwihition   orvwtw aamarily ~ forfeited to. the United States for violation of the caQ@·lawe, mny;‘in`the_discretion of th_e‘8e¤·etary_ of the ’!.‘rca®, unkr pouch regulations as hemay-  ibc.»b¢ taken and ucd for' · the enforcement of the.provlsions¢`of this titleln lieu`oftm` y sale thereof as provided by law. (Mar. 3, 1925, c. 4%, {-1, 43 o sm. imo.) e _· p _ _ 1 ` 42. Application for vessel `·or v&icle.———Upon application ' therefor by the ‘__Secretary of then _’1‘rensury, any voxel or · vehicle forfeited to the United States by a_d¤·ree_of "any » court for violation of this title may be ordaed by the court enforcement of themovisiona of  title in lieu of the ante v thereof as? provided by law. (liar. 3, 19%, c. 438. I 2, 43 `Statillldl). " · i ° -_~   _ ~ .» _ 43t   on ahegappropriation f•r expuse of painwtgancayetc., report in Budget aa to weasel: or vehicles; he V position when   for   nm.——·Any.'vmd_or re, hlcla acqnired  under the provisions of the two preceding ·acctiona    for @@1   ln the eno forcewt" of this title. The   available for en; , forcemst of thh tdtle shall be available for the paymmt of · cxpeum of maintenance, repair, and opaation of aaldjvmls M and yvehms, lncludlng motonpropelled °  · vehiclw. Said appromitdena shall also be ayailawe for the · payment of the actual costa incident to the aelmre and for- _ _.felture, and if the aelznro la. made under any aection of law · under which liens are recognised, for the myment of the , amount of auch lien allowed by the court. ·A report shell be · submitted to Congrees each year in the Budget,  forth m L detail a description or thevmncla or vehiclm   acquired, the , cost `of acquiring, the appraléed value thereof, the uses to which ’- ·  have hem put, the appraised value of seizures reanltinn ¤ from their um, and the expense of operating auch vyls or · vehicles. Any vessel or vehicle. eo acquired when no longer , needed for omcial use ahall·.be·diepoeed· of in tm annie manner » as other surplus property. (Har. 3, 19%, c.` B8, if 3, $3 . em} mo.) - [ — » __    , . 44. Delivery of seized  to United Statu for . ‘pnrpoac¤;——-;In. all. msec in which intoxicating liquors may be . subject to bc? destroyed uder the provisions of this chapter . the- court shall have jurisdiction upon the appllmtionto! the of United Staten attorney to order them delivered to any depart-
 * to be deliveredto  Department- for ceeinmep