Page:United States Statutes at Large Volume 49 Part 1.djvu/920

 74T31 CON GRESS. SESS. I. CH. 740. AU GUST 27, 1935 . laws, o r regulations pre scribed under suc h title or laws, or which has been so used, and no property rights shall exist in any such liquor or property. A search warrant may issue as provided in title XI of the Act approved June 15, 1917 (40 Stat. 228 ; 18 U. S. C., sets . 611-633), for the seizure of such liquor or property. Nothing in this section shall in any manner limit or affect any criminal or forfeit ure provision of the internal-reve nue laws, or of a ny other law. The seizure and forfeiture of any liquor or property under the provisions of this title, or under the provisions of Title III of the National Prohibition Act, and the disposition of such liquor or prop- erty subsequent to seizure and forfeiture, or the disposition of the proceeds fro nt the sale of such liquor or property, shall be in accord- ance with existing laws or those hereafter in existence relating to seizures, forfeitures, and disposition of property or proceeds, for violation of the internal-revenue laws. SEC. 9. The Commissioner, his assistants, agents, and inspectors, and all other officers, employees, or age nts of the United States, whose duty it is to enforce criminal laws, shall have all the rights, privileges, powers, and protection in the enforcement of the pro- visions of this title an d of Title III of the National Pro hibition Act, which are conferred by law for the enforcement of any laws in respect of the taxation, importation, exportation, transportation, manufacture, possession, or use of, or traffic in, intoxicating liquors. SEC. 10. Any person violating the provisions of this title or of any regulat ions issued there under, for which offense a special penalty is not prescribed, shall be liable to the penalty or penalties prescribed in section 15 of Title III of the National Prohibition Act. It shall be the duty of the prosecuting officer to ascertain, in the case of every violation of this title or the regulations made thereunder, for which o ffense a special penalty is not pr escribed, or of T itle III of the National Prohibition Act, or the regulations made thereunder, whether the defendant has been previously convicted and to plead the prior conviction in the affidavit, information, or indictment. SEC. 11. No person shall be excused, on the ground that it may ten d to incriminate him or subject hi m to a penalty or forfeiture, from attending and testifying, or producing books, papers, docu- ments, and other evidence in obedience to a subpena of any court in any suit or proce eding based upon or growing out of any alleged violation of this title or of Title III of the National Prohibition Act ; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing as to which, in obedience to a subpena and un der oath, he may so testify or produce evidence, but no person shall be exempt f rom prosecution and punishment for perjury committed in so testifying. SEC. 12. In case of a sale of liquor or denatured alcohol or denatured rum where the delivery thereof was ma de by a com- mon or other carrier the sale and delivery for purposes of prosecution or revocatio n of any permit sha ll be deem ed to be made in the co unty or di strict wh erein the delivery w as made b y such car - rier to the consignee, his agent or employee, or in the county or distric t wherein the sal e was made, or fr om which the ship ment was made, and prosecution for such sale or delivery may be had in any such county or district. SEC. 13 . In any affidavit, information, or indictment for the viola- tion of this title or of Title III of the National Prohibition Act, or of both, separate offenses may be united in separate counts and the defenda nt may be tried o n all at one tria l and the penalty for all 875 Issue of search war- rant. Vol.40,p .228;U.S. C.,p. 771 . Criminal and for- fe it ure provisions of inter nal-revenue laws not affected. Enf orc eme nt pro vi- sions. Vol. 41, p. 319. Pen al ty provisions. Vol. 41, p.321. Prior con victions. Comp ulsor y tes ti- mony. Vol.41,p.319 . Immunity from self- incrimination. Venue of actions w hen un law ful deliv- ery by carrier. Joind er of separat e offenses under one affi- davit, information, or indictment. Vol. 41, p. 319.