Page:United States Statutes at Large Volume 68A.djvu/731

 CH. 51—DISTILLED SPIRITS, WINES, AND BEER

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law to be placed on any cask or package containing distilled spirits, shall forfeit $300 for each such cask or package, or any part thereof, so received or transported, or had in possession with the intent aforesaid; and every vessel, aircraft, railroad car, or other vehicle, and draft animal used in carrying or transporting the same, shall be forfeited to the United States. Every person who fails to efface and obliterate said mark, stamp, or brand, at the time of emptying such cask or package, or who receives any such cask or package, or any part thereof, with the intent aforesaid, or who transports the same, or knowingly aids or assists therein, or who removes any stamp provided by law from any cask or package containing, or which had contained, distilled spirits, without defacing and destroying the same at the time of such removal, or who aids or assists therein, or who has in his possession any such stamp so removed as aforesaid, or has in his possession any canceled stamp, or any stamp which has been used, or which purports to have been used, upon any cask or package of distilled spirits, shall be deemed guilty of a felony, and shall be fined not more than $10,000, and imprisoned not more than 5 years. SEC. 5637. PENALTY FOR CHANGING STAMPS OR SHIFTING SPIRITS.

Whenever any person changes or alters any stamp, mark, or brand on any cask or package containing distilled spirits, or puts into any cask or package spirits of greater strength than is indicated by the inspection-mark thereon, or fraudulently uses any cask or package having any inspection-mark or stamp thereon, for the purpose of selling other spirits, or spirits of quantity or quality different from the spirits previously inspected therein, he shall forfeit and pay the sum of $200 for every cask or package on which the stamp or mark is so changed or altered, or which is so fraudulently used, and shall be fined for each such offense not more than $1,000, and imprisoned not more than 1 year. SEC. 5638. PENALTY AND FORFEITURE FOR AFFIXING IMITATION STAMPS ON PACKAGES OF DISTILLED SPIRITS.

If any person shall affix, or cause to be affixed, to or upon any cask or package containing, or intended to contain, distilled spirits, any imitation stamp or other engraved, printed, stamped, or photographed label, device, or token, whether the same be designed as a trade mark, caution notice, caution, or otherwise, and which shall be in the similitude or likeness of, or shall have the resemblance or general appearance of, any internal revenue stamp required by law to be affixed to or upon any cask or package containing distilled spirits, he shall, for each offense, be liable to a penalty of $100, and, on conviction, shall be fined not more than $1,000, and imprisoned not more than 3 years, and the cask or package with its contents shall be forfeited to the United States. SEC. 5639. FORFEITURE OF DISTILLED CASKS OR PACKAGES.

SPIRITS

IN

UNSTAMPED

All distilled spirits found in any cask or package containing 5 gallons or more, without having thereon each mark and stamp required therefor by law, shall be forfeited to the United States. SEC. 5640. FORFEITURE OF SPIRITS IN UNSTAMPED CONTAINERS.

All distilled spirits found in any container required by this chapter to bear a stamp, which container is not stamped in compliance with §5640

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