Page:United States Statutes at Large Volume 68A.djvu/737

 CH. 51—DISTILLED SPIRITS, WINES, AND BEER

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other container from which the marks or brands are so removed or defaced. SEC. 5676. PENALTIES RELATING TO BEER STAMPS. If stamps or other devices evidencing the tax on beer or indicating comphance with the provisions of this chapter, are required by the Secretary under section 5055, the following subsections shall apply— "

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(1) PENALTY FOR SALE, REMOVAL, OR RECEIPT WITHOUT PROPER

STAMP OR DEVICE.—Any brewer, or other person who sells, removes, receives, or purchases, or in any way aids in the sale, removal, receipt, or purchase of, any beer contained in any hogshead, barrel, keg, or other container from any brewery upon which the stamp, or device, in case of removal, has not been affixed, or on which a false or fraudulent stamp, or device, in case of removal, is affixed with knowledge that it is such, or on which a stamp, or device, in case of removal, once cancelled, is used a second time, shall be fined not more than $1,000, or imprisoned for not more than 1 year, or both. (2) PENALTY FOR WITHDRAWAL FROM IMPROPERLY STAMPED CONTAINERS OR WITHOUT DESTROYING STAMPS OR DEVICES. ANY

6 person who withdraws or aids in the withdrawal of any beer from ^- any hogshead, barrel, keg, or other container, without destroying or defacing the stamp or device affixed thereon, or withdraws or - aids in the withdrawal of any beer from any hogshead, barrel, keg, or other container, upon which the proper stamp or device has not been affixed or on which a false or fraudulent stamp or device is ji affixed, shall be fined not more than $1,000, or imprisoned not more -: than 1 year, or both. 1

(3) PENALTY FOR COUNTERFEITING STAMPS AND DEVICES AND TRAFFICKING IN USED STAMPS, OR DEVICES. Every p c r s O D w h o

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makes, sells, or uses any false or counterfeit stamp or device, or die for printing or making stamps or devices, which is in imitation of or purports to be a lawful stamp or device, or die of the kind mentioned in section 5055, or regulations issued pursuant thereto, or who procures the same to be done, and every person who shall remove, or cause to be removed, from any hogshead, barrel, keg, or other container of beer, any stamp or device required by regulations issued pursuant to section 5055, with intent to reuse such stamp or device, or who, with intent to defraud the revenue, knowingly uses, or permits to be used, any stamp or device removed from another hogshead, barrel, keg, or other container, or receives, buys, sells, gives away, or has in his possession any such stamp or device so removed, or makes any fraudulent use of any such stamp or device for beer, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.

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(4)

(5)

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FOR F E I T U R E OF UNSTAMPED CONTAINERS.—The ownership or

possession by any person of any beer in hogsheads, barrels, kegs, or other similar containers which do not bear the stamps or devices required by regulations issued pursuant to section 5055 shall render such hogsheads, barrels, kegs and other similar containers, and the beer contained therein, liable to seizure wherever found and to forfeiture. PENALTY FOR REMOVAL OR DEFACEMENT OF STAMPS, DEVICES

OR LABELS.—Every person who intentionally removes, alters or defaces any stamp, device or label required by section 5055 or § 5676(5) 49012°—54——47

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