Page:United States Statutes at Large Volume 72 Part 1.djvu/1446

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PUBLIC LAW 85-859-SEPT. 2, 1958

[72 S T A T.

shall be in the presence of at least one credible witness. The seizing officer shall make such report of said seizure and destruction and take such samples as the Secretary or his delegate may require. "(b) CLAIMS.—Within 1 year after destruction made pursuant to subsection (a) the owner of, including any person having an interest in, the property so destroyed may make application to the Secretary or his delegate for reimbursement of the value of such property. If the claimant establishes to the satisfaction of the Secretary or his delegate that— "(1) such property had not been used in violation of law; or "(2) any unlawful use of such property had been without his consent or knowledge, the Secretary or his delegate shall make an allowance to such claimant not exceeding the value of the property destroyed. "SEC. 5610. DISPOSAL OF FORFEITED EQUIPMENT AND MATERIAL FOR DISTILLING. "All boilers, stills, or other vessels, tools and implements, used in distilling or rectifying, and forfeited under any of the provisions of this chapter, and all condemned material, together with any engine or other machinery connected therewith, and all empty barrels, and all grain or other material suitable for fermentation or distillation, shall be sold at public auction or otherwise disposed of as the court in which such forfeiture was recovered shall in its discretion direct. "SEC. 5611. RELEASE OF DISTILLERY BEFORE JUDGMENT. "Any distillery or distilling apparatus seized on any premises qualified under this chapter, for any violation of law, may, in the discretion of the court, be released before final judgment to a receiver appointed by the court to operate such distillery or apparatus. Such receiver shall give bond, which shall be approved m open court, with corporate surety, for the full appraised value of all the property seized, to be ascertained by three competent appraisers designated and appointed by the court. Funds obtained from such operation shall be impounded as the court shall direct pending such final judgment. "SEC. 5612. FORFEITURE OF TAXPAID DISTILLED SPIRITS REMAINING ON BONDED PREMISES. " (a) GENERAL.—No distilled spirits on which the tax has been paid or determined shall be stored or allowed to remain on the bonded premises of any distilled spirits plant, under the penalty of forfeiture of all spirits so found. " (b) EXCEPTIONS.—Subsection (a) shall not apply in the case of— "(1) distilled spirits which have been bottled in bond under section 5233, and which are returned to bonded premises for rebottling, relabeling, or restamping in accordance with the provisions of section 5233(d); or "(2) distilled spirits in the process of prompt removal from bonded premises on payment or determination of the tax; or "(3) distilled spirits returned to bonded premises in accordance with the provisions of section 5215; or "(4) distilled spirits, held on bonded premises, on which the tax has become payable by operation of law, but on which the tax has not been paid. "SEC. 5613. FORFEITURE OF DISTILLED SPIRITS NOT STAMPED, MARKED, OR BRANDED AS REQUIRED BY LAW. " (a) UNMARKED OR UNBRANDED CASKS OR PACKAGES.—All distilled

spirits found in any cask or package required by this chapter or any regulation issued pursuant thereto to bear a mark, brand, or identification, which cask or package is not marked, branded, or identified in

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