Page:United States Statutes at Large Volume 72 Part 1.djvu/1447

 72 S T A T. ]

PUBLIC LAW 85-859-SEPT. 2, 1958

compliance with this chapter and regulations issued pursuant thereto, shall be forfeited to the United States. "(b) UNSTAMPED CONTAINERS.—All distilled spirits found in any container required by this chapter or any regulations issued pursuant thereto to bear a stamp, which container is not stamped in compliance with this chapter and regulations issued pursuant thereto, shall be forfeited to the United States. "SEC. 5614. BURDEN OF PROOF IN CASES OF SEIZURE OF SPIRITS. "Whenever seizure is made of any distilled spirits found elsewhere than on the premises of a distilled spirits plant, or than in any warehouse authorized by law, or than in the store or place of business of a wiiolesale liquor dealer, or than in transit from any one of said places;. or of any distilled spirits found in any one of the places aforesaid, or in transit therefrom, which have not been received into or sent out therefrom in conformity to law, or in regard to which any of the entries required by law, or regulations issued pursuant thereto, to be made in respect of such spirits, have not been made at the time or in the manner required, or in respect to wiich any owner or person having possession, control, or charge of said spirits, has omitted to do any act required to be done, or has done or committed any act prohibited in regard to said spirits, the burden of proof shall be upon the claimant of said spirits to show that no fraud has been committed, and that all the requirements of the law in relation to the payment of the tax have been complied with. "SEC. 5615. PROPERTY SUBJECT TO FORFEITURE. "The following property shall be forfeited to the United States: "(1) UNREGISTERED STILL O DISTILLING APPARATUS.—Every still R or distilling apparatus not registered as required by section 5179, together with all personal property in the possession or custody or under the control of the person required by section 5179 to register the still or distilling apparatus, and found in the building or in any yard or inclosure connected with the building in which such still or distilling apparatus is set u p; and "(2)

DISTILLING APPARATUS REMOVED WITHOUT NOTICE OR SET UP

WITHOUT PERMIT.—Any still, boiler, or other vessel to be used for the purpose of distilling which is removed without notice having been given as required by section 5105(a) or which is set up without permit first having been obtained as required by such section; and "(3)

DISTILLING WITHOUT GIVING BOND OR AVITH INTENT TO

DEFRAUD.—Whenever any person carries on the business of a distiller without having given bond as required by law or gives any false, forged, or fraudulent bond; or engages in or carries on the business of a distiller with intent to defraud the United States of the tax on the distilled spirits distilled by him, or any part thereof; or after the time fixed in the notice declaring his intention to suspend work, filed under section 5221(a), carries on the business of a distiller on the premises covered by such notice, or has mash, wort, or beer on such premises, or on any premises connected therewith, or has in his possession or under his control any mash, wort, or beer, with intent to distill the same on such premises— " (A) all distilled spirits or wines, and all stills or other apparatus fit or intended to be used for the distillation or rectification of spirits, or for the compounding of liquors, owned by such person, wherever found; and " (B) all distilled spirits, wines, raw materials for the production of distilled spirits, and personal property found in the distillery or in any building, room, yard, or inclosure con-

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