Page:United States Statutes at Large Volume 41 Part 1.djvu/337

This page needs to be proofread.

316 SIXTY-SIXTH CONGRESS. Sess. I. Ch. 85. 1919. ood cause to the contrary is shown by the owner, shall order a sale D"P°°’·"°‘P‘°°°°dS· by public auction of the property seized, and the officer making the sale, after deducting the expenses of keeping the property, the fee for the seizure, and the cost of the sale, shall pay al liens, according to their priorities, which are established, by intervention or otherwise at said earing or in other proceeding brought for said purpose, as being bona Ede and as having been created without the lienor having any notice that the carrying vehicle was being used or was to be use for illegal transportation o liquor, and shall pay the balance of the procee s into the Treasury of the United States as miscellaneous receipts. All liens against propert sold under the provisions of this section shall be transferred from the property to the proceeds of the san of unnamed sale of the property. If, however, no one shall be ound claiming

°,,{‘§§§f’· °°°‘· “"° ‘ the team, vehicle, water or air craft, or automobile, the taking of the

same, with a description thereof, shall be advertised in some newspaper published in the city or coimty where taken or if there be no newspaper published in such city or county, in a newspaper having circ ation 111 the county, once a week for two weeks an by handbills posted in three public places near thplfplaee of seizure, and if no claimant shall appear within ten da s ter the last publication Disposelcfrrwwls- of the advertisement, the property shally be sold and the proceeds after deducting the expenses and costs shall be paid into the reasiuy _ of the United States as miscellaneous receipts. ,,§,‘§,‘f,',,°,§?{,,,,,,°‘,,, (§§‘$j Sec. 27. In all cases in which intoxicating liquors may be subject ggment ¤·1¤¤¤¤¤¤=¤. to be destroyed under the lprovisions of this Act the court shall have ` jurisdiction upon the app ication of the United States attorney to _ order them de 'vered to ugly department or agency of the United States

_““""’"’“’d Government for medicin , mechanical, or scientific uses, or to order

the same sold at private_sale for such puigoses to any person having a permit to upurchase liquor the procee s to be covered into the Treasury of e United States to the credit of miscellaneous receipts, Wglsveggggs ¤¤ pre and quor heretofore seized m any suit or brought for ' violation of law may likewise be so disposed 0 , if not claimed within sixty days from the date this section takes effect. w<g¤,g:g;x>¤w¤r<><1 Sec. 28. The commissioner, his assistants, agents, and inspectors, ` and all other omcers of the United States, whose duty it is to enforce criminal laws, shall have all the power and protection in the enforcement of this Act or aoqy provisions thereof which is conferred by law for the_ enforcement existing laws relatin to the manufacture or sale of intoxicating liquors under the law of tge United Sta_tes._ _ ,° u{•g;g{; Sec. 29. Any uperson who manufactures or sells liquor in violation selling. of this title sha for afirst offense be fined not more than $1,000, or imprisoned not exceeding six months, and for a second or subsequent offense shall be fined not less than $200 nor more than $2,000 and be impgsoned not than one month nor more than five years. ,3§’m“;*p$§;{;j*g_§j;g,g; y person violating the provisions of any perrn1t,_ or who makes nas mangas, ea. any false record, report or affidavit r uired b this title, or violates any of the provisions of this title, forewihich offyense a special penalty is not prescribed, shall be fined for a first offense not more than $500 ; for a second offense not less than $100 nor more than $1,000, or be imprisoned not more than ninety days; for any subsequent offense he shall be fined not less than $500 and be imprisoned not less than 4sc·»m;¤m•»¤: M three months nor more than two years, It shall be the duty of the ""°"’°”"‘°"‘”""‘ prosecuting officer to ascertain whether the defendant has been previously convicted and to plead the prior conviction in the affidavit, c£g¤;;;*¤{;§¤,§j]3lg information, or indictment. The penalties provided in this Act use duowéli. against the manufacture of liquor without a permit shall not apply to a person for manufacturing nonintoxicating cider and fruit juices exclusively for use in his home, but such cider and fruit juices shall not be sold or delivered except to persons having permits to manufacture vinegar.