Page:United States Statutes at Large Volume 49 Part 1.djvu/1973

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1928

74T H CONGR ESS . SESS. II. CHS. 814, 815. JUNE 25, 1936. [CHAP TER 814.] June 25, 1936 .

AN ACT [H. R. 8816.1 To modify section 20 of the Permanent Appropriation Repeal Act, 1934, with [Public, No . 806.1

referenc e to individ ual Indian m oney . Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That section 20 of the Permanent Appropriation Repeal Act, approved June 26, 1934 (48 Stat . 1233), shall not be applicable to funds held in trust for individual Indians, associations of individual Indians, or for Indian corporations chartered under the Act of June 18, 1934 (48 Stat . 984) . Approved, June 25, 1936 . Indian trust funds. Provisions of Perma- ne nt Appropriation Repeal Act, 1934, not to apply to certain . Vol . 48, pp. 988, 1233. [CHAPTER 815 .] AN ACT June 25, 1936 . [H. R. 8368.] To enforce the twenty-first amendment . [Public, No. 807.] Be it enacted by the Senate and House of Representatives of the Liquor Enforcement United States of America in Congress assembled, That this Act may Act of 1936 .

be cited as the "L iquor En forcement Act of 1936 ." Def initions .

SEC. 2 . (a) Wherever used in this Act the word "State" shall "State."

mean and include every State, Territory, and possession of the United States, unless otherwise specifically provided . "Vessel ."

(b) As used in this Act the word "vessel" includes every descrip- tion of water craft used, or capable of being used, as a means of "Vehicle."

transportation in water or in water and air ; and the word "vehicle" includes animals and every description of carriage or other con- trivance used, or capable of being used, as a means of transp orta- tion on land or through the air . B ringing intoxi cating SEC . 3 . (a) Whoever shall import, bring, or transport any intoxi- liquor into a State which forbids sale, etc . cating liqu or into an y State in which all sales (ex cept for s cientific, sacramental, medicinal, or mechanical purposes) of intoxicating liquor containing more than 4 per centum of alcohol by volume are excepted . ° uContinuous transit prohi bited , oth erwis e tha n in the c ourse of c ontin uous inter state trans porta tion throu gh su ch St ate, or at tempt so t o do, or a ssist in so doing, shall : (1) If such liquor is not accompanied by such permit or p ermits, li cense or l icenses th erefor as are now or hereafter required by the laws of such State ; or (2) if all importation, bring- ing, or transportation of intoxicating liquor into such State is pro- Penalty . hibited by the laws thereof ; be guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than one year, or both . State's defin ition o f

(b) In order to determine whether anyone importing, bringing, intoxicating v liquor to or transporting intoxicating liquor into any State, or anyone determine violation. attempting so to do, or assisting in so doing, is acting in violation of the provisions of this Act, the definition of intoxicating liquor con- tained in the laws of such State shall be applied, but only to the extent that sales of such intoxicating liquor (except for scientific, sacramental, medicinal, and mechanical purposes ) are prohibited in such State . seizures and forfei- SEC . 4. All intoxicating liquor involved in any violation of this trues .

Act, the containers of such intoxicating liquor, and every vehicle or vessel used in the transportation thereof, shall be seized and for- Internal-revenue feited . Such seizure and forfeiture, and the disposition of such laws made applicable' property subsequent to seizure and forfeiture, or the disposition of the proceeds from the sale of such property, shall be in accordance with existing laws or those hereafter in existence relating to seizures,