Page:United States Statutes at Large Volume 49 Part 1.djvu/918

74TH CONGR ESS . SESS . I. CH . 740. AUGUST 27, 19 35 . the action of a grand jury . Section 1014 of the Revised Statutes is hereby made applicable in the enforcement of this title and of Title III of the National Prohibition Act . Officers mentioned in said section 1014 are authorized to issue search warrants under the limitations provided in title XI of the Act approved June 15, 1917 (40 Stat. 228; 18 U. S. C., sees. 611-633) . SEC. 4 . Any person who shall produce, withdraw, sell, transport, or use denatured alcohol, denatured rum, or articles in violation of laws or regu lations now or hereafte r in fo rce pert aining thereto, and all such denatured alcohol, denatured rum, or articles shall be subject to all provisions of law pertaining to alcohol that is not denatured, including those requiring the payment of tax thereon ; and the person so producing, withdrawing, selling, transporting, or using the de natured alcohol , denatu red rui n, or ar ticles shall be required to pay such tax . SEC. 5. Whenever the Commissioner has reason to believe that denatured alcohol, denatured rum, or articles do not correspond with the descriptions and limitations as to such alcohol, rum, or articles provided by law and regulations, lie shall cause an analysis of said alcohol, rum, or articles to be made, and if upon such analysis the Commissioner shall find that said alcohol, rum, or articles do not so correspond, he shall give not less than f ifteen days' notice in wr iting to the person who is the manufacturer thereof to show cause why said alcohol, rum, or articles should not be dealt with as other dis- tilled spirits, such notice to be served personally or by registered mail, as the Commissioner may determine, and shall specify the time when, the place where, and the name of the agent or official before whom such person is required to appear . If the manufacturer of said alcohol, rum, or articles fails to show to the satisfaction of the Commissioner that the alcohol, rum, or articles manufactured by him correspond to the descriptions and limitations as to such alcohol, rum, or articles provided by law and regulations, his permit to manufacture and sell the same shall be revoked . The manufacturer may by appropriate proceeding in a court of equity have the action of the Commissioner reviewed, and the court may affirm, modify, or reverse the finding of the Commissioner as the facts and law of the case may warrant, and during the pendency of such proceedings may restrain the manufacture, sale, or other dis- position of such alco hol, rum, or articles . SEC. 6 . No one shall manufacture alcohol, procure it tax fr ee, denature it, deal in or use specially denatured alcohol, recover com- pletely or specially denatured alcohol, or transport specially dena- tured or tax-free alcohol, without first obtaining a permit from the Commissioner so to do . All such permits may be issued for one year, and shall expire on the 31st day of December next succeeding the issua nce there of : Pr ovi de d, That the Commissio ner may without formal application or new bond extend any permit granted under this title or Title III of the National Prohibition Act after August 31 in any year to December 31 of the succeeding year . Pe rmits t o purcha se or p rocure s peciall y denatu red alc ohol and tax-free alcohol shall be issued in such terms and under such con- ditions as the Commissioner shall by regulation prescribe . No permit shall be issued to any person who, within one year prior to the application therefor or issuance thereof, shall not in good faith have conformed to the provisions of this title or Title III of the Nat ional P rohibiti on Act, or sha ll have violate d the te rms of any permit issued under this title or Title III of the National Pro- hibi tion Act, or m ade any f alse stat emen t in the appli cati on th eref or, or willf ully fail ed t o dis clos e any inf ormat ion requi red by re gula tion 873 R. S., see . 1014, p. 189 ; U. S. C., p. 770. Appli cabil ity . Search warrants ; is- sue of. Vol.40,p.228;U.S. C .,p.771 . Illegal production, et c., of alcohol, etc . Analysis of. Notice to manufac. turer . Service . Revocation of permit to manufacture . Review of revoking orde r. Pe rmits to manu . facture, denature, etc . , alcohol . Vol.41,p.319. Duration of ; expira- tion date . Proviso . Extensi on author- ized . Terms and con di- tions of issue . Restricti ons .