Imágenes de páginas

manner provided in section 5 hereof. During the pendency of such action such permit shall be temporarily revoked.

273 Fed. 188, U. S. v. Friedericks. 275 Fed. 615, Francis Drug Co. v. Potter. 277 Fed. 529, Bay State Wholesale Drug Co. v. Potter. 280 Fed. 432, In re Alpern.

SEC. 10. No person shall manufacture, purchase for sale, sell, or transport any liquor without making at the time a permanent record thereof showing in detail the amount and kind of liquor manufactured, purchased, sold, or transported, together with the names and addresses of the persons to whom sold, in case of sale, and the consignor and consignee in case of transportation, and the time and place of such manufacture, sale, or transportation. The commissioner may prescribe the form of such record, which shall at all times be open to inspection as in this Act provided.

266 Fed. 138, U. S. v. One Essex Touring Auto. 269 Fed. 33, U. S. v. Sacein Rouhana Farhat; 820, U. S. v. De Large. 270 Fed. 574, Dusold v. U. S.; 578, U. S. v. Kraus. 273 Fed. 188, U. S. v. Friedericks; 623. Ex parte Poole; 934, U. S. v. One Cole Aero Eight Auto. 275 Fed. 704, U. S. v. Beiner. 276 Fed. 544, Small Small Grain Dist. Co. v. Hamilton.


Permits part of

SEC. 11. All manufacturers and wholesale or retail druggists shall keep as a part of the records required of them a copy of all record. permits to purchase on which a sale of any liquor is made, and no manufacturer or wholesale druggist shall sell or otherwise dispose of any liquor except at wholesale and only to persons having permits to purchase in such quantities.

269 Fed. 33, U. S. v. Sacein Rouhana Farhat. 276 Fed. 544, Small Grain Dist. Co. v. Hamilton.

SEC. 12. All persons manufacturing liquor for sale under the provisions of this title shall securely and permanently attach to every container thereof, as the same is manufactured, a label stating name of manufacturer, kind and quantity of liquor contained therein, and the date of its manufacture, together with the number of the permit authorizing the manufacture thereof; and all persons possessing such liquor in wholesale quantities shall securely keep and maintain such label thereon; and all persons selling at wholesale shall attach to every package of liquor, when sold, a label setting forth the kind and quantity of liquor contained therein, by whom manufactured, the date of sale, and the person to whom sold; which label shall likewise be kept and maintained thereon until the liquor is used for the purpose for which such sale was authorized.

266 Fed. 248, U. S. v. Turner. 269 Fed. 33, U. S. v. Sacein Rouhana Farhat; 820, U. S. v. De Large. 273 Fed. 188, U. S. v. Friedericks. 275 Fed. 704, U. S. v. Beiner.


Carriers' rec

SEC. 13. It shall be the duty of every carrier to make a record at the place of shipment of the receipt of any liquor transported, ords. and he shall deliver liquor only to persons who present to the carrier a verified copy of a permit to purchase, which shall be made a part of the carrier's permanent record at the office from which delivery is made.

273 Fed. 188, U. S. v. Friedericks.

Oaths to con

The agent of the common carrier is hereby authorized to administer the oath to the consignee in verification of the copy of the signee. permit presented, who, if not personally known to the agent, shall be identified before the delivery of the liquor to him. The name and address of the person identifying the consignee shall be inIcluded in the record.

Labeling pack

SEC. 14. It shall be unlawful for a person to use or induce any carrier, or any agent or employee thereof, to carry or ship any ages. package or receptacle containing liquor without notifying the carrier of the true nature and character of the shipment. No carrier shall transport nor shall any person receive liquor from a carrier unless there appears on the outside of the package containing such liquor the following information:

Name and address of the consignor or seller, name and address of the consignee, kind and quantity of liquor contained therein,

Receipt by


and number of the permit to purchase or ship the same, together with the name and address of the person using the permit.

274 Fed. 99, One Truck Load of Whiskey v. U. S. 273 Fed. 188, U. S. v. Friedericks. 275 Fed. 680, Berry v. U. S.; 704, U. S. v. Beiner.

SEC. 15. It shall be unlawful for any consignee to accept or reconsignee of liq- ceive any package containing any liquor upon which appears a statement known to him to be false, or for any carrier or other person to consign, ship, transport, or deliver any such package, knowing such statement to be false.

Order to car

a person not a bona fide


273 Fed. 934, U. S. v. One Cole Aero Eight Auto. 275 Fed. 704, U. S. v. Beiner.

SEC. 16. It shall be unlawful to give to any carrier or any officer, rier to deliver to agent, or person acting or assuming to act for such carrier an order requiring the delivery to any person of any liquor or package containing liquor consigned to, or purporting or claimed to be consigned to a person, when the purpose of the order is to enable any person not an actual bona fide consignee to obtain such liquor.







275 Fed. 704, U. S. v. Beiner.

SEC. 17. It shall be unlawful to advertise anywhere or by any means or method, liquor, or the manufacture, sale, keeping for sale or furnishing of the same, or where, how, from whom, or at what price the same may be obtained. No one shall permit any sign or billboard containing such advertisement to remain upon one's premises. But nothing herein shall prohibit manufacturers and wholesale druggists holding permits to sell liquor from furnishing price lists, with description of liquor for sale, to persons permitted to purchase liquor, or from advertising alcohol in business publications or trade journals circulating generally among manufacturers of lawful alcoholic perfumes, toilet preparations, flavoring extracts, medicinal preparations, and like articles: Provided, however, That nothing in this Act, or in the Act making appropriations for the Post Office Department, approved March 3. 1917 (Thirty-ninth Statutes at Large, Part 1, page 1058, et seq.), shall apply to newspapers published in foreign countries when mailed to this country.

276 Fed. 544, Small Grain Dist Co. v. Hamilton.

SEC. 18. It shall be unlawful to advertise, manufacture, sell, or of manufacturing Possess for sale any utensil, contrivance, machine, preparation, compound, tablet, substance, formula direction, or recipe advertised, designed, or intended for use in the unlawful manufacture of intoxicating liquor.


Soliciting or


Right of action by injured per


269 Fed. 33, U. S. v. Sacein Rouhana Farhat. 275 Fed. 440, Duvall v. Dyche. 278 Fed. 163, Violette v. U. S. 280 Fed. 1, Reynolds v. U. S. 280 Fed. 950, Rossman v. U. S. 282 Fed. 575, Nosowitz v. U. S.; 731, U. S. v. Horton. U. S. v. Vito Lanza, 67 L. Ed. (Adv. 0.) 169, T. D. 3423. U. S. v. Stafoff, Jan. 2, 1923, unreported, Ú. S. —, T. D. 3424. 284 Fed. 416, McBride v. U. S.

SEC. 19. No person shall solicit or receive, nor knowingly permit his employee to solicit or receive, from any person any order for liquor or give any information of how liquor may be obtained in violation of this Act.

SEC. 20. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication, and in any such action such person shall have a right to recover actual and exemplary damages. In case of the death of either party, the action or right of action given by this section shall survive to or against his or her executor or administrator, and the amount so recovered by either wife or child shall be his or her sole and separate property. Such action may be brought in any court of competent jurisdiction. In any case where parents shall be entitled to such damages, either the father

or mother may sue alone therefor, but recovery by one of such parties shall be a bar to suit brought by the other.

Public and

SEC. 21. Any room, house, building, boat, vehicle, structure, or place where intoxicating liquor is manufactured, sold, kept, or common nuisance. bartered in violation of this title, and all intoxicating liquor and property kept and used in maintaining the same, is hereby declared to be a common nuisance, and any person who maintains such a common nuisance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or be imprisoned for not more than one year, or both. If a person has knowledge or reason to believe that his room, house, building, boat, vehicle, structure, or place is occupied or used for the manufacture or sale of liquor contrary to the provision of this title, and suffers the same to be so occupied or used, such room, house, building, boat, vehicle, structure, or place shall be subject to a lien for and may be sold to pay all fines and costs assessed against the person guilty of such nuisance for such violation, and any such lien may be enforced by action in any court having jurisdiction.

254 U. S. 88, Street v. Lincoln Safe Dep. Co., T. D. 3142. 265 Fed. 429, U. S. v. Schott. 266 Fed. 248, U. S. v. Turner. 268 Fed. 420, U. S. v. Cohen. 269 Fed. 33, U. S. v. Sacein Rouhana Farhat. 272 Fed. 911, Connelly v. Gardner; 41, Wiggins v. U. S. 273 Fed. 603, U. S. v. Burnside. 274 Fed. 470, U. S. v. One Cadillac Touring Car. 276 Fed, 122, Brown v. U. S.; 290, Baisch v. U. S.; 395, Gray v. U. S.; 711, Healey v. U. S.; 769, Cabiale v. U. S.; 806, Herine v. U. S.; 808, Kathriner v. U. S.; 816, Bechtold v. U. S. 278 Fed. 41, Page v. U. S.; 170, Samlin v. U. S.; 249, Central Consumers' Co. v. James; 388, U. S. v. Camarota; 421, Lewinsohn v. U. S., T. D. 3303; 429, Allen v. U. S.; 479, Pino v. U. S.; 611, Willis v. U. S.; 630, U. S. v. Dowling; 659, Ú. S. v. Eilert Brew. Co.; 677 U. S. v. Butler. 279 Fed. 107, Feigin v. U. S. 279 Fed. 132, U. S. v. Auto City Brew. Co.; 147, Ex parte Bride; 746, Yaffee v. U. S.; 280 Fed. 598, Carpenter v. U. S. 281 Fed. 131, Fresont v. U. S.; 143, Strada v. U. S. 282 Fed. 256, Reynolds v. U. S. 283 Fed. 855, Ú. S. v. Reinking. U. S. v. Hohenadel (D. C. Pa.), Oct. 4, 1922, unreported.


SEC. 22. An action to enjoin any nuisance defined in this title may be brought in the name of the United States by the Attorney nuisance. General of the United States or by any United States attorney or any prosecuting attorney of any State or any subdivision thereof or by the commissioner or his deputies or assistants. Such action shall be brought and tried as an action in equity and may be brought in any court having jurisdiction to hear and determine equity cases. If it is made to appear by affidavits or otherwise, to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary writ of injunction shall forthwith issue restraining the defendant from conducting or permitting the continuance of such nuisance until the conclusion of the trial. If a temporary injunction is prayed for, the court may issue an order restraining the defendant and all other persons from removing or in any way interfering with the liquor or fixtures, or other things used in connection with the violation of this Act constituting such nuisance. No bond shall be required in instituting such proceedings. It shall not be necessary for the court to find the property involved was being unlawfully used as aforesaid at the time of the hearing, but on finding that the material allegations of the petition are true, the court shall order that no liquors shall be manufactured, sold, bartered, or stored in such room, house, building, boat, vehicle, structure or place, or any part thereof. And upon judgment of the court ordering such nuisance to be abated, the court may order that the room, house, building, structure, boat, vehicle, or place shall not be occupied or used for one year thereafter; but the court may, in its discretion, permit it to be occupied or used if the owner, lessee, tenant, or occupant thereof shall give bond with sufficient surety, to be approved by the court making the order, in the penal and liquidated sum of not less than $500 nor more than $1,000, payable to the United States, and conditioned that intoxicating liquor will not thereafter be manufactured, sold, bartered, kept, or otherwise disposed of therein or thereon, and that he will pay all fines, costs, and dam




gers, etc.

ages that may be assessed for any violation of this title upon said property.

268 Fed. 420, U. S. v. Cohen. 278 Fed. 249, Central Consumers' Co. v. James; 421, Lewinsohn v. U. S., T. D. 3303; 429, Allen_v. U. S.; 479, Pino v. U. S.; 659, U. S. v. Eilert Brew. Co.; 677, U. S. v. Butler. 279 Fed. 132, U. S. v. Auto City Brew. Co. 280 Fed. 73, McGovern et al. v. U. S. 282 Fed. 606, Galligan v. U. S.; 857, Shore v. U. S. 283 Fed. 855, U. S. v. Reinking.

SEC. 23. That any person who shall, with intent to effect a sale against bootleg of liquor, by himself, his employee, servant, or agent, for himself or any person, company, or corporation, keep or carry around on his person, or in a vehicle, or other conveyance whatever, or leave in a place for another to secure, any liquor, or who shall travel to solicit, or solicit, or take, or accept orders for the sale, shipment, or delivery of liquor in violation of this title is guilty of a nuisance and may be restrained by injunction, temporary and permanent, from doing or continuing to do any of said acts or things.




275 Fed. 846, Pummilli v. Riordan. 278 Fed. 659, U. S. v. Eilert Brew. Co. 280 Fed. 683, Grossman v. U. S. 282 Fed. 606, Galligan v. U. S.

In such proceedings it shall not be necessary to show any intention on the part of the accused to continue such violations if the action is brought within sixty days following any such violation of the law.

For removing and selling property in enforcing this act the officer shall be entitled to charge and receive the same fee as the sheriff of the county would receive for levying upon and selling property under execution, and for closing the premises and keeping them closed a reasonable sum shall be allowed by the court.

Any violation of this title upon any leased premises by the lessee or occupant thereof shall, at the option of the lessor, work a forfeiture of the lease.

SEC. 24. In the case of the violation of any injunction, temporary junctions; con- or permanent, granted pursuant to the provisions of this title, tempt. the court, or in vacation a judge thereof, may summarily try and punish the defendant. The proceedings for punishment for contempt shall be commenced by filing with the clerk of the court from which such injunction issued information under oath setting out the alleged facts constituting the violation, whereupon the court or judge shall forthwith cause a warrant to issue under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses. Any person found guilty of contempt under the provisions of this section shall be punished by a fine of not less than $500, nor more than $1,000, or by imprisonment of not less than thirty days nor more than twelve months, or by both fine and imprisonment.


Search war


Private dwelling exempted.

278 Fed. 421, Lewinsohn v. U. S., T. D. 3303; 429, Allen v. U. S. 282 Fed. 606, Galligan v. U. S.

SEC. 25. It shall be unlawful to have or possess any liquor or property designed for the manufacture of liquor intended for use in violating this title or which has been so used, and no property rights shall exist in any such liquor or property. A search warrant may issue as provided in Title XI of public law numbered 24 of the Sixty-fifth Congress, approved June 15, 1917, and such liquor, the containers thereof, and such property so seized shall be subject to such disposition as the court may make thereof. If it is found that such liquor or property was so unlawfully held or possessed, or had been so unlawfully used, the liquor and all property designed for the unlawful manufacture of liquor shall be destroyed unless the court shall otherwise order. No search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, or boarding house. The term "private dwelling" shall be construed to include the room or rooms used and occupied not transiently but solely as a residence in an apartment house, hotel, or boarding house. The property

seized on any such warrant shall not be taken from the officer seizing the same on any writ of replevin or other like process.

257 U. S. 491, Corneli v. Moore, T. D. 3317. 254 U. S. 88, Street v. Lincoln Safe Dep. Co., T. D. 3142. 256 U. S. 450, U. S. v. Yuginovich, T. D. 3205. 264 Fed. 459, U. S. v. Crossen. 265 Fed. 839, U. S. v. Michalski. 266 Fed. 248, U. S. v. Turner. 267 Fed. 581, U. S. v. Masters; 856, U. S. v. Friedman. 268 Fed. 392, U. S. v. Puhac; 397, U. S. v. Dodson; 417, U. S. v. Stafoff, affirmed Jan. 2, 1923, unreported, U. S. T. D. 3424; 652, U. S. v. Mozzone; 694, The Goodhope. 269 Fed. 33, U. S. v. Sacein Rouhana Farhat; 820 U. S. v. De Large. 270 Fed. 291, U. S. v. Metzger; 818, U. S. v. Slusser. 271 Fed. 120, U. S. v. Marquette. 272 Fed. 484, U. S. v. Kelih. 273 Fed. 279, U. S. v. Viess; 600, U. S. v. O'Dowd; 623, U. S. v. Burnside. 274 Fed. 128, U. S. v. Mitchell; 208, Tisch v. U. S.; 245, U. S. v. Mathie; 473, U. S. v. One Hudson Touring Car. 275 Fed. 49, Holmes v. U. S.; 142, Dukes v. U. S.; 440, Duvall v. Dyche; 506, U. S. v. Armstrong; 509, Connelly v. U. S.; 615, Francis Drug Co. v. Potter; 1004, U. S. v. Ray & Schultz. 276 Fed. 32, O'Connor v. Potter; 57, Ex parte Swift; 277 Fed. 75, U. S. v. Falloco; 410, U. S. v. 2,000 Cases (Aquino); 459, U. S. v. Page; 485, U. S. v. Kelly. 278 Fed. 41, Page v. U. S.; 177, Torrey v. U. S.; 231, U. S. v. Bateman; 249, Central Consumers' Co. v. James; 308, U. S. v. Alexander; 388, U. S. v. Camarota; 429, Allen v. U. S.; 650, U. S. v. Snyder; 949, In re Mobile. 279 Fed. 131, Diligannis v. Mitchell. 279 Fed. 556, Biddle v. Moreno. 280 Fed. 5, Lewis v. U. S. 280 Fed. 126, U. S. v. Everson; 432, In re Alpern; 950, Rossman v. U. S. 281 Fed. 131, Presont v. U. S.; 207, U. S. v. Bookbinder; 249, U. S. v. Cleveland; 396, O'Connor v. U. S.; 550, Petition of Barber. 282 Fed. 731, U. S. v. Horton; 942, Queck v. Hawker. (D. C. Ky.) Sept. 14, 1922, unreported, U. S. v. 993 Cases of Old Tucker Whisky. 283 Fed. 35, Vachina v. U. S. 284 Fed. 208, Giles v. U. S.; 394, U. S. v. One Packard Motor Truck. U. S. v. Hilsinger (D. C. Ohio), Oct. 26, 1922, unreported.

Seizing means

Destruction of

SEC. 26. When the commissioner, his assistant, inspectors, or any officer of the law shall discover any person in the act of of transportation. transporting in violation of the law, intoxicating liquors in any wagon, buggy, automobile, water or air craft, or other vehicle, it shall be his duty to seize any and all intoxicating liquors found therein being transported contrary to law. Whenever intoxicating liquors transported or possessed illegally shall be seized by an officer he shall take possession of the vehicle and team or automobile, boat, air or water craft, or any other conveyance, and shall arrest any person in charge thereof. Such officer shall at once proceed against the person arrested under the provisions of this title in any court having competent jurisdiction; but the said vehicle or conveyance shall be returned to the owner upon execution by him of a good and valid bond, with sufficient sureties, in a sum double the value of the property, which said bond shall be approved by said officer and shall be conditioned to return said property to the custody of said officer on the day of trial to abide the judgment of the court. The court upon conviction of the person so arrested shall order the liquor destroyed, and unless good seized liquor. cause to the contrary is shown by the owner, shall order a sale 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 all liens, according to their priorities, which are established, by intervention or otherwise, at said hearing or in other proceeding brought for said purpose, as being bona fide and as having been created without the lienor having any notice that the carrying vehicle was being used or was to be used for illegal transportation of liquor, and shall pay the balance of the proceeds into the Treasury of the United States as miscellaneous receipts. All liens against property sold under the provisions of this section shall be transferred from the property to the proceeds of the sale of the property. If, however, no one shall be found claiming the team, vehicle, water or air craft, or automobile, the taking of the same, with a seized property. description thereof, shall be advertised in some newspaper published in the city or county where taken, or if there be no newspaper published in such city or county, in a newspaper having circulation in the county, once a week for two weeks, and by handbills posted in three public places near the place of seizure, and



if no claimant shall appear within ten days after the last publica- Disposition of tion of the advertisement, the property shall be sold and the proceeds.

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