Public Law 348.

6,885 words·~31 min read·/statutes-at-large/vol-49/public-law-348·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/74/347).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Liquor Law Repeal and Enforcement Act. That this Act may be cited as the “Liquor Law Repeal and Enforcement Act”. TITLE ITitle I. Section 1. National Prohibition Act; repeals.Vol. 41, p. 305; [U. S. C., p. 1217](/us/usc/p1217).*Post*, p. 1964. Titles I and II of the National Prohibition Act, approved October 28, 1919 (41 Stat. 305), and all laws amendatory of, or supplementary to, the National Prohibition Act, are hereby repealed.

Sec. 2. Vol. 41, p. 319; [U. S. C., p. 1220](/us/usc/p1220).Definitions. When used in this title or in Title III of the National Prohibition Act—

(1)“Person.” The word “person” shall mean and include natural persons, firms, partnerships, corporations, and associations;

(2)“Commissioner.” The word “Commissioner” shall mean Commissioner of Internal Revenue;

(3)“Application.” The term “application” shall mean a formal written request supported by a verified statement of facts showing that the Commissioner may grant the request;

(4)“Permit.” The term “permit” shall mean a formal written authorization by the Commissioner setting forth specifically therein the things that are authorized;

(5)“Bond.” The term “bond” shall mean an obligation authorized or required by or under this title or Title III of the National Prohibition Act, or any regulation thereunder, executed in such form and for such penal sum as may be required by the Commissioner or prescribed by regulation;

(6)“Regulation.” The term‘‘ regulation” shall mean any regulation prescribed by the Commissioner with the approval of the Secretary of the Treasury for carrying out the provisions of this title or of Title III of the National Prohibition Act, and the Commissioner is authorized to make such regulations.

(7)“Articles.” The term “articles” shall mean any substance or preparation in the manufacture of which denatured alcohol or denatured rum is used. Any Act authorized by this title or by Title III of the National Prohibition Act to be done by the Commissioner may be performed by any assistant or agent designated by him for that purpose. Records, reports, or returns required to be filed with the Commissioner may be filed with an Assistant Commissioner or other person designated by the Commissioner to receive such records, reports, or returns. Sec. 3. Violations of this title and of Title III of National Prohibition Act; investigations and reports.Prosecution of offenders.Vol. 41, p. 319. The Commissioner, his assistants, agents, and inspectors, shall investigate and report violations of this title and of Title III of the National Prohibition Act to the United States attorney for the district in which committed, who is hereby charged with the duty of prosecuting the offenders, subject to the direction of the Warrants; issue of.Attorney General, as in the case of other offenses against the laws of the United States; and the Commissioner, his assistants, agents, and inspectors, may swear out warrants before United States com-missioners or other officers or courts authorized to issue the same for the apprehension of such offenders, and may, subject to the control of the said United States attorney, conduct the prosecution at the committing trial for the purpose of having the offenders held for 873the action of a grand jury. Section 1014 of the Revised Statutes is hereby made applicable in the enforcement of this title and of[R. S., sec. 1014, p. 189](/us/rs/s1014/p189); [U. S. C., p. 770](/us/usc/p770).Applicability.Search warrants; issue of.Vol. 40, p. 228; [U. S. C., p. 771](/us/usc/P771). 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., secs. 611–633). Sec. 4. Any person who shall produce, withdraw, sell, transport,Illegal production, etc., of alcohol, etc. or use denatured alcohol, denatured ruin, or articles in violation of laws or regulations now or hereafter in force pertaining 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 denatured alcohol, denatured rum, or articles shall be required to pay such tax. Sec. 5. Whenever the Commissioner has reason to believe thatAnalysis of. 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, he 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 fifteen days’ notice in writingNotice to manufacturer. 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 registeredService. 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 toRevocation of permit to manufacture. 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. TheReview of revoking order. 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 alcohol, rum, or articles. Sec. 6. No one shall manufacture alcohol, procure it tax free,Permits to manufacture, denature, etc., alcohol.Vol. 41, p. 319. denature it, deal in or use specially denatured alcohol, recover completely or specially denatured alcohol, or transport specially denatured or tax-free alcohol, without first obtaining a permit from the Commissioner so to do. All such permits may be issued for oneDuration of; expiration date. year, and shall expire on the 31st day of December next succeeding the issuance thereof: *Provided*, That the Commissioner may without*Proviso*.Extension authorized. 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. Permits to purchase or procure specially denatured alcohol andTerms and conditions of issue. tax-free alcohol shall be issued in such terms and under such conditions as the Commissioner shall by regulation prescribe. No permit shall be issued to any person who, within one year priorRestrictions. 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 National Prohibition Act, or shall have violated the terms of any permit issued under this title or Title III of the National Prohibition Act, or made any false statement in the application therefor, or willfully failed to disclose any information required by regulation 874to be furnished, or violated any law of the United States relating to intoxicating liquor, or willfully violated any law of any State, Territory or possession of the United States or of the District of Columbia relating to intoxicating liquor. Permits; contents of.Every permit shall be in writing, dated when issued, and signed by the Commissioner or his authorized agent. It shall give the name and address of the person to whom it is issued and shall designate and limit the acts that are permitted and the time when and Application for.place where such acts may be performed. No permit shall be issued until a verified, written application shall have been made therefor, setting forth the qualification of the applicant and the purpose for which the alcohol or denatured alcohol is to be used. Form of.The Commissioner may prescribe the form of all permits and Bond.applications and the facts to be set forth therein. Before any permit is granted, the Commissioner may require a bond in such form and amount as he may prescribe to insure compliance with the terms of the permit and the provisions of this title and of Title III of the Review of order denying issue of.National Prohibition Act. In the event of the refusal by the Commissioner of any application for a permit, the applicant may have a review of his decision before a court of equity in the manner provided in section 5 of this title. Sec. 7. Complaints alleging violation of permits. Vol. 41, p. 319. If at any time there shall be filed with the Commissioner a complaint under oath setting forth facts showing, or if the Commissioner has reason to believe, that any person who has a permit is not in good faith conforming to the provisions of this title, or of Title III of the National Prohibition Act, or has violated the terms of such permit, or has made any false statement in the application therefor, or has willfully failed to disclose any information required by regulation to be furnished, or has violated any law of the United States or of any State, Territory, or possession of the United States or of the District of Columbia relating to intoxicating liquor,Citation for appearance. the Commissioner or his agent shall immediately issue an order citing such person to appear before him on a day named not more than thirty and not less than fifteen days from the date of service upon such permittee of a copy of the citation, which citation shall be accompanied by a copy of such complaint, or in the event that the proceedings be initiated by the Commissioner, with a statement of the facts constituting the violation charged, at which time Hearings.a hearing shall be had unless continued for cause. Such hearings shall be held within the judicial district and within fifty miles of the place where the offense is alleged to have occurred, unless the Revocation of permit when allegations of complaint sustained.parties agree on another place. If it be found that such person is not in good faith conforming to the provisions of this title, or of Title III of the National Prohibition Act, or has violated the terms of his permit, or made any false statement in the application therefor, or willfully failed to disclose any information required by regulation to be furnished, or violated any law of the United States relating to intoxicating liquor, or willfully violated any law of any State, Territory, or possession of the United States or of the District of Columbia relating to intoxicating liquor, such permit shall be revoked, and no permit shall be granted to such person within one Review of revoking order.year thereafter. Should the permit be revoked by the Commissioner, the permittee may have a review of his decision before a court of equity in the manner provided in section 5 of this title. During the pendency of such action such permit shall be temporarily revoked. Sec. 8. Possession of liquor or property intended for unlawful use.Vol. 41, p. 319. It shall be unlawful to have or possess any liquor or property intended for use in violating the provisions of this title, or of Title III of the National Prohibition Act, or the internal-revenue 875laws, or regulations prescribed under such title or laws, 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 the Act approved June 15, 1917 (40 Stat. 228; 18 U. S. C.,Issue of search warrant.Vol. 40, p. 228; [U. S. C., p. 771](/us/usc/p771).Criminal and forfeiture provisions of internal-revenue laws not affected. secs. 611–633), for the seizure of such liquor or property. Nothing in this section shall in any manner limit or affect any criminal or forfeiture provision of the internal-revenue laws, or of any other law. The seizure and forfeiture of any liquor or property under the provisions of this title, or under the provisions of Title III of the National Prohibition Act, and the disposition of such liquor or property subsequent to seizure and forfeiture, or the disposition of the proceeds from the sale of such liquor or property, shall be in accordance with existing laws or those hereafter in existence relating to seizures, forfeitures, and disposition of property or proceeds, for violation of the internal-revenue laws. Sec. 9. The Commissioner, his assistants, agents, and inspectors,Enforcement provisions.Vol. 41, p. 319. and all other officers, employees, or agents of the United States, whose duty it is to enforce criminal laws, shall have all the rights, privileges, powers, and protection in the enforcement of the provisions or this title and of Title III of the National Prohibition Act, which are conferred by law for the enforcement of any laws in respect of the taxation, importation, exportation, transportation, manufacture, possession, or use of, or traffic in, intoxicating liquors. Sec. 10. Any person violating the provisions of this title or of anyPenalty provisions. regulations issued thereunder, for which offense a special penalty is not prescribed, shall be liable to the penalty or penalties prescribedVol. 41, p. 321. in section 15 of Title III of the National Prohibition Act. It shallPrior convictions. be the duty of the prosecuting officer to ascertain, in the case of every violation of this title or the regulations made thereunder, for which offense a special penalty is not prescribed, or of Title III of the National Prohibition Act, or the regulations made thereunder, whether the defendant has been previously convicted and to plead the prior conviction in the affidavit, information, or indictment. Sec. 11. No person shall be excused, on the ground that it mayCompulsory testimony.Vol. 41, p. 319. tend to incriminate him or subject him to a penalty or forfeiture, from attending and testifying, or producing books, papers, documents, and other evidence in obedience to a subpena of any court in any suit or proceeding based upon or growing out of any alleged violation of this title or of Title in of the National Prohibition Act; but no natural person shall be prosecuted or subjected toImmunity from self-incrimination. any penalty or forfeiture for or on account of any transaction, matter, or thing as to which, in obedience to a subpena and under oath, he may so testify or produce evidence, but no person shall be exempt from prosecution and punishment for perjury committed in so testifying. Sec. 12. In case of a sale of liquor or denatured alcoholVenue of actions when unlawful delivery by carrier. or denatured rum where the delivery thereof was made by a common or other carrier the sale and delivery for purposes of prosecution or revocation of any permit shall be deemed to be made in the county or district wherein the delivery was made by such carrier to the consignee, his agent or employee, or in the county or district wherein the sale was made, or from which the shipment was made, and prosecution for such sale or delivery may be had in any such county or district. Sec. 13. In any affidavit, information, or indictment for the violationJoinder of separate offenses under one affidavit, information, or indictment.Vol. 41, p. 319. of this title or of Title HI of the National Prohibition Act, or of both, separate offenses may be united in separate counts and the defendant may be tried on all at one trial and the penalty for all 876Pleadings.offenses may be imposed. It shall not be necessary in any affidavit, information, or indictment to give the name of the purchaser or to include any defensive negative averments, but it shall be sufficient to state that the act complained of was then and there prohibited and unlawful, but this provision shall not be construed to preclude the trial court from directing the furnishing the defendant a bill of particulars when it deems it proper to do so. Sec. 14. Records and reports; inspection of.Vol. 41, p. 319. All records and reports kept or filed under the provisions of this title or of Title III of the National Prohibition Act, and all liquor or property to which such Introduction of certified copies of, in evidence.records or reports relate, shall be subject to inspection at any reasonable hour by the Commissioner or any of his agents or by any public prosecutor or by any person designated by him, or by any peace officer in the State where the records or reports are kept, and copies of such records and reports duly certified by the person with whom kept or filed may be introduced in evidence with like effect as the originals thereof, and verified copies of such records shall be furnished to the Commissioner when called for. Sec. 15. Conviction as bar to prosecution under other act.Vol. 41, p. 319. If any act or offense is a violation of this title or of Title III of the National Prohibition Act, and also of any other law in regard to the manufacture or taxation of, or traffic in, intoxicating liquor, a conviction for such act or offense under the one shall be a bar to prosecution therefor under the other. Sec. 16. Exemption from tax payments. If distilled spirits upon which the internal-revenue tax has not been paid are lost by theft, accidental fire, or other casualty Vol. 41. p. 456; [U. S. C., p. 2212](/us/usc/p2212)Vol. 41, p. 988; [U. S. C., p. 2062](/us/usc/p2062).while in possession of a common carrier subject to the Transportation Act of 1920 or the Merchant Marine Act, 1920, or if lost by theft from a distillery or other bonded warehouse, and it shall be made to appear to the Commissioner that such losses did not occur as the result of negligence, connivance, collusion, or fraud on the part of the owner or person legally accountable for such distilled spirits, no tax shall be assessed or collected upon the distilled spirits so lost, nor shall any tax penalty be imposed or collected by reason of such loss, but the exemption from the tax and penalty shall only be allowed to the extent that the claimant is not indemnified against or recompensed for such loss. This provision shall apply to any claim for taxes or tax penalties that may have accrued since the passage of the National Prohibition Act or that may accrue hereafter. Nothing in this section shall be construed as in any manner limiting or restricting the provisions of Title III of the National Prohibition Act. Sec. 17. Vol. 41, p. 319; [U. S. C., p. 1221](/us/usc/p1221). Section 3 of Title III of the National Prohibition Act (41 Stat. 319; 27 U. S. C., sec. 73) is amended to read as follows:" Establishment of warehouses.*Post*, p. 1957.“Warehouses for the storage and distribution of alcohol may be established upon filing of application and bond, and issuance of permit at such places, either in connection with the manufacturing plant or elsewhere, as the Commissioner may determine; and the entry and storage of alcohol therein, and the withdrawals of alcohol therefrom shall be made in such containers and by such means as the Commissioner by regulation may prescribe.” " Sec. 18. Vol. 41, p. 321; [U. S. C., p. 1221](/us/usc/p1221). Section 11 of Title III of the National Prohibition Act (41 Stat. 321; 27 U. S. C., sec. 81) is amended to read as follows:" Withdrawal of alcohol for denaturation; tax free.*Post*, p. 1957. “Alcohol produced at any industrial alcohol plant or stored in any bonded warehouse may, under regulations, be withdrawn tax free as provided by existing law from such plant or warehouse for transfer to any denaturing plant for denaturation, or may, under regulations, before or after denaturation, be removed from any such plant or warehouse for any lawful tax-free purpose. 877 “Spirits of less proof than one hundred and sixty degrees may,Spirits of less proof than 160 degrees. under regulations, be deemed to be alcohol for the purpose of denaturation, under the provisions of this title. “Alcohol may be withdrawn, under regulations, from any industrialWithdrawals by United States, etc. plant or bonded warehouse tax free by the United States or any governmental agency thereof, or by the several States and Territories or any municipal subdivision thereof or by the District of Columbia, or for the use of any scientific university or college of learning, any laboratory for use exclusively in scientific research, or for use in any hospital or sanitarium. “But any person permitted to obtain alcohol tax free, except thePermits required. United States and the several States and Territories and subdivisions thereof, and the District of Columbia, shall first apply for and secure a permit to purchase the same and give the bonds prescribed under section 6 of the Liquor Law Repeal and Enforcement Act, but alcohol withdrawn for nonbeverage purposes for use of the United States and the several States, Territories and subdivisions thereof, and the District of Columbia may be purchased and withdrawn subject only to such regulations as may be prescribed.” " TITLE II Section 201. Any officer, agent, or employee of the United StatesIllegal searches of private dwellings. engaged in the enforcement of any law of the United States who shall search any private dwelling used and occupied as such dwelling without a warrant directing such search, or who, while engaged in such enforcement, shall without a search warrant maliciously and without reasonable cause search any other building or property, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for a first offense not more than $1,000, and for a subsequentPenalty. offense not more than $1,000, or imprisoned not more than one year, or both such fine and imprisonment: *Provided*, That nothing herein*Proviso*.Exemptions. contained shall apply to any officer, agent, or employee of the United States serving a warrant of arrest, or arresting or attempting to arrest any person committing or attempting to commit an offense in the presence of such officer, agent, or employee, or who has committed, or who is suspected on reasonable grounds of having committed, a felony. Whoever not being an officer, agent, or employee of the UnitedSearches and arrests by person falsely representing himself as officer. States shall falsely represent himself to be such officer, agent, or employee, and in such assumed character shall arrest or detain any person or shall in any manner search the person, buildings, or other property of any person, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisoned for not morePenalty. than one year, or by both such fine and imprisonment. Sec. 202

(a)The Act of March 22, 1933 (48 Stat. 16), entitledVol, 48, p. 16; [U. S. C., p. 1167](/us/usc/p1167). “An Act to provide revenue by the taxation of certain nonintoxicating liquors, and for other purposes”, is hereby repealed.

(b)The shipment or transportation, in any manner or by anyShipment of intoxicating liquor into State in violation of its laws, prohibited.Vol. 37, p. 699; [U. S. C., p. 1223](/us/usc/p1223). means whatsoever, of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place non-contiguous to but subject to the jurisdiction thereof, which said spirituous, vinous, malted, fermented, or other intoxicating liquor 878is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, is hereby prohibited. Sec. 203. Vol. 40, p. 82; [U. S. C., p. 294](/us/usc/p294). Section 12 of the Act of May 18, 1917 (40 Stat. 76), entitled “An Act to authorize the President to increase temporarily the Military Establishment of the United States”, as amended, is hereby repealed. Sec. 204. Forfeiture of vehicles or aircraft seized for violation of internal-revenue laws.

(a)Whenever, in any proceeding in court for the forfeiture, under the internal-revenue laws, of any vehicle or aircraft seized for a violation of the internal-revenue laws relating to liquors, such forfeiture is decreed, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture.

(b)Claims for remission or mitigation: proof to be submitted by claimant. In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until he proves

(1)that he has an interest in such vehicle or aircraft, as owner or otherwise, which he acquired in good faith,

(2)that he had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of any State relating to liquor, and

(3)if it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or of any State relating to liquor has a right with respect to such vehicle or aircraft, that, before such claimant acquired his interest, or such other person acquired his right under such contract or agreement, whichever occurred later, the claimant, his officer or agent, was informed in answer to his inquiry, at the headquarters of the sheriff, chief of police, principal Federal internal-revenue officer engaged in the enforcement of the liquor laws, or other principal local or Federal law-enforcement officer of the locality in which such other person acquired his right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation.

(c)Return of vehicle or aircraft. Upon the request of any claimant whose claim for remission or mitigation is allowed and whose interest is first in the order of priority among such claims allowed in such proceeding and is of an amount in excess of, or equal to, the appraised value of such vehicle or aircraft, the court shall order its return to him; and, upon the joint request of any two or more claimants whose claims are allowed and whose interests are not subject to any prior or intervening interests claimed and allowed in such proceedings, and are of a total amount in excess of, or equal to, the appraised value of such vehicle or aircraft, the court shall order its return to such of the Payment of expenses incurred by United States.Disposition of vehicles, etc., not returned.joint requesting claimants as is designated in such request. Such return shall be made only upon payment of all expenses incident to the seizure and forfeiture incurred by the United States. In all other cases the court shall order disposition of such vehicle or aircraft as provided in title 3 of this Act, and if such disposition be by public sale, payment from the proceeds thereof, after satisfaction of all such expenses, of any such claim in its order of priority among the claims allowed in such proceedings.

(d)Delivery to claimant. In any proceeding in court for the forfeiture under the internal-revenue laws of any vehicle or aircraft seized for a violation of the internal-revenue laws relating to liquor, the court shall order 879delivery thereof to any claimant who shall establish his right to theBond required. immediate possession thereof, and shall execute, with one or more sureties approved by the court, and deliver to the court, a bond to the United States for the payment of a sum equal to the appraised value of such vehicle or aircraft. Such bond shall be conditioned to return such vehicle or aircraft at the time of the trial and to pay the difference between the appraised value of such vehicle or aircraft as of the time it shall have been so released on bond and the appraised value thereof as of the time of trial; and conditioned further that, if the vehicle or aircraft be not returned at the time of trial, the bond shall stand in lieu of, and be forfeited in the same manner as, such vehicle or aircraft. Notwithstanding the provisionsRefusal to order delivery. of this subsection or any other provisions of law relating to the delivery of possession on bond of vehicles or aircraft sought to be forfeited under the internal-revenue laws, the court may, in its discretion and upon good cause shown by the United States, refuse to order such delivery of possession. TITLE III Section 301. As used in this title—Definitions.

(1)“Property” means all personal property, including but not“Property.” limited to vessels, vehicles, and aircraft;

(2)“Agency” includes any executive department, independent“Agency.” establishment, board, commission, bureau, service, or division of the United States, and any corporation in which the United States owns all or a majority of the stock.

(3)“Director” means the Director of the Procurement Division“Director.” of the Treasury Department of the United States. Sec. 302. In the event that any property is or has been voluntarilyAbandoned properly; disposition. abandoned to any agency in such manner as to vest title thereto in the United States, it may be retained by such agency and devoted to official use only. If such agency shall not desire so to retain such property, the head thereof shall forthwith notify the Director to that effect, and the Director shall, within a reasonable time—

(a)order’ such agency to deliver the property to any other agency which requests and in his judgment should be given the property, or

(b)order disposal of the property as otherwise provided by law. Sec. 303. In the event that any property seized by any agency isSeized property forfeited to United States; disposition. or has been forfeited to the United States otherwise than by court decree, it may, in the event that the property is not ordered by competent authority to be returned to any claimant, and in lieu of being disposed of as otherwise provided by law (including advertisement for sale, and sale), be retained by such agency and devoted to official use only. If such agency shall not desire so to retain such property,When seizing agency does not desire to retain. the head thereof shall forthwith notify the Director to that effect, and such property shall—

(a)in the event that it is not ordered by competent authority to be returned to any claimant, and in lieu of being disposed of as otherwise provided by law (including advertisement for sale, and sale), be delivered by such agency, upon order of the Director given within a reasonable time, to any other agency which requests and in the judgment of the Director should be given the property, or

(b)upon order of the Director given within a reasonable time, be disposed of as otherwise provided by law. 880 Sec. 304. Notification when property seized; request for use. In the event that proceedings are or have been commenced for the forfeiture of any property by court decree, the agency which seized such property shall forthwith notify the Director and may at the same time file with him a request for such Application for property to court.property for its official use. The Director shall, before entry of **a **decree, apply to the court to order delivery of such property—

(a)to the agency filing such request; or

(b)if no such request has been filed, to any other agency which requests and in the judgment of the Director should be given such property; or

(c)if the agency which seized such property has not requested it, and no other agency has requested and in the judgment of the Director should be given such property, and if in the judgment of the Director the property may later become necessary to any agency for official use, to the seizing agency to be retained in its custody. Thereafter, the Director shall, within a reasonable time, order such agency to deliver the property to any other agency which requests and in his judgment should be given such property, or to dispose of it as otherwise provided by law, and if forfeiture thereof is decreed, the court shall, in the event that the property is not ordered by competent authority to be returned to any claimant, order delivery accordingly. All the property for which no such application is made shall be disposed of by the court in accordance with law. Sec. 305. Appropriations available for maintenance of seized property.*Post*, p. 1833. The appropriation available to any agency for the purchase, hire, operation, maintenance, and repair of property of any kind shall be available for the payment of expenses of operation, maintenance, and repair of property of the same kind received by Other expenses.it under any provision of this title for official use; for the payment of any lien recognized and allowed pursuant to law, and for the payment of all moneys found to be due any person upon the duly authorized remission or mitigation of any forfeiture; and for reimbursement of other agencies as hereafter provided. The costs of hauling, transporting, towing, and storage of such property shall be paid by the agency which has seized such property or to which it has been abandoned; and, if such property is later delivered to another agency for official use under sections 302, 303, or 304 of this title, the latter shall make reimbursement for all such costs incurred prior to the date of delivery to it of such property. Sec. 306. Retention or delivery considered sale; informer’s fees, etc. Retention or delivery of forfeited or abandoned property under this title shall be regarded as the sale thereof for the purpose of laws providing for informer’s fees or remission or mitigation of any forfeiture. Any property so acquired when no longer needed for official use shall be disposed of in the same manner as other surplus property. Sec. 307. Authority of Director to require reports respecting abandoned property. The Director is authorized, with the approval of the Secretary of the Treasury,

(1)to require any agency, from time to time, to make a report of all property abandoned to it or seized and Rules and regulations.the disposal thereof, and

(2)to make such rules and regulations as may be necessary to carry out the provisions of this title. Sec. 308. Vol. 43, p. 1116; Vol. 46, p. 430; [U. S. C., p. 823](/us/usc/p823).

(a)The Act entitled “An Act relating to the use or disposal of vessels or vehicles forfeited to the United States for violation of the customs laws or the National Prohibition Act, and for other purposes” (43 Stat. 1116), approved March 3, 1925, as amended, is hereby repealed.

(b)Inconsistent laws. Nothing contained in this title shall be construed as repealing any other laws relating to the disposition of forfeited or abandoned property, except such provisions of such laws as are directly in conflict with any provisions of this title. 881

(c)The following classes of property shall not be subject to allocationClasses of property exempt from allocation. under sections 302, 303, or 304 of this title, but shall be disposed of in the manner otherwise provided by law:

(1)arms or munitions of war included in section 4 of title VIVol. 40, p. 223. of the Act entitled “An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes” (40 Stat. 223), approved June 15, 1917, as amended;

(2)narcotic drugs, as defined in the Narcotic Drug Import andVol. 42, p. 596. Export Act;

(3)firearms, as defined in the National Firearms Act; andVol. 48, p. 1236.

(4)such other classes or kinds of property as the Director, with the approval of the. Secretary of the Treasury, may deem in the public interest, and may by rules and regulations provide. Approved, August 27, 1935. Providing for the exchange of certain park lands at and near Western Avenue and West Beach Drive for other lands more suitable to the development of Rock Creek Park and the street system of the District of Columbia, and for other purposes. 1935-08-27 741 Chapter 49 Stat. 881 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 741.] AN ACT Providing for the exchange of certain park lands at and near Western Avenue and West Beach Drive for other lands more suitable to the development of Rock Creek Park and the street system of the District of Columbia, and for other purposes. August 27, 1935.[[S. 3353](/us/bill/74/s/3353).][[Public, No. 348](/us/pl/74/348).] *Be it enacted by the Senate and Howe, of Representatives of the United States of America in Congress assembled*, That in order toDistrict of Columbia.Exchange of certain park lands in, authorized. extend Beach Parkway northward to Western Avenue as provided for by the plans of the National Capital Park and Planning Com-mission for the park system of the District of Columbia and to preserve the flow of water in Rock Creek Park and to extend West Beach Drive to connect Beach Drive and Rock Creek Park with Western Avenue, the Secretary of the Interior is authorized to convey by and on behalf of the United States of America to the owners of parcel 78/5, or to such party or parties as said owner or owners shall designate, the title of the United States in and to a piece of land containing approximately fifty-five thousand square feet at and near the intersection of Western Avenue and West Beach Drive as pro-posed in accordance with the plan of the permanent system of high-ways of the District of Columbia, being a part of reservation 339: *Provided*, That the owners of said parcel 78/5 shall furnish the*Provisos*.Condition. United States of America with a good and sufficient title in fee simple, free of all encumbrances, to that piece of land lying along and east of the center line of West Beach Drive as proposed in accordance with the plan of the permanent system of highways of the District of Columbia, and extending east to the creek immediately north of the present north line of United States reservation 432 and extending north to United States reservation 339 and containing approximately fifty-eight thousand five hundred square feet: *ProvidedPrivate property owners to dedicate strip for street purposes. further*, That the owners of parcel 78/5 dedicate to the District of Columbia for street purposes the west half, forty-five feet in width, of West Beach Drive as proposed in accordance with the plan of the permanent system or highways of the District of Columbia, along their property immediately north of the north line of reservation 432. Sec. 2. The dedication and transfers provided for in section 1 areParcels designated. designated approximately upon plat file numbered 3.9–97 in the files of the National Capital Park and Planning Commission. The dedicationDeed, etc. and conveyances shall be by proper deed and other instruments containing full legal description by exact survey of the land exchanged and dedicated as provided for by law. 882 Sec. 3. Secretary’s powers not curtailed. Nothing in this Act shall be construed as curtailing the power of the Secretary of the Interior to sell the remainder of parcel Vol. 47, p. 707.4 as provided for in Public Law Numbered 299, Seventy-second Congress, and should the exchange and dedication as provided for in section 1 fail to become effective the Secretary of the Interior is still authorized to sell the entire area of parcel 4 as provided for in that Act. Approved, August 27, 1935. To amend an Act entitled “An Act to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1914, and for other purposes, approved March 4, 1913”, and for other purposes. 1935-08-27 742 Chapter 49 Stat. 882 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 74 1 public [CHAPTER 742.] AN ACT To amend an Act entitled “An Act to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1914, and for other purposes, approved March 4, 1913”, and for other purposes. August 27, 1935.[[H. R. 3462](/us/bill/74/hr/3462).][

Connectionstraces to 4

Traces to 4 documents

statutes-at-large

6 references not yet in our index