rers of tobacco inventory to contain what; to be verified its correctness to be ascer tained. Books to be kept and certain nished to assist ant assessor monthly, and on what day, and how verified. Penalty for refusal or wilful neglect. SEC. 66. And be [it] further enacted, That every person, now or here- Manufactuafter engaged in the manufacture of tobacco or snuff, shall make and de- or snuff to give liver to the assistant assessor of the division a true inventory, in such inventory to asform as shall be prescribed by the commissioner of internal revenue, of the sistant assessor, on, &c.; quantity of each of the different kinds of tobacco, snuff-flour, snuff, stems, scraps, clippings, waste, tinfoil, licorice, sugar, gum, and other materials held or owned by him on the first day of January of each year, or at the time of commencing and at the time of concluding business, if before or after the first of January, setting forth what portion of said goods and materials, and what kinds, were manufactured or produced by him, and what was purchased from others; which inventory shall be verified by his oath or affirmation; and the assistant assessor shall make personal examination of the stock sufficient to satisfy himself as to the correctness of the inventory, by oath; and shall verify the fact of such examination by oath or affirmation taken before the assessor, to be indorsed on or affixed to the inventory; and every such person shall keep a book or books, the forms of which shall be prescribed by the commissioner of internal revenue, and enter therein daily an entries made accurate account of all the articles aforesaid purchased by him, the quantity therein daily; of tobacco, snuff, and snuff-flour, stems, scraps, clippings, waste, tinfoil, licorice, sugar, gum, and other materials, of whatever description, whether manufactured, (and if plug tobacco the number of net pounds of lumps made in the lump-room, and the number of packages and pounds produced in the press-room each day,) sold, consumed, or removed for consumption or sale, or removed from the place of manufacture in bond, and to what district; and shall, on or before the tenth day of each and every abstract theremonth, furnish to the assistant assessor of the division a true and accurate of to be furabstract from such book of all such purchases, sales, and removals, made during the month next preceding, which abstract shall be verified by his oath or affirmation; and in case of refusal or wilful neglect to deliver the inventory, or keep the account, or furnish the abstract aforesaid, he shall, on conviction, be fined not less than five hundred dollars nor more than five thousand dollars, and imprisoned not less than six months nor more than three years. And it shall be the duty of any dealer in leaf tobacco, or in any material used in manufacturing tobacco or snuff, on demand of any officer of internal revenue to render a true and correct statement, verified by oath or affirmation, of the quantity and amount of such leaf demand, &c. tobacco or material sold or delivered to any person named in such demand; and in case of refusal or neglect to render such statement, or if Assessor to there is cause to believe such statement to be incorrect or fraudulent, the examine books, &c. if, &c. assessor shall make an examination of persons, books, and papers, in the same manner as provided in this act in relation to frauds and evasions. SEC. 67. And be it further enacted, That the commissioner of internal revenue shall cause to be prepared suitable and special revenue to prepare revenue stamps for stamps for payment of the tax on tobacco and snuff, which stamps shall tax on tobacco indicate the weight and class of the article on which payment is to be and snuff; made, and shall be affixed and cancelled in the mode prescribed by the stamps to indicate what and commissioner of internal revenue, and stamps when used on any wooden how to be affixed package shall be cancelled by sinking a portion of the same into the wood and cancelled. with a steel die; also such warehouse stamps as are required by this act, Warehouse which stamps shall be furnished to the collectors of internal revenue re- stamps; quiring the same, who shall each keep at all times a supply equal in to collectors, and amount to three months' sales thereof, and shall sell the same only to the sold by them. manufacturers of tobacco and snuff in their respective districts who have given bonds as required by law, to owners or consignees of tobacco or snuff, upon the requisition of the proper custom-house officer having the custody of such tobacco or snuff, and to persons required by law to affix the same to tobacco or snuff on hand on the first day of January, anno Domini eighteen hundred and sixty-nine; and every collector shall keep Collectors to an account of the number, amount, and denominate values of stamps sold keep account of by him to each manufacturer, and to other persons above described. Dealers in leaf tobacco, &c. to under oath on make statements Commissioner how furnished stamps sold. Manufacturers of tobacco or snuff to print or .ffix label on each package. Label. Penalty for neglect or refusal; for removing such label; for removing for making false entries; SEC. 68. And be it further enacted, That every manufacturer of tobacco or snuff shall, in addition to all other requirements of this act relating to tobacco, print on each package or securely affix, by pasting on each package containing tobacco or snuff manufactured by or for him, a label on which shall be printed, together with the proprietor's or manufacturer's name, the number of the manufactory, and the district and State in which it is situated, these words: "NOTICE. The manufacturer of this tobacco has complied with all the requirements of law. Every person is cautioned, under the penalties of law, not to use this package for tobacco again." Any manufacturer of tobacco who shall neglect to print on or affix such label to any package containing tobacco made by or for him, or sold or offered for sale by or for him; or any person who shall remove any such label so affixed from any such package, shall, on conviction, be fined fifty dollars for each package in respect to which such offence shall be committed. SEC. 69. And be it further enacted, That any manufacturer of tobacco or selling tobac- or snuff who shall remove otherwise than as provided by law, or sell any co or snuff, without, &c.; tobacco or snuff without the proper stamps denoting the tax thereon, or without having paid the special tax, or given bond as required by law, or who shall make false or fraudulent entries of manufactures or sales of to bacco or snuff, or who shall make false or fraudulent entries of the purchase or sales of leaf tobacco, tobacco stems, or other material, or who shall affix any false, forged, fraudulent, spurious, or counterfeit stamp, or imitation of any stamp required by this act, to any box or package containing any tobacco or snuff, shall, in addition to the penalties elsewhere provided in this act for such offences, forfeit to the United States all the raw material and manufactured or partly manufactured tobacco and snuff, and all machinery, tools, implements, apparatus, fixtures, boxes and barrels, and all other materials which shall be found in the possession of such person, in the manufactory of such person, or elsewhere. for affixing false stamps. Absence of proper stamp to be notice, &c. that tax is not paid. Forfeiture. Penalty for removing manufactured tobacco &c.; for using, selling, &c. except, &c.without, &c.; SEC. 70. And be it further enacted, That the absence of the proper stamp on any package of manufactured tobacco or snuff shall be notice to all persons that the tax has not been paid thereon, and shall be prima facie evidence of the non-payment thereof. And such tobacco or snuff shall be forfeited to the United States. SEC. 71. And be it further enacted, That any person who shall remove from any manufactory, or from any place where tobacco or snuff is made, or snuff without, any manufactured tobacco or snuff without the same being put up in proper packages, or without the proper stamp for the amount thereon being affixed and cancelled, as required by law; or, if intended for export, without the proper warehouse stamp being affixed; or shall use, sell, or offer for sale, or have in possession, except in the manufactory, or in a bonded warehouse, any manufactured tobacco or snuff, without proper stamps being affixed and cancelled; or shall sell, or offer for sale, for consumption in the United States, or use, or have in possession, except in the manufactory or in a bonded warehouse, any manufactured tobacco or snuff on which only the warehouse stamp marking the same for export has been affixed, shall, on conviction thereof for each such offence, respectively, be fined not less than one thousand dollars nor more than five thousand dollars, and be imprisoned not less than six months nor more than two years. And any person who shall affix to any package containing tobacco or snuff any false, forged, fraudulent, spurious, or counterfeit stamp, or a stamp which has been before used, shall be deemed guilty of a felony, and on conviction shall be fined not less than one thousand dollars nor more than five thousand dollars, and imprisoned not less than two years nor more than five years. for affixing false stamps, &c. When stamped SEC. 72. And be it further enacted, That whenever any stamped box, boxes, &c. con- bag, vessel, wrapper, or envelope of any kind, containing tobacco or snuff, taining tobacco stamped part to stamp box; shall be emptied, the stamped portion thereof shall be destroyed by the or snuff, are person in whose hands the same may be. And any person who shall emptied wilfully neglect or refuse so to do shall, for each such offence, on convic- be destroyed. tion, be fined fifty dollars, and imprisoned not less than ten days nor more Penalty for neglect, &c.; than six months. And any person who shall sell or give away, or who for selling or shall buy or accept from another, any such empty stamp box, bag, vessel, giving away such empty wrapper, or envelope of any kind, or the stamped portion thereof, shall, for each such offence, on conviction, be fined one hundred dollars and imprisoned for not less than twenty days and not more than one year. And any manufacturer or other person who shall put tobacco or snuff into any for putting such box, bag, vessel, wrapper, or envelope, the same having been either tobacco or snuff emptied or partially emptied, shall, for each such offence, on conviction, be fined not less than one hundred nor more than five hundred dollars, and imprisoned for not less than one nor more than three years. therein. ed warehouses to be under whose charge. SEC. 73. And be it further enacted, That the commissioner of internal Export bondrevenue, upon the execution of such bonds as he may prescribe, may for storage of designate and establish, at any port of entry in the United States, bonded manufactured warehouses for the storage of manufactured tobacco and snuff, in bond, tobacco or snuff in bond; intended for exportation, selecting suitable buildings for such purpose, to be recommended by the collector in charge of exports at such port, to be known as export bonded warehouses, and used exclusively for the storage of manufactured tobacco and snuff in bond. Every such warehouse shall be under the control of the collector of internal revenue in charge of exports at the port where such warehouse is located, and shall be in charge of an internal revenue storekeeper assigned thereto by the commissioner of internal revenue. No manufactured tobacco or snuff shall be with- Tobacco or drawn or removed from any bonded warehouse without an order or per- snuff not to be mit from the collector in charge of exports at such port, which shall be therefrom withissued only for the immediate transfer to a vessel by which such tobacco out, &c. or snuff is to be exported to a foreign country, as hereinafter provided, or after the tax has been paid thereon. And such warehouse shall be under such further regulations as the commissioner of internal revenue may prescribe. Any manufactured tobacco and snuff may be withdrawn withdrawn may be withdrawn once only, once, and no more, from an export bonded warehouse for transportation for export to, must be warehoused on ar to any other port of entry in the United States where an export bonded &c.; rival. Tobacco and snuff may be re bonded ware &c. SEC. 74. And be it further enacted, That manufactured tobacco and snuff may be removed in bond from the manufactory, without payment moved in bond of the tax, to be transported directly to an export bonded warehouse for from manufacthe storage of manufactured tobacco or snuff established at a port of en- tory to export try as hereinbefore provided; and the deposit in and withdrawal from house. any bonded warehouse, the transportation and exportation of manufac- Regulations tured tobacco and snuff, shall be made under such rules and regulations therefor, bonds, and after making such entries and executing such bonds and giving such other additional security as may be prescribed by the commissioner of internal revenue, which shall in all respects, so far as applicable, conform to the provisions of law and regulations relating to distilled spirits to be deposited in or withdrawn from bonded warehouse or transported or exported. All tobacco and snuff intended for export, before being removed Tobacco, &c. from the manufactory shall have affixed to each package an engraved intended for exstamp indicative of such intention, to be provided and furnished to the port, to have stamp affixed several collectors, as in the case of other stamps, and to be charged to before removal. them and accounted for in the same manner; and for the expense attending the providing and affixing such stamps, twenty-five cents for each Provisions as to such stamps. Where tobac co, &c. are made on shares, stamps to be affixed when and by whom. Fraud to cause forfeiture. Penalty. Dealers in leaf certain entries daily in books. package so stamped shall be paid to the collector on making the entry for such transportation; but the provisions of this section shall not limit the time for tobacco or snuff to remain in bond. SEC. 75. And be it further enacted, That in all cases where tobacco or snuff of any description is manufactured, in whole or in part, upon commission or shares, or where the material from which any such articles are made, or are to be made, is furnished by one person and made or manufactured by another, or where the material is furnished or sold by one person with an understanding or agreement with another that the manufactured article is to be received in payment therefor or for any part thereof, the stamps required by law shall be fixed by the actual maker or manufacturer before the article passes from the place of making or manufacturing. And in case of fraud on the part of either of said persons in respect to said manufacture, or of any collusion on their part with intent to defraud the revenue, such material and manufactured articles shall be forfeited to the United States; and each party to such fraud or collusion shall be deemed guilty of a misdemeanor, and, on conviction, be fined not less than one hundred dollars nor more than five thousand dollars, and imprisoned for not less than six months nor more than three years. SEC. 76. And be it further enacted, That every dealer in leaf tobacco tobacco to make shall enter daily in a book kept for that purpose, under such regulations as the commissioner of internal revenue may prescribe, the number of hogsheads, cases, and pounds of leaf tobacco purchased by him, and of whom purchased, and the number of hogsheads, cases, or pounds sold by him, with the name and residence, in each instance, of the person to whom sold, and if shipped, to whom shipped, and to what district. Such book shall be kept at his place of business, and shall be open at all hours to the inspection of any assessor, collector, or other revenue officer; and any dealer in leaf tobacco who shall neglect or refuse to keep such book shall be liable to a penalty of not less than five hundred dollars, and on conviction thereof shall be fined not less than one hundred dollars nor more than five thousand dollars, and imprisoned not less than six months nor more than two years. Books to be kept open, &c. Penalty. SEC. 77. And be it further enacted, That from and after the passage of this act, and until the first day of October, eighteen hundred and sixtyeight, all manufactured tobacco and snuff (not including cigars) imported from foreign countries shall be placed by the owner, importer, or consignee thereof in a bonded warehouse of the United States at the place of importation, in the same manner and under rules as provided for warehousing goods imported into the United States, and shall not be withdrawn from such warehouse, nor be entered for consumption or transportation in the United States prior to the said first day of October, eighteen hundred and sixty-eight. All manufactured tobacco and snuff (not including cigars) imported from foreign countries, after the passage of this act, shall, in addition to the import duties imposed on the same, pay the tax prescribed in this act for like kinds of tobacco and snuff manufactured in the United States, and have the same stamps respectively affixed. Such stamps shall be affixed and cancelled on all such articles so imported by the owner or importer thereof, while such articles are in the custody of the proper custom-house officers, and such articles shall not pass out of the custody of such officers until the stamps have been affixed and cancelled. Such tobacco and snuff shall be put up in packages, as prescribed in this act for like articles manufactured in the United States before such stamps are affixed; and the owner or importer of such tobacco and snuff shall be liable to all the penal provisions of this act, prescribed for manufacturers of tobacco and snuff manufactured in the United States. Where it shall be necessary to take any such articles, so imported, to any place for the purpose of repacking, affixing, and can celling such stamps, other than the public stores of the United States, the collector of customs of the port where such articles shall be entered shall designate a bonded warehouse to which such articles shall be taken, under the control of such customs officer as such collector may direct. And any officer of customs who shall permit any such articles to pass out of his custody or control without compliance by the owner or importer thereof with the provisions of this section relating thereto, shall be deemed guilty of a misdemeanor, and shall, on conviction, be fined not less than one thousand dollars, nor more than five thousand dollars, and imprisoned not less than six months nor more than three years. Penalty upon officers of customs for, &o. Dealers in manufactured sistant assessor, monthly after SEC. 78. And be it further enacted, That from and after the passage of this act it shall be the duty of every dealer in manufactured tobacco, tobacco and having on hand more than twenty pounds, and every dealer in snuff snuff, having having on hand more than ten pounds, to immediately make a true and certain amounts correct inventory of the amount of such tobacco and snuff, respectively, inventory under on hand, to make under oath or affirmation, and to deposit such inventory with the assistant oath, and deassessor of the proper division, who shall immediately return the same posit with asto the assessor of the district, who shall immediately thereafter make an &c. abstract of the several inventories filed in his office, and transmit such abstract to the commissioner of internal revenue, and a like inventory Like invenand return shall be made on the first day of every month thereafter, and tory to be made a like abstract of inventories shall be transmitted while any such dealer wards, &c. has tobacco or snuff remaining on hand manufactured in the United States, or imported prior to the passage of this act, and not stamped. After the first day of January, eighteen hundred and sixty-nine, all smoking, fine-cut chewing tobacco, or snuff, and after the first day of 1869, manufacJuly, eighteen hundred and sixty-nine, all other manufactured tobacco of every description, shall be taken and deemed as having been manufactured after the passage of this act, and shall not be sold or offered for sale unless put up in packages and stamped as prescribed by this act, except at retail by retail dealers from wooden packages stamped as provided for in this act; and any person who shall sell, or offer for sale, after the first day of January, eighteen hundred and sixty-nine, any smoking, fine-cut chewing tobacco, or snuff, and after the first day of July, eighteen hundred and sixty-nine, any other manufactured tobacco not so put up in packages and stamped, shall, on conviction, be fined not less than five hundred dollars nor more than five thousand dollars, and imprisoned not less than six months nor more than two years. SEC. 79. And be it further enacted, That any person who shall, after the passage of this act, sell, or offer for sale, any manufactured tobacco or snuff, representing the same to have been manufactured and the tax paid thereon prior to the passage of this act, when the same was not so manufactured, and the tax not so paid, shall be liable to a penalty of five hundred dollars for each offence, and shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars, and shall be imprisoned not less than six months nor more than two years. After Jan. 1st, tured tobacco not to be sold, &c. unless put up in packages, and stamped, except, &c. Time changed to February. See post, p. 266. Penalty for selling, &c. after, &c. tobacco or snuff as manu factured, &c. before the pasgeof this act, when, &c. Tobacco and SEC. 80. And be it further enacted, That all manufactured tobacco and snuff, manufactured prior to the passage of this act, and held in bond at snuff made before the passage the time of its passage, may be sold for consumption in the original pack- of this act, and ages, with the proper stamps for the amount of the tax thereon affixed then in bond, and cancelled as required by law; and any person who shall, after the may be sold, &c. with proper passage of this act, offer for sale any tobacco or snuff, in packages of a stamps thereon. different size from those limited and prescribed by this act, representing the same to have been held in bond at the time of the passage of this act, when the same was not so held in bond, shall, on conviction, be fined fifty dollars for each package in respect to which such offence shall be committed: Provided, That after the first day of January, anno Domini eighteen hundred and sixty-nine, no such tobacco or snuff shall be sold or Penalty. Proviso. |