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27 U.S.C. § 40a — Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862

Federal law — U.S. Code and appendices · legal_authorities

27 U.S.C. § 40a — Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862

### Statutory Notes Section, act Aug. 27, 1935, ch. 740, § 204, 49 Stat. 878, related to remission or mitigation of forfeiture of a seized vehicle or aircraft. See [section 3668 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3668&num=0&edition=prelim), Crimes and Criminal Procedure. #### Effective Date of Repeal Repeal effective Sept. 1, 1948, see act June 25, 1948, ch. 645, § 20, 62 Stat. 862.

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Source location: Title 27, Chapter 2, § 40a; chapter-002-prohibition-of-intoxicating-beverages.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3668 — Remission or mitigation of forfeitures under liquor laws; possession pending trial

**(a) Jurisdiction of court** 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) Conditions precedent to remission or mitigation** 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 fin

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Federal law — U.S. Code and appendices · legal_authorities

27 U.S.C. § 40a — Repealed. June 25, 1948, ch. 645, § 21, 62

Page 2 TITLE 27—INTOXICATING LIQUORS § 40a purchasing, transporting, or prescribing any liquor, ex- cept liquor purchased and used for medicinal purposes when prescribed by a physician, liquor purchased and used in a bona fide hospital or sanitarium for treat- ment of alcoholism, and wine manufactured, etc., for sacramental or religious purposes, first obtain a permit from commissioner. Section 17, act Oct. 28, 1919, ch. 85, title II, § 7, 41 Stat. 311, authorized no one but a physician holding a permit to prescribe liquor to issue any prescription for liquor, required every such physician to keep a record of every prescription issued, and required pharmacist filling each prescription issued to indorse upon it over his own signature ‘‘canceled’’. Section 18, act Nov. 23, 1921, ch. 134, § 2, 42 Stat. 222, specified kinds of liquor which could be prescribed for medicinal purposes, percentage of alcohol in such pre- scriptions, and quantity permitted to be prescribed. Section 19, act Oct. 28, 1919, ch. 85, title II, § 8, 41 Stat. 311, authorized commissioner to issue prescription blanks, free of cost, to physicians holding permits to prescribe liquor for medicinal purposes. Section 20, act Nov. 23, 1921, ch. 134, § 2, 42 Stat. 222, set forth number of prescription blanks that could be issued to a physician, and number of prescriptions that could be issued by a physician. Section 21, act Oct. 28, 1919, ch. 85, title II, § 9, 41 Stat. 311, set forth procedure by which commissioner could cite permittees believed not to be conforming to provi- sions of this title, or who had violated laws of any State relating to intoxicating liquors. Section 22, act Oct. 28, 1919, ch. 85, title II, § 10, 41 Stat. 312, required every person manufacturing, pur- chas

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