27 U.S.C. § 40a — Repealed.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- chasing, selling, or transporting any liquor to make and keep a permanent record of all such transactions. Section 23, act Oct. 28, 1919, ch. 85, title II, § 11, 41 Stat. 312, required all manufacturers and wholesale or retail druggists to keep a copy of all permits to pur- chase on which a sale of any liquor was made. Section 24, act Oct. 28, 1919, ch. 85, title II, § 12, 41 Stat. 312, required all persons manufacturing liquor for sale to attach labels to every container, and specified the information to be placed on such labels. Section 25, act Oct. 28, 1919, ch. 85, title II, § 13, 41 Stat. 312, required every carrier to make a record at place of shipment of receipt of any liquor transported, and to deliver liquor only to persons presenting to him a verified copy of a permit to purchase. Section 26, act Oct. 28, 1919, ch. 85, title II, § 14, 41 Stat. 312, made it unlawful for any person to use or in- duce any carrier, or any agent or employee thereof, to carry or ship any package or receptacle containing liq- uor without notifying carrier of true nature and char- acter of shipment, and required all packages carrying liquor to contain enumerated information. Section 27, act Oct. 28, 1919, ch. 85, title II, § 15, 41 Stat. 313, made it unlawful for any consignee to accept any package containing liquor upon which appeared a statement known by him to be false, or for any carrier to consign, etc., any such package, knowing such state- ment to be false. Section 28, act Oct. 28, 1919, ch. 85, title II, § 16, 41 Stat. 313, made it unlawful to order a carrier to deliver liquor to any person not a bona fide consignee. Section 29, act Oct. 28, 1919, ch. 85, title II, § 17, 41 Stat. 313, made it unlawful to advertise liquor, or man- ufacture, sale, or keeping for sale of liquor, and ex- empted manufacturers and wholesale druggists holding permits to sell liquor from prohibition when furnishing price lists to persons permitted to purchase liquor or when advertising in business publications. Section 30, act Oct. 28, 1919, ch. 85, title II, § 18, 41 Stat. 313, made it unlawful to advertise, manufacture, sell, or possess for sale any utensil, ingredient, or for- mula intended for use in unlawful manufacture of in- toxicating liquor. Section 31, act Oct. 28, 1919, ch. 85, title II, § 19, 41 Stat. 313, prohibited any person from soliciting or re- ceiving orders for liquor or giving information as to how liquor could be obtained in violation of this title. Section 32, act Oct. 28, 1919, ch. 85, title II, § 20, 41 Stat. 313, gave a right of action to any person injured in person, property, means of support, or otherwise by any intoxicated person against any person who unlaw- fully sold liquor to such intoxicated person, or caused or contributed to such intoxication. Section 33, act Oct. 28, 1919, ch. 85, title II, § 21, 41 Stat. 314, declared any property used in connection with a violation of this title to be a common nuisance, set forth punishment for maintenance of a common nuisance, and made owner of such property liable. Section 34, act Oct. 28, 1919, ch. 85, title II, § 22, 41 Stat. 314, set forth procedure which authorized an ac- tion in equity to enjoin any nuisance defined in this title. Section 35, act Oct. 28, 1919, ch. 85, title II, § 23, 41 Stat. 314, declared any person keeping or carrying liq- uor with intent to sell, or soliciting orders for liquor guilty of a nuisance and restrainable by injunction. Section 36, act Oct. 29, 1919, ch. 85, title II, § 23, 41 Stat. 314, set forth fees of officers removing and selling property in enforcement of these provisions. Section 37, act Oct. 28, 1919, ch. 85, title II, § 23, 41 Stat. 314, provided that any violation upon any leased premises by the lessee or occupant thereof could, at the option of the lessor, work a forfeiture of lease. Section 38, act Oct. 28, 1919, ch. 85, title II, § 24, 41 Stat. 315, set forth procedure and punishment for viola- tion of any injunction granted pursuant to these provi- sions. Section 39, act Oct. 28, 1919, ch. 85, title II, § 25, 41 Stat. 315, prohibited unlawful possession of liquor or property designed for manufacture thereof, and author- ized issuance of search warrants and destruction of un- lawfully possessed liquor and property seized pursuant to such search warrants. Section 40, act Oct. 28, 1919, ch. 85, title II, § 26, 41 Stat. 315, set forth procedure for seizure and destruc- tion of unlawfully transported liquor and sale of any vehicle found to be used for such transportation. § 40a. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862 Section, act Aug. 27, 1935, ch. 740, § 204, 49 Stat. 878, re- lated to remission or mitigation of forfeiture of a seized vehicle or aircraft. See section 3668 of Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see act June 25, 1948, ch. 645, § 20, 62 Stat. 862. §§ 41 to 43. Repealed. Aug. 27, 1935, ch. 740, title III, § 308(a), 49 Stat. 880 Section 41, act Mar. 3, 1925, ch. 438, § 1, 43 Stat. 1116, related to use of forfeited vessels or vehicles for en- forcement of provisions of this title in lieu of sale. Section 42, acts Mar. 3, 1925, ch. 438, § 2, 43 Stat. 1116; May 27, 1930, ch. 342, §§ 9, 10, 46 Stat. 430, related to ap- plication by a department head for which seizure of a vessel or vehicle is made to deliver such vessel or vehi- cle to Department of Justice for use in enforcement of this title, the 18th Amendment, or the customs laws. Section 43, act Mar. 3, 1925, ch. 438, § 3, 43 Stat. 1116, related to limitation on use of forfeited vessels or vehi- cles. §§ 43a, 43b. Omitted Editorial Notes CODIFICATION Section 43a, acts May 14, 1937, ch. 180, § 1, 50 Stat. 145; Mar. 28, 1938, ch. 55, § 1, 52 Stat. 128, related to use by narcotics agents of motor vehicles confiscated pursu- ant to section 43 of this title.