Interstate Commerce Act, Part IV; Freight Forwarders.

Federal Aid for Public Airport Development.

Interstate Commerce Act, Part V; Loan

Urban Mass Transportation.

High-Speed Ground Transportation.

Department of Transportation.

24. Natural Gas Pipeline Safety.

Chemical and Biological Warfare Program.

TITLE 50.-WAR AND NATIONAL DEFENSE,

APPENDIX

Proclamations, Executive Orders, Joint Resolutions and Treaties Respecting War, Neutrality and Peace.

Trading With the Enemy Act of 1917.

Soldiers' and Sailors' Civil Relief Act of 1918.
Selective Draft Act of 1917.

Selective Training and Service Act of 1940.

Office of Selective Service Records.

Service Extension Act of 1941.

Army Reserve and Retired Personnel Service Law of 1940.

Military Selective Service Act of 1967.

Soldiers' and Sailors' Civil Relief Act of 1940.

First War Powers Act, 1941.

Second War Powers Act, 1942.

Exportation Restrictions on Certain Articles.

Requisition of Military Equipment, Materials and Supplies.

Territorial Use of Army and Extension of Service Period.

Civilian Protection From War Hazards.

Decorations, etc., for Merchant Marine.

32.

TITLE 50.-WAR AND NATIONAL DEFENSE,

APPENDIX-Continued

Use of Public Lands for War Purposes. Miscellaneous Provisions Affecting Military Establishment.

Photographing, Mapping or Other Representation of Military or Defense Properties.

Exemption of Certain Articles From Import Duties and Taxes.

Temporary Appointments, Promotions, etc., of Navy, Marine Corps, and Coast Guard Officers. Jurisdiction of Prizes.

Certain Allowance Assistance for Civilian and Military Personnel.

Free Entry of Gifts From Members of Armed Forces. Free Postage for Armed Forces Personnel.

Emergency Price Control Act of 1942.

Stabilization Act of 1942.

Extension of Sugar Controls.

Missing Persons Act.

Small Business Mobilization Act.

War and Defense Contract Acts.

National Emergency and War Shipping Acts.
Farm Labor Supply Appropriation Act, 1944.

War Overtime Pay Act of 1943.

Training of Nurses Through Grants to Institutions. Civilian Reemployment of Members of Merchant Marine.

War Labor Disputes Act.

Voluntary Enlistments in the Regular Military

Establishment.

Women's Army Corps.

United Nations Relief and Rehabilitation Administration.

Temporary Appointments of Army Nurse Corps
Members, etc., as Officers of Army of the United
States.

Disposal of Materials on Public Lands.
Surplus Property Act of 1944.

War Mobilization and Reconversion Act of 1944.

Fleet Admiral of the Navy and General of the Army. Disposal of Censored Mail.

Disbursing Officers' Additional Functions. General of the Marine Corps.

Admiral in the Coast Guard.

Exception of Navy or Coast Guard Vessels From
Certain Navigation Rules.

Sale of Surplus War-Built Vessels.
Rehabilitation of Philippines.

Return and Interment of Persons Buried Outside
United States.

Veterans' Emergency Housing Program.

Naval Vessels as Atomic Targets.

Admission of Alien Fiancées Into United States.

Military Assistance to Philippine Republic.
Naval Aid to China.

Naval Aid to Foreign Nations.

Housing and Rent Acts.

Stabilization of Economy and Commodity Prices.
Domestic Rubber-Producing Industry.

Disposal of Government-Owned Rubber-Producing
Facilities.

Displaced Persons, Refugees and Orphans.
American-Japanese Evacuation Claims.
Medical Care for Philippine Veterans.
War Claims.

Export Controls.

Alien Property Damage Claims.
Defense Production Act of 1950.

Domestic Minerals Program Extension.

Domestic Tungsten, Asbestos, Fluorspar and Columbium-Tantalum Purchase Programs.

Dependents Assistance Act of 1950.

Civil Defense.

Emergency Food Aid to India.
Korean Combat Pay.

World War II License Agreements.
Emergency Ship Repair Program.
Export Regulation.

Chapter 1.-GENERAL PROVISIONS

The National Prohibition Act, as amended and supplemented, was included in chapters 1, 2, 3, and 4 of this title. Such provisions of that act and subsequent legislation as were dependent upon the 18th Amendment became inoperative by adoption of the 21st Amendment to the Constitution on December 5, 1933, repealing the 18th Amendment.

Sections 2 to 5 of this chapter (acts Oct. 28, 1919, ch. 85, 1, 41 Stat. 307; Nov. 23, 1921, ch. 134, §§ 3, 5, 42 Stat. 223) and sections 11 to 40, 44 to 57, 61, 62, and 64 of chapter 2 (acts Oct. 28, 1919, ch. 85, §§ 2 to 39, 41 Stat. 308 to 319; Nov. 23, 1921, ch. 134, §§ 2, 5, 42 Stat. 222, 223; Mar. 31, 1933, ch. 18, §§ 1 to 3, 48 Stat. 23, 24) constituting title II of the National Prohibition Act as amended and supplemented, were repealed to the extent in force in the District of Columbia, Puerto Rico and the Virgin Islands, Hawaii, and Alaska by acts Jan. 24, 1934, ch. 4, § 1, 48 Stat. 319; Mar. 2, 1934, ch. 37, §§ 2, 3, 48 Stat. 361; Mar. 26, 1934, ch. 88, §§ 2, 3, 48 Stat. 467; and Apr. 13, 1934, ch. 119, §§ 1, 5, 48 Stat. 583, 584, respectively.

§ 1 to 5. Repealed. Aug. 27, 1935, ch. 740, title I, § 1, 49 Stat. 872.

Section 1, act Oct. 28, 1919, ch. 85, § 1, 41 Stat. 305, set forth the short name of this title as the "National Prohibition Act".

Section 2, act Nov. 23, 1921, ch. 134, § 3, 42 Stat. 223, provided that this title apply to the United States and all territory subject to its jurisdiction, including the Territory of Hawaii and the Virgin Islands.

Section 3, act Nov. 23, 1921, ch. 134, § 5, 42 Stat. 223, authorized all laws relating to the manufacture and taxation of and traffic in intoxicating liquor, and all penalties for violations of such laws that were in force on Oct. 28, 1919, to continue in force, as to both beverage and nonbeverage liquor, except to the extent provisions of such laws were directly in conflict with provisions of this title. Section 4, acts Oct. 28, 1919, ch. 85, title II, § 1, 41 Stat. 307; Nov. 23, 1921, ch. 134, § 1, 42 Stat. 222, defined the terms "liquor" or "intoxicating liquor", "person", "commissioner", "application", "permit", "bond", and "regulation".

Section 5, act Oct. 28, 1919, ch. 85, title II, § 1, 41 Stat. 308, provided that any act authorized to be done by the commissioner could be performed by any assistant or agent designated by him for that purpose, and any records required to be filed with the commissioner could be filed with an assistant commissioner or any other person designated to receive such records.

Chapter 2.-PROHIBITION OF INTOXICATING

BEVERAGES

This chapter, comprising sections 11 to 64, in large measure became inoperative by the adoption of the 21st Amendment to the Constitution. See notes set out preceding former sections 1 to 5.

Page 7413

Repeal of provisions of this title affecting District of Columbia. Puerto Rico. Virgin Islands, Hawaii and Alaska. see notes set out preceding former sections 1 to 5 of this title.

$11 to 40. Repealed. Aug. 27, 1935, ch. 740, title I, § 1, 49 Stat. 872.

Section 11, act Oct. 28, 1919, ch. 85, title II, § 2, 41 Stat. 308, authorized the Commissioner of Internal Revenue, his assistants, agents, and inspectors to swear out warrants before United States commissioners or other officers or courts authorized to issue warrants, and to investigate and report violations of this title to the United States attorney for the district in which the violations were committed. Section 12, act Oct. 28, 1919, ch. 85, title II, § 3, 41 Stat. 308, provided that no person manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as otherwise provided by the provisions of this title.

Section 13, act Oct. 28, 1919, ch. 85. title II, § 4, 41 Stat. 309, exempted the specified articles, after having been manufactured and prepared for the market, from the provisions of this title, required manufacturers of such exempt articles to secure permits, give bonds, keep records, and make reports, and made unlawful the failure to comply with any of the foregoing requirements.

Section 14, act Oct. 28, 1919, ch. 85, title II, § 5, 41 Stat. 309, authorized the commissioner to analyze the specified manufactured articles in order to determine whether said articles constituted intoxicating liquors.

Section 15, act Nov. 23, 1921, ch. 134, § 2, 42 Stat. 222, authorized the commissioner to order a change of formula of preparations used as a beverage or for intoxicating liquor purposes where the sale or use of such preparations was substantially increased in the community by reason of its use as a beverage or for intoxicating beverage purposes.

Section 16, act Oct. 28, 1919, ch. 85, title II, § 6, 41 Stat. 310, required that any person manufacturing, selling, purchasing, transporting, or prescribing any liquor, except liquor purchased and used for medicinal purposes when prescribed by a physician, liquor purchased and used in a bona fide hospital or sanitarium for the treatment of alcoholism, and wine manufactured, etc., for sacramental or religious purposes, first obtain a permit from the 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 the pharmacist filling each prescription issued to indorse upon it over his own signature the word "canceled".

Section 18, act Nov. 23, 1921, ch. 134, § 2, 42 Stat. 222. specified the kinds of liquor which could be prescribed for medicinal purposes, the percentage of alcohol in such prescriptions, and the quantity permitted to be prescribed.

Section 19, act Oct. 28, 1919, ch. 85, title II, § 8, 41 Stat. 311, authorized the 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 the number of prescription blanks that could be issued to a physician, and the 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 the procedure by which the commissioner could cite permittees believed not to be conforming to the provisions of this title, or who had violated the 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, purchasing, 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 purchase 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 the place of shipment of the 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 induce any carrier, or any agent or employee thereof, to carry or ship any package or receptacle containing liquor without notifying the carrier of the true nature and character of the shipment, and required all packages carrying liquor to contain the 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 statement 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 the manufacture, sale, or keeping for sale of liquor, and exempted manufacturers and wholesale druggists holding permits to sell liquor from the 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 formula intended for use in the unlawful manufacture of intoxicating liquor.

Section 31, act Oct. 28, 1919, ch. 85, title II, § 19, 41 Stat. 313, prohibited any person from soliciting or receiving 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 unlawfully 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, and made the owner of any such property liable.

Section 34, act Oct. 28, 1919, ch. 85, title II, § 22, 41 Stat. 314, set forth the procedure which authorized an action 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 liquor 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 the fees of officers removing and selling property in the 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 the lease.

Section 38, act Oct. 28, 1919, ch. 85, title II, § 24, 41 Stat. 314, set forth the procedure and punishment for the violation of any injunction granted pursuant to these provisions.

Section 39, act Oct. 28, 1919, ch. 85, title II, § 25, 41 Stat. 315, prohibited the unlawful possession of liquor or property designed for the manufacture thereof, and authorized the issuance of search warrants and the destruction of unlawfully 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 the procedure for the seizure and destruction of unlawfully transported liquor and the sale of any vehicle found to be used for such transportation.

§ 40a. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section, act Aug. 27, 1935, ch. 740, § 204, 49 Stat. 878, related to remission or mitigation of forfeiture of a seized vehicle or aircraft, and is now covered by section 3617 of Title 18, Crimes and Criminal Procedure.

§§ 41 to 43. Repealed. Aug. 27, 1935, ch. 740, title III, § 308(a), 49 Stat. 880.

Sections, acts Mar. 3, 1925, ch. 438, §§ 1 to 3, 43 Stat. 1116; May 27, 1930, ch. 342, §§ 9, 10, 46 Stat. 430, related to disposition of vessels or vehicles forfeited to the United States.

§§ 43a, 43b. Omitted.

CODIFICATION

Section 43a, acts May 14, 1937, ch. 180, § 1, 50 Stat. 145; Mar. 28, 1938, ch. 55, §§ 1, 52, 128, related to the use by narcotics agents of motor vehicles confiscated pursuant to former section 43 of this title, and was omitted as executed.

Section 43b, acts May 6, 1939, ch. 115, title I, § 1, 53 Stat. 663; Mar, 25, 1940, ch. 71, title I, 54 Stat. 63, related to the use by narcotics agents of motor vehicles confiscated pursuant to the provisions of former section 157 of this title, and is now covered by section 3616 of Title 18, Crimes and Criminal Procedure.

§§ 44 to 57. Repealed. Aug. 27, 1935, ch. 740, title I, § 1, 49 Stat. 872.

Section 44, act Oct. 28, 1919, ch. 85, title II, § 27, 41 Stat. 316, authorized the delivery to any department or agency of the United States, for medicinal, mechanical, or scientific use, or the private sale for such purposes to any person having a permit to purchase, of liquor subject to destruction pursuant to the provisions of this title.

Section 45, act Oct. 28, 1919, ch. 85, title II, § 28, 41 Stat. 316, gave to the commissioner, his assistants, agents, and inspectors all the power and protection in the enforcement of this title which had been conferred by law for the enforcement of prior laws relating to the manufacture or sale of intoxicating liquor.

Section 46, act Oct. 28, 1919, ch. 85, title II, § 29, 41 Stat. 316, set forth the punishment for any person found guilty of unlawfully manufacturing or selling liquor, violating the provisions of any permit, or making any false record, report, or affidavit.

Section 47, act Oct. 28, 1919, ch. 85, title II, § 30, 41 Stat. 317, took away the privilege against self-incrimination from any person ordered to testify or produce books, papers, etc., and provided that any person so ordered to testify or produce would be immune from any prosecution based on the evidence provided.

Section 48, act Oct. 28, 1919, ch. 85, title II, § 31, 41 Stat. 317, set forth the venue in any prosecution for the unlawful sale of liquor.

Section 49, act Oct. 28, 1919, ch. 85, title II, § 32, 41 Stat. 317, authorized the joinder of separate offenses in prosecutions for violations of this title, and set forth the requirements for any affidavit, information, or indictment issued pursuant to such prosecutions.

Section 50, act Oct. 28, 1919, ch. 85, title II, § 33, 41 Stat. 317, made the possession of liquor by any person not legally permitted to possess liquor prima facie evidence of unlawful purpose.

Section 51, act Oct. 28, 1919, ch. 85, title II, § 34, 41 Stat. 317, authorized the inspection by duly authorized personnel of records and reports required to be kept or filed pursuant to this title, and the introduction into evidence of duly certified copies of such records and reports.

Section 52, act Oct. 28, 1919, ch. 85, title II, § 35, 41 Stat. 317, repealed all provisions of law inconsistent with these provisions, and provided that regulations promulgated pursuant to these provisions were to be construed as in addition to existing laws.

Section 53, act Nov. 23, 1921, ch. 134, § 5, 42 Stat. 223, set forth the procedure for the assessment and collection of all taxes and penalties provided for in former section 52 of this title.

Section 54, act Nov. 23, 1921, ch. 134, § 5, 42 Stat. 223, exempted from taxation distilled spirits lost by theft,