§3113. Liquor violations in Indian country

If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections 1154 and 1156 of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched. If any such intoxicating liquor is found therein, the same, together with such conveyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and one-half to the use of the United States. If such person be a trader, his license shall be revoked and his bond put in suit.

Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for scientific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the Department of the Army.

(June 25, 1948, ch. 645, 62 Stat. 820 ; Oct. 31, 1951, ch. 655, §30, 65 Stat. 721 ; Pub. L. 103–322, title XXXIII, §330004(15), Sept. 13, 1994, 108 Stat. 2142 .)

Historical and Revision Notes

Based on sections 246, 248, 252 of title 25, U.S.C., 1940 ed., Indians (R.S. §2140; Mar. 1, 1907, ch. 2285, 34 Stat. 1017 ; May 18, 1916, ch. 125, §1, 39 Stat. 124 ).

Said sections 246, 248, and 252 were consolidated. References to Indian agent and subagent were deleted since those positions no longer exist. See section 64 of title 25, U.S.C., 1940 ed., Indians, and notes thereunder.

Words "except such as are kept or used for scientific, sacramental, medicinal or mechanical purposes" were inserted. See reviser's note under section 1154 of this title.

Words "conveyances and packages" were substituted for the enumeration, "boats, teams, wagons and sleds * * * and goods, packages and peltries."

Minor changes were made in phraseology.

Amendments

1994-Pub. L. 103–322 struck out last par. which read as follows: "In all cases arising under this section and sections 1154 and 1156 of this title, Indians shall be competent witnesses."

1951-Act Oct. 31, 1951, substituted "Department of the Army" for "War Department" in second par.

Federal Rules of Civil Procedure

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

Cross References

Application of Indian liquor laws, see section 1161 of this title.

Disposition of seized conveyances, see section 3670 of this title.

Forfeitures and seizures-

Conveyances introducing intoxicants into Indian country, see section 3669 of this title.

Jurisdiction, see sections 1355 and 1356 of Title 28, Judiciary and Judicial Procedure.

Proceedings, see section 2461 of Title 28.

Indian country defined, see section 1151 of this title.

Intoxicants dispensed in Indian country, see section 1154 of this title.

Unlawful possession of intoxicants in Indian country, see section 1156 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1161, 3670 of this title.