Page:United States Statutes at Large Volume 53 Part 1.djvu/331

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of spirits, or removes any spirits, shall forfeit and pay double the amount of taxes on the spirits so produced, distilled, or removed, and in addition thereto be liable to a penalty of $1,000. SEC. 2839. DRAWING OFF WATER AND CLEANSING WORM TUBS. (a) REQUIREMENTs.- Whenever any officer or internal revenue agent requires the water contained in any worm tub in a distillery, at any time when the still is not at work, to be drawn off, and the tub and worm cleansed, the water shall forthwith be drawn off, and the tub and worm cleansed by the distiller, or his workmen, accordingly; and the water shall be kept and continued out of such worm tub for the period of two hours, or until the officer or agent has finished his examination thereof. For any refusal or neglect to comply with any provision of this section, the distiller shall forfeit the sum of not exceeding $1,000; and it shall be lawful for the officer or agent to draw off such water, or any portion of it, and to keep the same drawn off for so long a time as he shall think necessary. (b) TRANSFER or DTIES. - For transfer of powers and duties of Commissioner and his agents, see section 3170. SEC. 2840. FERMENTING TUBS. (a) REQUIREMENTS.-Every fermenting tub shall be emptied at or before the end of the fermenting period; no fermenting tub in a sweet-mash distillery shall be filled oftener than once in seventy-two hours, nor in a sour-mash distillery oftener than once in ninety-six hours, nor in a rum distillery oftener than once in one hundred and forty-four hours, nor in a distillery where the filtration-aeration process is employed, that is, where the mash after it leaves the mash tub is passed through a filtering machine, before it is run into the fermenting tub, and only the filtered liquor passes into the fermenting tub, and the approval of the Commissioner being secured, oftener than once in twenty-four hours. The provisions hereof relating to filtration-aeration process shall apply only to sweet-mash distilleries. (b) CROSS REFERENCES.- (1) ExEMPTION OF ETHYL ALCOHOL DISTILLERS.- For exemption, in certain cases, of ethyl alcohol distillers from the provisions of this section, see section 2848. (2) TRANSFER OF DUTIES.- For transfer of powers and duties of Commissioner and his agents, see section 3170. SEC. 2841 . DISTILLER'S BOOKS. (a) ENTRIES.- (1) REQuiREMENTS.- Every person who makes or distills spirits, or owns any still, boiler, or other vessel used for the purpose of distilling spirits, or who has such still, boiler, or other vessel so used under his superintendence, either as agent or owner, or who uses any such still, boiler, or other vessel, shall keep a record, in the form and manner prescribed by the Commissioner, of the receipt on the distillery premises, and the use thereon, of materials intended for use in the distillation of spirits, and of the number of gallons of spirits distilled, the number of gallons placed in the warehouse, and the proof thereof, the number of gallons sold or removed, with the proof thereof and the name, place of business, and residence of the person to whom sold. (2) TRANSFER OF DUTIEs.- For transfer of powers and duties of Commissioner and his agents, see section 3170. (b) PRESERVATION AND INSPECTIoN. -T he books of every distiller hereinbefore required shall always be kept at the distillery and be always open to the inspection of any revenue officer, and, when filled up, shall be preserved by the distiller for a period of not less than LIQUOR 321