Page:United States Statutes at Large Volume 49 Part 1.djvu/1987

19 42 Distillery,ete .,erected prior to Ju ly 20, 1868 . Owner's estate less than fee- simpl e . Evidence of title held but was not requi red to be recorded . Title in litigation . Property encumbered wi th mortgage, not yet due . Held by person in- capable of giving co n- sent . Appraisal . Acceptance of bo nd in lieu of wr itten con- sent . Sureties . Acceptanc e of dist il- ler's bond in lieu of own- er' s consent where dis - tillery erected prior to July 20,1868; additions. Distillery sold at ju- dicial, etc ., sale in favor of Unit ed St ates . Oper ation , etc ., of. 74Tx CONGRESS . SESS. II. C H. 830. JUNE 26, 1936. of the lot or tract of land on which the distillery is situated, the distillery, the buildings, and the distilling apparatus . Such value shall be determined, and such bond shall be executed, in such form and with such sureties, and filed with the officer designated by the Commissioner of Internal Revenue, under such regulations as the Secretary of the Treasury shall prescribe . "(b) In any case where the owner of a distillery or distilling apparatus, erected prior to July 20, 1868, has only an estate for a term of years or other estate less than fee-simple in the lot or tract of land on which the distillery is situated, the evidence of title to which shall have been duly recorded prior to that date ; or in like case, where the lease or other evidence of title is held but was not required by the laws of the State to be recorded in order to be valid at the time of its execution ; or in any case of such prior erection where the title was then, and has continued to be, in li tigation ; o r i n any case of such prior erection where such owner is possessed of the fee, but encumbered with aa mo rtgage executed and d uly recorded prior to July 20, 1868, and not due, or in any case of such prior erection where the fee is held by a f emme-cov ert, mi nor, per son of unsound mind, or othe r person incapable of giving consent, as required in subsection (a), the value of such lot or tract of land, together with the bui lding and distilling a pparatus, shall be appra ised in the m anne r to be p resc ribed by the Commi ssio ner ; and the officer designed by the Commissioner may, at the discretion of the Commissioner, be authorized to accept, in lieu of the said written consent, the bond of such distiller, in such form as the Com- missioner may prescribe, with not less than two personal sureties of'- one corporate surety, conditioned that in case the distillery, dis- tilling apparat us, or any part thereo f, shall by fin al judgm ent be forfeited for the violation of any of the provisions of law, the obligors shall pay the amount stated in said bond . Said sureties shall be residents of the collection district or county, or of an adjoining county in the same State in which the distillery is situ- ated, and owners of unencumbered real estate in said district or county, or adjoining county, equal to such appraised value, and the penal sum of said bond shall be equal to the appraised value of said lot or tract of land together with the buildings and distilling apparatus . "(c) The officer designated by the Commissioner may at any time, at the discretion of the Commissioner, accept such bond as is author- ized to be given by the distiller in lieu of the written consent of the owner of the fee in the case of a distillery erected prior to July 20, 1868, notwithstanding such distillery has since then been increased by the addition of land or buildings adjacent or contiguous thereto, not owned by the distiller himself in fee ; such bond to be for and in respect of such addition only, if the distillery be one which the distiller owns in fee or in respect to which he has procured the writ- ten consent of the owner of the fee or other encumbrance, otherwise to be for and in respect of the entire distillery as increased by such addition . "(d) In case of any distillery sold at judicial or other sale in favor of the United States, a bond may be taken at the discretion of the Commissioner of Internal Revenue, in lieu of the written consent required by this, section, and the person giving such bond may be allowed to operate such distillery during the existence of the right of redemption from such sale, on complying with all the other pro- visions of law . I So in original.