shall be fineffes, for which they are requested, is or are to be carried on. And the officer of inspection, to whom fuch application and payment, or By whom tender as aforefaid, fhall be made, fhall forth- the fame with iffue the license or licenfes requested, counterhaving first filled the blanks therein, and signed and counterfigned the fame. Provided always, That no license fhall be granted to any perfon to fell wines or foreign diftilled fpirituous liquors, who is prohibited to fell the fame, by the laws of any state. iffued. direction Sec. 4. And be it further enacted, That the Duties duties aforefaid fhall be received, collected, ac- herein, uncounted for, and paid under and fubject to the der whose fuperintendance, controul and direction of the to be redepartment of the treafury, according to the ceived, &e. authorities and duties of the refpective officers thereof. how fued Sec. 5. And be it further enacted, That all Fines, &c. fines, penalties and forfeitures, which fhall be for and reincurred by force of this act, shall and may be covered. fued for, and recovered, in the name of the United States, or of the fupervisor of the revenue, within whose district, any fuch fine, penalty or forfeiture, fhall have been incurred, by bill, plaint or information, one moiety thereof to the use of the United States, and the other moiety thereof to the ufe of the perfon, who, if an officer of infpection, fhall firft dif cover, if other than an officer of infpection, fhall firft inform of the caufe, matter or thing, whereby any such fine, penalty or forfeiture, fhall have been incurred, and where the cause of action or complaint fhall arife or accrue more than fifty miles diftant from the nearest place by law established for the holding of a district court within the district in which the fame fhall arife or accrue, fuch fuit and reco Prefident to compen very may be had before any court of the state holden within the faid district having jurifdiction in like cafes. Sec. 6. And be it further enacted, That it of the Uni- fhall be lawful for the Prefident of the United States ted States, and he is hereby empowered to fate officers make fuch allowances for compenfation to the of infpec- officers of infpection employed in the collection of the duties aforefaid, and for incidental expenfes, as he fhall judge reasonable, not exceeding in the whole, two and a half per centum of the total amount of the faid duties collected. tion. Not exceed ing two & a half per cent. &c. of this act. Sec. 7. And be it further enacted, That this Limitation act fhall continue and be in force for the term of two years, and from thence to the end of the then next feffion of Congrefs and no longer. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives. RALPH IZARD, Prefident of the Senate, pro tempore. APPROVED, June the fifth, 1794: GEORGE WASHINGTON, Prefident of the United States. CHAPTER XLIX. An Act making further Provifion for fecuring and collecting the Duties on foreign and domeftic diftilled Spirits, Stills, Wines and Teas. Sec. I. E it enacted by the Senate and Houfe BE of Reprefentatives of the United States of America, in Congress affembled, That in order to facilitate and fecure the collection of the revenue on diftilled spirits, and ftills, in au- colledion erect of dutics on make States, as to diftilled fpirits, &c. fuch ftates as have been, or hereafter may be Certain erected, and in the territories north-weft and powers to Prefident of fouth of the river Ohio, the Prefident of the the United United States fhall be, and he is hereby thorized and empowered to form and fuch new districts and furveys, and to fuch alterations in, and additions to the feyeral diftricts, and in and to the feveral furveys thereof, as, from time to time, shall appear, in his judgment, expedient and neceffary; and that it shall also be lawful for the President, by and with the advice and consent of the Senate, to appoint fuch and fo many fupervisors, infpectors of furveys, and infpectors of ports, therein and therefor, as may be found neceffary, and to affign to them compensations proportionate to those heretofore, or which may hereafter be allowed, to the officers of the revenue. Provided, That if the appointment of fuch fupervisors and infpectors cannot be made, dur-pointment ing the present feffion of Congrefs, the Prefi- of fupervi dent may, and he is hereby empowered to make fuch appointments, during the recefs of the Senate, by granting commiffions, which will expire at the end of their next session. And ap fors, &c. ftills not able to Sec. 2. And be it further enacted, That all Spirits diffpirits which fhall be distilled in the United tilled in States, in ftills which fhall not have been pre- entered, liviously entered at fome office of infpection, feizure. fhall be liable, together with the ftills or other veffels used in the diftillation thereof, to feizure and forfeiture. allowed on Sec. 3. And be it further enacted, That no Drawback drawback of the duty on diftilled fpirits, which not to be shall be exported after the first day of July less than next, fhall be allowed upon any quantity lefs 150 gallons. than one hundred and fifty gallons. On what certain fpirits may be imported. condition Before fale to be dc faced. Sec. 4. And be it further enacted, That it fhall be lawful to import into the United States, in the fame fhip or veffel in which they were exported, any fpirits diftilled therein, which fhall have been previously exported therefrom, on payment of the duties on fpirits of equal proof, diftilled in the United States, and of a fum equivalent to the duties eftablished by law upon the raw materials, from whence they fhall have been diftilled; and all fuch importations fhall be made, under the fame regulations, and in fuch manner, as is directed by law, in regard to the importation of foreign distilled spirits. Sec. 5. And be it further enacted, That of emptied from and after the first day of July next, on cafks marks the fale of any emptied cafk, veffel or package, which has been or fhall be lawfully marked, as containing foreign or domeftic diftilled fpirits, wines or teas, and prior to the removal thereof, and to the delivery of the same to the purchaser, the marks or numbers which fhall or may have been made thereon, by any officer of inspection, or by any perfon employed or authorized by any fuch officer, fhall be defaced, cut off, or obliterated; and if any fuch cafk, veffel or package fhall be fold, removed, delivered or received, prior to fuch defacing, Forfeiture cutting off or obliterating being made, every on neglect perfon concerned in the purchase, fale or delivery, fhall forfeit and pay the fum of fifty thereof. In what manner fills fall dollars. Sec. 6. And be it further enacted, That all ftills without heads, or other veffels that fhall be used as ftills in the diftillation of ardent be entered. fpirits, fhall be duly entered by the owner or owners thereof, in the manner prefcribed in and by the fecond fection of the act, intitled, "An act concerning the duties on spirits dif- cafks, &c. Sec. 7. And be it further enacted, That any Forfeiture person or perfons, who fhall counterfeit the on counterfesting cer certificates for, or the marks or numbers to be tificate or fet upon any cafk, veffel or package contain- marks of ing wines, teas, or foreign or domestic distilled fpirits, or upon stills, which the officers of infpection are, or fhall be authorized to make thereon, by and in pursuance of the laws concerning the fame, or who fhall fraudulently rub out or deface, prior to drawing off, or emptying the contents, any marks or numbers fet upon any cafk or package of wine or tea, in purfuance of law, fhall, for every fuch offence, forfeit and pay the fum of one hundred dollars. ftills fhall Sec. 8. And be it further enacted, That eve- When ry owner, or worker of a licensed ftill, fhall be owners of required to make oath or affirmation, previous make oath. to any renewal of his license, that he hath not diftilled therein, fince the commencement of the term specified in fuch license, excepting only, during the term, for which it fhall have been granted. Sec. 9. And be it further enacted, That it fhall and may be lawful for the judicial courts of the several states, and of the territory of the |