3. That if any person shall falsely take the oath or affirma- The pains and tion aforesaid, such person shall be deemed guilty of perjury, penalties of and suffer the pains and penalties in that case provided. perjury for false swearing. § 4. That this act shall continue, and be in force, for the Limitation of space of one year from the passing thereof, and from thence to this act to the the end of the next session of congress, and no longer. [Ap- 1794. proved, May 5, 1792.] 9th June, CHAP. [30.] An act authorizing the grant and conveyance of certain lands to John Vol. i. p. 233. Cleves Symmes and his associates. for the por 1. Be it enacted, &c. That the president of the United The president States be, and he hereby is, authorized and empowered to issue authorized to letters patent, in the name and under the seal of the United grant patents States, thereby granting and conveying to John Cleves Symmes tions of land and his associates, and to their heirs and assigns, in fee simple, paid for, &c. such number of acres of land as the payments already made by the said John Cleves Symmes, his agents, or associates, under their contract of the fifteenth day of October, one thousand seven hundred and eighty-eight, will pay for, estimating the lands at two-thirds of a dollar per acre, and making the reservations specified in the said contract. authorized to convey another tract, &c. 2. That the president be, and he hereby is, further author- The president ized and empowered, by letters patent as aforesaid, to grant and convey to the said John Cleves Symmes and his associates, and to their heirs and assigns, in fee simple, one other tract of one hundred and six thousand eight hundred and fifty-seven acres, with the reservations as aforesaid: Provided, That the said John Cleves Symmes, or his agents or associates, or any of them, shall deliver to the secretary of the treasury, within six months, warrants which issued for army bounty rights, sufficient for that purpose, according to the provision of the resolves of congress Vol. ii. p. 890. of the twenty-third of July, and second of October, one thousand seven hundred and eighty-seven; but in case so many warrants should not be delivered, then the letters patent, last aforesaid, to be given for such number of acres as shall be in proportion to the warrants so delivered. John Cleves 3. That the president be, and he is hereby authorized and The president empowered, by letters patent as aforesaid, to grant and convey authorized to unto the said John Cleves Symmes, and his associates, their convey to heirs and assigns, in trust, for the purpose of establishing an Symmes, &c. academy, and other public schools and seminaries of learning, a township, in one complete township, conformably to an order of congress of trust, for estathe second of October, one thousand seven hundred and eighty- academy, &c. seven, made in consequence of the application of the said John Cleves Symmes, for the purchase of the tract aforesaid. blishing an 4. That the several quantities of land, to be granted and The lands conveyed as aforesaid, shall be included and located within such granted, to be located, &c. limits and lines of boundary as the president may judge expediaccording to ent, agreeably to an act passed the twelfth day of April, one act of 12th thousand seven hundred and ninety-two, "for ascertaining the April, 1792. bounds of a tract of land purchased by John Cleves Symmes." [Approved, May 5, 1792.] 1 Obsolete. Congress to meet on the CHAP. [31.] An act to alter the time for the next annual meeting of congress. [This act provides, that, after the adjournment of the present session, the next annual meeting of congress shall be on the first Monday in November, 1792. It was approved on the 5th of in Nov. 1792., May, 1792.]' first Monday Repealed. Existing du- last day of CHAP. [32.] An act concerning the duties on spirits distilled within the United § 1. Be it enacted, &c. That from and after the last day of Juue next, the present duties upon spirits distilled within the United States, and on stills, shall cease, and that, in lieu thereof, upon all spirits which, after the said day, shall be distilled within the United States, wholly, or in part, from molasses, sugar, or other foreign materials, there shall be paid the duties following, that is to say: Duties paya- Duties on spi- from materials of domestic growth, &c. those spirits, of the fifth class of proof, eighteen cents; for every gallon of those spirits, of the sixth class of proof, twenty-five cents. And upon all spirits which, after the said day, shall be distilled within the United States from materials of the growth or produce of the United States, in any city, town or village, at any distillery at which there shall be one or more stills which, singly or together, shall be of the capacity of four hundred gallons, or upwards, there shall be paid the duties following, that is to say: For every gallon of those spirits, of the first class of proof, seven cents; for every gallon of those spirits, of the second class of proof, eight cents; for every gallon of those spirits, of the third class of proof, nine cents; for every gallon of those spirits, of the fourth class of proof, eleven cents; for every gallon of those spirits, of the fifth class of proof, thirteen cents; for every gallon of those spirits, of the sixth class of proof, eighteen cents. Duty on stills. And upon stills which, after the said day, shall be employed in distilling spirits from materials of the growth or produce of the United States, at any other place than a city, town, or village, or at any distillery in a city, town, or village, at which there shall be one or more stills which, singly if only one, or together if more than one, shall be of less capacity than four hundred gallons, there shall be paid the yearly duty of fifty-four cents for every gallon, English wine measure, of the capacity or content of each and every such still, including the head thereof: ProOption to the vided, That it shall be at the option of the proprietor or possessor proprietors of of any such still, instead of the said yearly duty, either to pay stills, &c. seven cents for every gallon of spirits by him, or her distilled, or to pay at the rate of ten cents per gallon, of the capacity, for each and every month of the employment of any such still; and Proprietors of in case the said proprietor or possessor shall elect to pay, either stills to modify their election the said rate of seven cents per gallon, of the spirits by him or her distilled, or the said monthly rate of ten cents, according to to pay, in one the capacity of his or her still or stills, he or she, at the time of of the modes prescribed, in making entry of his or her still or stills, in manner hereinafter writing, &c. directed, shall, by writing under his or her hand, left at the office of inspection where such entry shall be made, notify the said election; and if the same shall be to pay the said monthly rate License, in of ten cents, shall demand a license of the term of time, specify- case of elecing the day of commencing and the day of ending, during which tion to pay monthly rate, he or she shall intend to work his or her still or stills, which li- &c. cense shall, without delay or expense to the said proprietor or possessor, be granted, and shall be signed by the supervisors of the revenue, and countersigned by the officer at whose office application for the same shall have been made. And in the case In case of elecof an election to pay the said monthly rate of ten cents, it shall tion to pay the not be lawful for any person, by whom the same shall have been monthly rate, made, to work his or her still or stills, at any time within the year, not at liberty the proprietor from the date of his or her entry thereof, other than that for to work the which a license shall have been granted, unless he or she shall still at other have previously obtained another license for such further time, times, without which, upon like application, shall and may be granted, in like cense. manner; and if any such person shall work his or her still or Forfeit of 200 stills, contrary to the direction or provision aforesaid, he or she doll. for workshall forfeit or pay, for every such offence, two hundred dollars. ing stills conAnd in every case in which any proprietor or possessor of a stilltrary to preceding provi or stills, subject to the payment of duty according to the capaci- sions, &c. ty of such still or stills, shall not make election to pay according Proprietors of to one or the other of the alternatives aforesaid, or shall not duly ing election, to comply therewith, he or she shall be liable to pay, and shall pay, pay the yearly the said yearly rate of fifty-four cents for every gallon of the ca- rate pacity or capacities of his or her still or stills. a further li stills not mak per gallon, on the capacity, &c. One office of inspection in where stills each county, are to be entered, &c. § 2. That there be, in each county comprehended within any district, at least one office of inspection, at which every person, having or keeping a still or stills within such county, shall, between the last day of May and the first day of July, in each year, make entry of such still or stills; and at which every person who, being a resident within the county, shall procure a still or stills, or who, removing within a county, shall bring therein a still or stills, shall, within thirty days after such procuring or removal, and before he or she shall begin to use such still or stills, make entry thereof. And every entry, besides describing each Every entry of still, and the capacity thereof, shall specify the place where, and a still to desthe person in whose possession, it is, and the purpose for which cribe the place where, the it is intended, as, whether for sale, or use in distilling; and, in person in the case of removal, shall specify the place from which every whose possessuch still shall have been brought. sion, &c. 3. That every proprietor and possessor of a still shall be, Proprietors of jointly and severally, liable for the duty thereupon; and that stills jointly and severally every owner of land, upon which any still shall be worked, shall liable for dube liable for the duty thereupon, unless the same shall be work- ties, &c. ed by a lawful and bona fide tenant of the land of an estate, not Owner of land also lialess than for the term of one year, or unless such owner can ble; unless, make it appear that the possessor of, or person by whom, such &c. still shall have been worked, was, during the whole time of working the same, a trespasser or intruder on his land. Officers of inspection, to forbear, for a certain time each day, up on notice in writing from the proprietors, to visit distilleries of Sweet cordials. geneva or The secretary certificates, § 4. That every officer of inspection within whose survey any distillery of Geneva or sweet cordials, subject to the payment of duty by the gallon of the spirits distilled thereon, may be, shall forbear to visit or inspect, for a space not exceeding two hours in each day, such part of the said distillery as he may be required by the proprietor, possessor, or manager, of such distillery, to forbear to visit and inspect, for which purpose it shall be necessary for the said proprietor, possessor, or manager to give notice in writing to the said officer, describing therein particularly the part of such distillery which it shall be his desire that the said officer may forbear to visit and inspect, and specifying the time of each day for which such forbearance shall be desired. 5. That it may be in the discretion of the secretary of the of the treasury treasury to regulate, as well the marks to be set upon the casks, to regulate the vessels, and packages, containing distilled spirits, as the forms of marks upon casks, forms of the certificates which are to accompany the same; and that, when any cask or vessel, in which distilled spirits have been con&c. Casks contained, shall have been emptied of its contents, it shall be lawtaining distillful for the marks thereupon to be effaced by, or in the presence ed spirits, on being emptied, of, an officer of inspection, and if the said cask or vessel shall afmay have the terwards be used for putting therein other spirits, the same may marks effaced, be marked anew. &c. Six, instead of 6. That instead of a notice of twenty-four hours, heretofore twenty-four, required to be given, of the intent to export distilled spirits, in order to the benefit of the drawback of the duties thereupon, of intention to export, to enti- six hours shall be sufficient. hours' notice tle to drawback, &c. Abatement for leakage. Stills, paying duty accord ing to capacity, to be iden 10 § 7. That there be an abatement for leakage, at the rate of two per cent. in every case in which the duty shall be payable by the gallon of the spirits distilled, to be allowed at the distillery where such spirits shall be made. 8. That the officer of inspection, within whose survey any still shall be, the duty whereupon is payable according to the capacity of the still, shall identify, by progressive numbers and other proper marks, every such still within his survey, and the duty to be a duty thereupon shall operate as a specific lien upon the said still. tified, and the lien thereon. sion, &c. not Distilled spir§ 9. That every distiller of, and dealer in, spirits, who may its in posses- have in his or her possession distilled spirits, not marked or cermarked or certified, pursuant to the act, entitled "An act repealing, after the tified, to be re- last day of June next, the duties heretofore laid upon distilled Vol. i. p. 178. spirits imported from abroad, and laying others in their stead; ported, &c. Casks not marked and certified according to law, liable to seizure, &c. and also upon spirits distilled within the United States, and for appropriating the same," shall, prior to the last day of September next, report the spirits in his or her possession, in writing, at some office of inspection, to the end that such spirits may be marked and certified as old stock. And that, from and after the said last day of September next, casks and vessels, of the capacity of twenty gallons and upwards, containing distilled spirits, which shall be found in the possession of any distiller or dealer in spirits, except at a distillery where the same were made, or in going from one place to another, without being marked according to law, or without having a certificate from some proper officer, shall be liable to seizure and forfeiture; and that it shall be the duty of the several officers of inspection, upon request of Officers of inany dealer or distiller, to take measures for the marking of casks, spection to mark casks, vessels, and packages, containing distilled spirits, and to furnish and furnish such dealer or distiller, free from expense, with certificates 10 certificates, accompany the same: Provided, That it shall not be incumbent upon any such officer to mark or certify any cask, vessel, or mark casks package, which ought to have been before marked or certified that ought to according to any law of the United States. &c. have been previously mark § 10. That from and after the last day of April, one thousand ed. seven hundred and ninety-three, no distilled spirits, except arrack and sweet cordials, shall be brought into the United States from any foreign port or place, except in casks or vessels of the capacity of ninety gallons and upwards. § 11. That no drawback of the duty on distilled spirits, which shall be exported after the last day of June next, shall be allow. ed upon any quantity less than one hundred gallons. § 12. That after the last day of June next, no distilled spirits shall be brought into the United States, from any foreign port or place, in any cask or vessel which shall have been marked pursuant to any law of the United States concerning distilled spirits, on pain of forfeiture of the spirits so brought, and of the ship or vessel in which they shall be brought. After April 30, than 90 galls. 1792, no importations in casks marked pursuant to any law of the U. S. &c. Forfeit of 250 dolls. for neg lect to enter stills, &c. Spirits imported after the last day of casks less § 13. That if the owner or possessor of any still or stil ball neglect to make entry thereof, within the time, and in the manner, prescribed by the second section of this act, such owner or possessor shall forfeit and pay the sum of two hundred and fifty dollars; and if any distilled spirits, except arrack and sweet cordials, shall, after the last day of April next, be brought into the United States in casks or vessels of less capacity than ninety gallons, all such spirits, and the casks and vessels containing the same, shall be subject to seizure and forfeiture, and every such than 90 galls. penalty or forfeiture shall be, one half to the use of the United &c. forfeited. States, and the other half to the use of the person who shall first discover and make known the matter or thing whereby the same shall have been incurred. 14. That the duties hereby laid, shall continue in force for Continuance the same time, and are hereby pledged and appropriated to and and pledge of for the same purposes, as those in lieu of which they are laid, duties, &c. and pursuant to the act, entitled "An act repealing, after the Vol. i. p. 178. last day of June nex', the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same." ties to make good deficien §15. That to make good any deficiency which may happen Appropriation in consequence of the reduction hereby made in the rates of of the product the duties on spirits distilled within the United States, and on of certain dustills, so much of the product of the duties laid by the act, eutitled "An act for raising a farther sum of money for the pro- cies happentection of the frontiers, and for other purposes therein mention- ing from reed," as may be necessary, shall be, and is hereby, pledged and duction of duappropriated to the same purposes, to and for which the duties, Vol. i. p. 238. hereby reduced, were pledged and appropriated. ties, &c. 16. That the president of the United States be authorized to The president authorized to |