Certain

perfons declared to be

ers in wines.

Certain

clared to be

fo

reign diftil

An Act laying Duties on Licenfes for felling Wines and foreign diftilled Spirituous Liquors by Re

tail.

Sec. I.

B

E it enacted by the Senate and House of Reprefentatives of the United retail-deal- States of America, in Congress affembled, That every perfon, who fhall deal in the felling of wines, to be carried or fent out of the house, building or place of his or her dwelling, in a lefs quantity, or in lefs quantities, at one time, than thirty gallons, except in the original cafk, cafe, box or package, wherein the fame shall have been imported, fhall be deemed to be, and hereby is declared to be, a retail-dealer perfons de in wines, within the meaning of this act; and retail-deal- that every perfon, who fhall deal in the felling ers in to of any foreign diftilled fpirituous liquors, to led (pirits. be carried or fent out of the house, building or place of his or her dwelling, in lefs quantities than twenty gallons, at one time, fhall be deemed to be, and hereby is declared to be a retail-dealer in foreign diftilled spirituous liquors: Provided always, That nothing herein contained fhall be conftrued to extend to perfons, who, as keepers of taverns, inns or houfes of entertainment, duly licenfed or authorized under any law of a ftate, fhall vend or fell really and truly for confumption, within the houfes, buildings or premifes, only, by them respectively occupied or kept, as taverns, inns, or other houses of entertainment, wines or distilled spirituous liquors, in whatsoever quantity, nor to phyficians, apothecaries, furgeons or chemifts, as to any wines or fpirituous liquors, which they may ufe in the preparation

or making up of medicines, for fick, lame or difeafed perfons only.

next to ob

cenfc.

Sec. 2. And be it further enacted, That On 30th of every perfon, who, on the 30th day of Sep- September tember next, shall be a retail-dealer in wines, tain lior foreign diftilled fpirituous liquors, as above described and defined, both, or either of them, fhall, before the faid day, and every perfon, who, after the faid day, fhall become, or intend to become fuch retail-dealer in wines or foreign diftilled fpirituous liquors, both or either of them fhall, before he or she shall begin to vend, or fell, by retail, any wine or wines, or foreign diftilled fpirituous liquors, apply for and obtain, in manner hereinafter directed, a license for carrying on the business of retailing wines or foreign diftilled fpirituous liquors, as the cafe may be, that is to say; one license for carrying on the business of retailing wines, and another license for carrying on the bufinefs of retailing foreign diftilled dealers in fpirituous liquors; which licenfes refpectively, wines, &c. fhall be granted for the term of one year, licenfes. upon the payment of five dollars for each license; and fhall be renewed, yearly, upon the payment of the like fum of five dollars for each license. And if any perfon fhall, after the said day, deal in the felling of wines or foreign diftilled spirituous liquors; by retail, as above defcribed and defined, without having a license therefor, as aforefaid, continuing in force, fuch perfon fhall forfeit and pay the fum of fifty dollars, to be recovered with cofts of on neglect fuit. And no fuch license fhall be fufficient for thereof. the felling of wines, or foreign diftilled fpirituous liquors, by retail, at more than one place; but any perfon, who, by colour of fuch licenfe, fhall fell any wines, or foreign diftilled fpirituous

Retail

to obtain

Forfeiture

Licenfes,

granted,

liquors, at more than one place, shall be deemed to be, in respect to fuch of the faid articles, as he or fhe fhall fo fell, at more than one place, a retail-dealer therein without license, and fhall forfeit and pay the like fum of fifty dollars, to be recovered with cofts of fuit.

Sec. 3. And be it further enacted, That it by whom fhall be the duty of the supervisors of the revenue, within their refpective districts, to grant licenfes for carrying on the faid bufineffes, refpectively, of retailing wines and foreign diftilled fpirituous liquors, which licenfes fhall be marked or ftamped with a mark or stamp, denoting the fum of the duty thereupon; and fhall be figned by the supervisor of the revenue, who fhall iffue the fame, or cause the fame to be iffued, and fhall be granted to any person, who fhall defire the fame, upon application whom iffu- made at any office of infpection, for that

How defig. nated and Ggned.

And to

cd.

pur

pofe, in writing, specifying the name of the perfon for whom a licenfe is requested, and the place or premises, where the bufinefs, for which the fame is requested to be carried on, and alfo upon payment or tender to the officer thereof, of the fum or duty payable by this act, upon each license requefted. And, to the end, Supervifors that all perfons carrying on, or intending to officers of carry on, both or either of the faid bufineffes, infpection with blank may obtain, with ease and dispatch, the licenses, licenfes. whereof they fhall refpectively stand in need,

to furnish

it is hereby made the duty of the respective fupervisors, to prepare and furnish to the feveral officers of infpection acting under them, licenfes figned by them, with the proper marks and ftamps, in competent number, and with blanks for the names of the perfons for whom they fhall be requested, and the places or premises refpectively where the business or bu

fhall be

counter

finesses, for which they are requested, is or are to be carried on. And the officer of infpection, to whom fuch application and payment, or By whom tender as aforefaid, fhall be made, fhall forth- the fame with iffue the licenfe or licenfes requested, having first filled the blanks therein, and figned and counterfigned the fame. Provided always, That no license shall 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.

Duties

der whofe

Sec. 4. And be it further enacted, That the duties aforefaid fhall be received, collected, ac- herein, uncounted for, and paid under and subject to the direction fuperintendance, controul and direction of the to be redepartment of the treafury, according to the ceived, &e. authorities and duties of the respective officers

thereof.

how fucd

Sec. 5. And be it further enacted, That all Fines, &. fines, penalties and forfeitures, which fhall be for and reincurred by force of this act, fhall and may be covered. fued for, and recovered, in the name of the United States, or of the fupervisor of the revenue, within whofe diftrict, 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 first difcover, if other than an officer of inspection, fhall firft inform of the cause, matter or thing, whereby any fuch fine, penalty or forfeiture, fhall have been incurred, and where the cause of action or complaint fhall arise 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 same shall arife or accrue, fuch fuit and reco

Prefident

to compen

very may be had before any court of the ftate holden within the faid diftrict 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 reafonable, not exceed ing 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 Reprefentatives. 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 domestic diftilled Spirits, Stills, Wines and Teas.

Sec. I.

B1

E it enacted by the Senate and House 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 fpirits, and ftills, in