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for army bounty rights sufficient for that purpose, according to the provision of the resolves of Congress 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.
Sec. 3. And be it further enacted, That the President be and he is One township hereby authorized and empowered, by letters patent as aforesaid, to granted for sem
inaries of learn. grant and convey unto the said John Cleves Symmes and his associates, ing. their heirs and assigns, in trust for the purpose of establishing an academy and other public schools and seminaries of learning, one complete township, conformably to an order of Congress of the second of October, one thousand seven hundred and eighty-seven, made in consequence of the application of the said John Cleves Symmes, for the purchase of the tract aforesaid.
Sec. 4. And be it further enacted, That the several quantities of The lands to land, to be granted and conveyed as aforesaid, shall be included and be located
agreeable to a located within such limits and lines of boundary, as the President may former act. judge expedient, agreeably to an act passed the twelfth day of April one thousand seven hundred and ninety-two, “for ascertaining the Ante, p. 251. bounds of a tract of land purchased by John Cleves Symmes.”
APPROVED, May 5th, 1792.
May 5, 1792.
CHAP. XXXI.-An Act to alter the time for the next Annual Meeting of
Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the adjournment of the present session, the next annual meeting of Congress shall be on the first Monday in November next.
APPROVED, May 5, 1792.
Chap. XXXII.-An Act concerning the Duties on Spirits distilled within the
May 8, 1792. United States. Section 1. Be it enacted by the Senate and House of Representa (Repealed.] tives of the United States of America in Congress assembled, That from
Act of April
6, 1802, ch. 19, and after the last day of June next, the present duties upon spirits distilled within the United States, and on stills shall cease, and that in lieu Former duties thereof, upon all spirits which after the said day shall be distilled within after the last
day of June to the United States wholly or in part from molasses, sugar or other
cease, and foreign materials, there shall be paid the duties following, that is to say:
For every gallon of those spirits of the first class of proof, ten cents; Other duties --for every gallon of those spirits of the second class of proof, eleven to be paid upon cents ;-for every gallon of those spirits of the third class of proof, from foreign twelve cents;-for every gallon of those spirits of the fourth class of materials. proof, fourteen cents;-for every gallon of 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;
On spirits dis. -for every gallon of those spirits of the second class of proof, eight tilled of the macents;—for every gallon of those spirits of the third class of proof, nine terials of the U.
States. 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 Duty on stills. proof, eighteen cents.—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 How paid. thereof: Provided, That it shall be at the option of the proprietor or
possessor of any such still, instead of the said yearly duty, either to pay 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 Owners in month of the employment of any such still; and in case the said prowhat cases &c. prietor or possessor shall elect to pay either the said rate of seven cents entry of stills, per gallon, of the spirits by him or her distilled, or the said monthly rate
of ten cents, according to the capacity of his or her still or stills, he or she
at the time of making entry of his or her still or stills in manner herein and to obtain li. after directed, shall by writing under his or her hand, left at the office of cense for work. inspection where such entry shall be made, notify the said election, and ing them.
if the same shall be to pay the said monthly rate of ten cents, shall
every such offence, two hundred dollars. And in every case Penalty for in which any proprietor or possessor of a still or stills subject to the working stills without license.
payment of duty according to the capacity of such still or stills, shall not
make election to pay according to one or the other of the alternatives 1798, ch. 10. aforesaid; or shall not duly comply therewith, he or she shall be liable
to pay, and shall pay the said yearly rate of fifty-four cents for every
gallon of the capacity or capacities of his or her still or stills. Office of in. Sec. 2. And be it further enacted, That there be in each county spection in each comprehended within any district, at least one office of inspection, at county for entry 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,
still shall be jointly and severally liable for the duty thereupon;
and that every owner of land, upon which any still shall be worked, shall Proprietors &c. be liable for the duty thereupon, unless the same shall be worked by a
how liable for
duty on stills. lawful and bona fide tenant of the land of an estate, not less than for the term of one year, or unless such owner can make it appear, that the possessor of, or person by whom such still shall have been worked, was during the whole time of working the same, a trespasser or intruder on his land.
Sec. 4. And be it further enacted, That every officer of inspection Officers to for within whose survey any distillery of geneva or sweet cordials, subject bear inspecting to the payment of duty by the gallon of the spirits distilled thereon distillery of gemay be, shall forbear to visit or inspect for a space not exceeding two hours, &c. 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 on written noofficer, describing therein particularly the part of such distillery, which tice from the
proprietors. 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.
Sec. 5. And be it further enacted, That it shall be in the discretion Secretary of of the secretary of the treasury to regulate as well the marks, to be the treasury to
regulate marks set upon the casks, vessels and packages containing distilled spirits, as
upon casks, &c. the forms of the certificates which are to accompany the same, and that when any cask or vessel in which distilled spirits have been contained, shall have been emptied of its contents, it shall be lawful for the marks thereupon to be effaced by, or in the presence of an officer of inspection, and if the said cask or vessel shall afterwards be used for putting therein other spirits, the same may be marked anew.
Sec. 6. And be it further enacted, That instead of a notice of twenty Notice to be four hours heretofore required to be given of the intent to export dis- given for obtaintilled spirits in order to the benefit of the drawback of the duties there ing drawback
on spirits upon, six hours shall be sufficient.
ported. Sec. 7. And be it further enacted, That there be an abatement for Abatement leakage at the rate of two per cent. in every case in which the duty shall for leakage. be payable by the gallon of the spirits distilled, to be allowed at the
1791, ch. 15,
sec, 52. distillery where such spirits shall be made.
Sec. 8. And be it further enacted, That the officer of inspection Duty of offi. within whose survey any still shall be, the duty whereupon is payable cer of inspec. according to the capacity of the still shall identify by progressive num
tion herein. bers and other proper marks, every such still within his survey, and the duty thereupon shall operate as a specific lien upon the said still.
Sec. 9. And be it further enacted, That every distiller of, and dea Distilleries &c. ler in spirits, who may have in his or her possession, distilled spirits of spirits when not marked or certified, pursuant to the act, intituled "An act repealing
to report the
quantity on after the last day of June next, the duties heretofore laid upon distilled hand; spirits imported from abroad, and laying others in their stead, and also
1791, ch. 15. 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 casks not mark. that from and after the said last day of September next, casks and ves
ed according to
law liable sels 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 any dealer or distiller, to take measures for the marking of casks, vessels and packages containing
distilled spirits, and to furnish such dealer or distiller, free from expense, Inspection of- with certificates to accompany the same: Prwided, That it shall not ficer to mark be incumbent upon any such officer to mark or certify any cask, vessel casks, &c.
or package which ought to have been before marked or certified accord
ing to any law of the United States. After April Sec. 10. And be it further enacted, That from and after the last 1293, spirits to day of April, one thousand seven hundred and ninety-three, no distilled U. States in spirits except arrack and sweet cordials, shall be brought into the United casks of 90 gal. States from any foreign port or place, except in casks or vessels of the lons, &c.
capacity of ninety gallons and upwards. Drawbacks on Sec. 11. And be it further enacted, That no drawback of the duty what quantity on distilled spirits which shall be exported after the last day of June allowed.
next, shall be allowed upon any quantity less than one hundred gallons. After June Sec. 12. And be it further enacted, That after the last day of June next how spirits next, no distilled spirits shall be brought into the United States, from shall be imported.
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. Penalty on ne. Sec. 13. And be it further enacted, That if the owner or possessor glecting to make of any still or stills shall 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 Certain spirits fifty dollars; and if any distilled spirits, except arrack and sweet cordials, imported liable to forfeiture
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 Penalties how
and forfeiture, and every such penalty or forfeiture shall be one half to disposed of.
the use of the United 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. Continuation
Sec. 14. And be it further enacted and declared, That the duties of duties laid herein, for what hereby laid shall continue in force, for the same time, and are hereby purpose appro. pledged and appropriated to and for the same purposes, as those, in lieu priated.
of which they are laid, and pursuant to the act, intituled “An act
repealing after the last day of June next, the duties heretofore laid upon 1791, ch. 15. distilled spirits imported from abroad, and Jaying others in their stead,
and also upon spirits distilled within the United States and for appro
priating the same.” Reduction of Sec. 15. And be it further enacted, That to make good any deficiency duty herein
which may happen in consequence of the reduction hereby made in made good by the rates of the duties on spirits distilled within the United States, and product of a certain act. on stills, so much of the product of the duties laid by the act, intituled
“An act for raising a farther sum of money for the protection of the 1792, ch. 27. frontiers, and for other purposes therein mentioned,” as may be neces
sary, shall be and is hereby pledged and appropriated to the same purposes, to and for which the duties, hereby reduced, were pledged and
appropriated. Allowance to Sec. 16. And be it further enacted, That the President of the United supervisors, &c. States be authorized to make such allowances for their respective ser
vices to the supervisors, inspectors and other officers of inspection, as he shall deem reasonable and proper, so as the said allowances, together with the incidental expenses of collecting the duties on spirits distilled within the United States, shall not exceed seven and an half per centum of the total product of the duties on distilled spirits, for the period to
which the said allowances shall relate, computing from the time the act, 1791, ch. 15. intituled "An act repealing after the last day of June next, 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, took effect: And provided also, not to exceed That such allowance shall not exceed the annual amount of seventy $70,000. thousand dollars, until the same shall be further ascertained by law.
Sec. 17. And be it further enacted, That the act, intituled “ An act Certain act in repealing after the last day of June next, the duties heretofore laid upon tion of the due distilled spirits imported from abroad and Jaying others in their stead, ties, &c. herein. and also upon spirits distilled within the United States, and for appropriating the same," shall extend to and be in full force for the collection 1791, ch. 15. of the several duties herein before mentioned and for the recovery and distribution of the penalties and forfeitures herein contained and generally for the execution of this act, as fully and effectually as if every regulation, restriction, penalty, provision, clause, matter, and thing therein contained were inserted in and re-enacted by this present act, subject only to the alterations hereby made.
APPROVED, May 8, 1792.
CHAP. XXXIII.-An Ad more effectually to provide for the National Defence by May 8, 1792.
establishing an Uniform Militia throughout the United States.(a) Section 1. Be it enacted by the Senate and House of Representa Militia how tives of the United States of America in Congress assembled, That and by whom each and every free able-bodied white male citizen of the respective
to be enrolled. states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall at all times hereafter be the duty of every such captain or commanding officer of a company to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good How to be musket or firelock, a sufficient bayonet and belt, two spare flints, and a armed and ac
coutred. knapsack, a pouch with a box therein to contain not less than twentyfour cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutred and provided, when called out to exercise, or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned officers
1803, ch. 15. shall severally be armed with a sword or hanger and espontoon, and that from and after five years from the passing of this act, all muskets for arming the militia as herein required, shall be of bores sufficient for
(a) The acts for the establishment of an uniform system for the government of the militia, are: An act more effectually to provide for the national defence by establishing an uniform militia throughout the United States, May 8, 1792, chap. 33; an act providing arms for the militia throughout the United States, July 6, 1798, chap. 65; an act in addition to an act entitled, “ An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States,” March 2, 1803, chap. 15; an act more effectually to provide for the organizing of the militia of the District of Columbia, March 3, 1803, chap. 20; an act establishing rules and articles for the government of the arinies of the United States, April 10, 1806, chap. 20; an act in addition to the act entitled, “An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and to repeal the act now in force for those purposes,” April 18, 1814, chap. 82; an act concerning field officers of the militia, April 20, 1816, chap. 64; an act to establish an uniform mode of discipline and field exercise for the militia of the United States, May 12, 1820, chap. 96; an act to reduce and fix the military peace establishment of the United States, March 2, 1821, chap. 12, sec. 14.