All penalties provided for by this act shall be recoverable as provided for by the ninth section of the act of April 5, 1862, in reference to gauging liquid merchandise in the city of Pittsburg: Provided, That the provisions of this act shall not apply to any malt liquors or any distilled spirits which have been heretofore or previously been gauged by any United States gauger or inspector.
47 P.S. § 743