Colonial Distillation Act 1841 No 16a (NSW)

No. XVI.

An Act to amend the Laws regulating' the Distil­ lation of Spirits in the Colony of New South Wales and the levying of Duties thereon.

[17th December, 1841.]

WH E R E A S an A c t o f t h e W a l e s was passed in the th i rd year o f the re ign of H e r present

Governor and Counci l o f Now South

Ma je s ty Queen Vic to r i a in t i tu led "An Act to consolidate and amend

" the Laics for the distillation	of Spirits	in the Colony	of New	South
" Wales	and for the issue of Licenses	for distilling	rectifying	and

" compounding Spirits therein and for repealing certain Laws relating

" thereto " and whereas to render the said reci ted A c t more effectual i t is expedient tha t cer ta in provisions the reof should be explained and amended and tha t t h e provisions t he reo f should be repealed and whereas a certain other A c t o f the said Governor and Counci l was passed in the fourth year of the re ign of H e r said Ma je s ty int i tu led " An Act to

" increase the Duty on Spirits distilled in New South Wales and its

" Dependencies " which said A c t was found insufficient for the purposes t he r eby intended and i t is expedient to repeal the same B e i t therefore enacted by H i s E x c e l l e n c y the Governor o f New South W a l e s wi th the advice o f the Legis la t ive Counci l t he reo f T h a t from and after the passing

the reo f

o f this A c t the A c t herein las t reci ted shall be repealed and also so much of t h e A c t herein first reci ted as enacts tha t from and after the first day of

Apr i l in the year one thousand e ight hundred and forty i t shall not be lawful for any disti l ler to m a k e or disti l any spirits from sugar molasses or any other mater ia l s whatsoever o f foreign growth or any mix tu re the reof (gra in alone excepted) and also so m u c h the reof as enacts tha t

i f any dist i l ler shall from and after the first day of Apr i l aforesaid

m a k e or distil spiri ts from any such foreign mater ia l s (gra in excepted) such disti l ler shal l forfeit t he sum o f five hundred pounds and tha t all such wort wash and spiri ts shal l be forfeited and may be seized by any Inspec to r o f Dis t i l ler ies or Officer o f Cus toms duly authorized in that b e h a l f and also so m u c h the reof as re la tes to t h e keeping of colonial and foreign spirits in dis t inct and separate ce l la rs and the same are hereby respect ively repealed save and except as to any th ing or mat te r done or commenced to b e done before the passing of th is A c t which said ma t t e r s and th ings shal l be dealt wi th respectively as i f this present A c t had no t been passed.

2. A n d be it enacted T h a t upon all spiri ts hereafter made or

dist i l led wi th in the Colony of New Sou th W a l e s or any Dependency

thereof from and after the passing of this A c t whe ther from grain sugar molasses or any o ther a r t ic le whatsoever the re shal l be levied and collected a ra te or duty of n ine shil l ings for each and every gallon imperia l measure o f such spirits not exceeding the s t rength of hydro­

mete r proof and so in proport ion for spirits o f greater s t rength .

3 . A n d be it enacted T h a t wi th in three mon ths from and after

the pass ing of th is A c t there shall be wi th in the walls o f every l icensed dist i l lery a house or store bui l t o f s tone or b r ick in which t h e spirits when distilled shal l be deposited the door or every door o f which i f more than one shal l be secured by two locks to each door the key of one of which locks on each door shall be kept by the owner of such disti l lery and the key of the other o f the said locks shall be kept by the Inspec to r of Dist i l ler ies or by such other officer as m a y be appointed by the Governor for the t ime being for the purpose of keep­ ing t h e same and it shal l not be lawful for any person to open the said locks or en te r in to the said house or store unless in the presence or by the permiss ion of such Inspec to r o f Dis t i l ler ies or other officer so appointed as aforesaid and any person who shal l open the said locks or en ter in to the said house or store otherwise t han in t h e presence or with the permission of such inspector or officer so appointed as afore­ said shal l be l iable on convic t ion the reof to forfeit and pay a pena l ty

o f one hundred pounds.

4 . A n d be it enacted T h a t i f any person shal l give offer or pro­

mise to give any br ibe recompense or reward or shal l m a k e any col­ lus ive agreement with any such inspector or o ther officer so appointed as aforesaid to induce h im in any way to neglect his duty or to conceal or connive at any act whereby any of the provisions of th i s A c t or the first reci ted A c t m a y be evaded every such person so offending shal l on convic t ion the reof forfeit and pay a penal ty or sum of two hundred
pounds whether such gift or offer shal l be accepted or such promise
performed or not and any inspector or other officer who shall directly or indi rec t ly t a k e or receive any br ibe recompense or reward or shal l in any way neg lec t his duty or conceal or connive at any act whereby any of the provisions of the said reci ted A c t or th is A c t m a y be evaded shall forfeit and pay a l ike penal ty or sum of two hundred

pounds.

5. A n d be it enacted T h a t i f any Officer o f Cus toms Inspec to r

of Dis t i l le r ies or any other officer or officers appointed by t h e said
Governor in t ha t b e h a l f as aforesaid shal l have reasonable grounds

to bel ieve t ha t spirits upon which the duty has no t been paid are kept

or concealed in any house or place wi th in the said Colony or i ts

Dependencies i t shall and may be lawful for such Officer o f Customs Inspec to r o f Dis t i l ler ies or o ther officer or officers appointed as afore­ said to enter into such house or place in the day-t ime wi th writ o f ass is tance and accompanied by a peace officer and search for and seize any such spirits found there in and to deposit t he same in the Queen ' s W a r e h o u s e at the Cus tom H o u s e or other place appointed by the said Governor for tha t purpose un t i l restored or condemned in manner directed by t h e said first rec i ted A c t .

0. A n d be it enacted T h a t i f any l icensed disti l ler shal l have

or keep upon his premises any worm or worms except one worm for each s t i l l l icensed in manne r provided by the said reci ted A c t such dist i l ler shal l forfeit and pay a penal ty or sum of twenty pounds for each and every worm found on his said premises exceeding the number o f st i l ls l icensed to b e used thereon Provided however tha t no th ing herein contained shal l prevent any number o f worms be ing kep t in the store in which spirits when disti l led are to b e deposited

under t h e secur i ty o f two locks as aforesaid.

3 G—VOL. 2 . 7.

7. A n d b e i t enac ted T h a t in order to prevent any miscon­ struct ion of t h e t e rms and expressions used in the said first rec i ted A c t or i n th is A c t wherever t h e t e rms or expressions following occu r therein the same shall be cons t rued respect ively i n m a n n e r hereinaf ter directed ( tha t is to say) tha t the t e rm wort shal l be construed to m e a n wort wash pot-ale dunder and s ingl ings tha t the t e rm spirits shal l b e construed to m e a n brandy r u m gin low wines and feints and a l l descript ions and k inds o f spir i tuous l iquors whatsoever and tha t t h e t e rm premises shall include and ex tend to a l l out-houses and o ther bui ld ings be long ing to the same proprie tor on the place appropriated

to the dist i l lat ion and s tor ing o f spiri ts .

8. A n d be i t enacted T h a t the duty by th is A c t imposed shal l

be raised col lected recovered secured and paid in such manne r and b y such ways and means and under such m a n a g e m e n t and under a n d subject to such rules regula t ions condit ions penal t ies and forfeitures and wi th such power of adjudging and mi t iga t ing penalt ies and for­ feitures and wi th and subject to such powers and to t h e l ike rules and directions and by such methods and in such m a n n e r and form as is directed and prescr ibed b y the A c t hereinbefore first rec i ted and t ha t all t h e provisions penal t ies forfeitures powers author i t ies rules and directions ment ioned and conta ined in the said reci ted A c t shal l be pract ised and put in execu t ion for the ra is ing receiving levying recover ing or secur ing payment o f the said duty by th is A c t imposed

and t h e respect ive penal t ies hereinbefore . ment ioned	as fully a n d
effectually to a l l in ten t s	and purposes as i f the said reci ted A c t were

par t icu la r ly repeated and re-enacted i n th is A c t .

9 . A n d be it enac ted T h a t i t shal l and m a y be l a w f u l for the

Governor for the t ime be ing o f the said Colony to remi t or reduce t h e said penal t ies as to t h e said Governor shal l seem meet .