Colonial Distillation Act 1845 No 26a (NSW)

No. XXVI.

An Act to amend the Acts now in force respect­ ing the Distillation of Spirits and more effectually to prevent Illicit Distillation [12th

November, 1845.]

Majesty intituled "An Act to consolidate and amend the Laics for the	WHEREAS an Act of the Governor and Council of New South Wales was passed in the third year of the reign of Her present
" 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 Laics relating thereto" and whereas
a certain other Act of the said Governor and Council was passed in the fifth year of the reign of Her said Majesty intituled "An Act to amend
" the Laws regulating the distillation of Spirits in the Colony of New
" South Wales and the levying of duties thereon " and whereas certain other Acts were passed by the said Governor and Council in the seventh year of Her present Majesty intituled respectively "An Act to explain
" and amend the Laws relating to Distillers and Recitifiers in the Colony
"of New South Wales" and "An Act to amend an Act intituled,
" ' An Act to consolidate and amend the Laws for the distillation of " ' Spirits in the Colony of New South Wales and for the issuing of " ' Licenses for distilling rectifying and compounding Spirits therein. " ' and for repealing certain Laws relating thereto' and to indemnify " certain Justices of the said Colony " and whereas the several Acts
have not been found sufficient for the protection of the Revenue and it is expedient to make further provision for that purpose Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That from and after the passing of this Act the premises within which the business of distillation is to be carried on by any licensed distiller shall be sur­ rounded with a wall built in the manner hereinafter directed anything contained in the proviso to the fourteenth clause of the Act above mentioned passed in the third year of the reign of Her present Majesty or in any other part of that or any other Act to the contrary notwith­ standing.
2. And be it enacted That no license to distil spirits shall be granted or renewed unless it be certified by the Colonial Architect or other person appointed by the said Governor to grant such certificate
that the said wall is built of strong and durable materials that no portion
of it is of less height than ten feet from the ground that the surface of the wall is smooth and that it is in the opinion of the person granting the certificate sufficient for the purposes of security intended by this
Act that there is a space of five feet between it and the distillery build­
ing that there is but one entrance through it and that such entrance is secured by a closely pannelled door or gate not less in height than the

the full height of the wall and that such door or gate is provided with

sufficient locks or fastenings.

3. And he it enacted That if at any time the said wall or gate­

way become insufficient for the purposes of security intended by this

Act and the distiller do not at the demand of the Chief Inspector of
Distilleries cause the wall or gateway as the case may be to be ren­ dered secure and put into the condition or state hereinbefore mentioned the distiller shall forfeit the sum of fifty pounds and the additional sum of ten pounds for every day that the wall or gateway may remain in an insecure state.

4s. And be it enacted That within the space enclosed by the

said wall there shall be no stable coach-house shed or building of any description used for any other purpose than that of the distillation of
spirits except as may be hereinafter excepted and no license shall be

granted or renewed to any distiller after the passing of this Act for any premises which shall contain any stable coach-house or other building within the said wall except as hereinafter excepted.

5. And be it enacted That no other business except that of a
distiller or that of coopering or repairing casks shall be carried on
within the said wall under penalty of twenty pounds for each offence.
6. And be it enacted That within the premises surrounded by
the said wall no rubbish shall be deposited and that all materials
required for the use of the distillery shall be deposited in a building
appropriated for the reception of the same as hereinafter provided
except coal and fuel and that all coal or fuel shall be so placed as not
to obstruct the view of the premises and that all rubbish and any
materials including coal or fuel which may in any way obstruct the
view of the officers or conceal from view any part of the process
going on in the distillery shall be removed by and at the expense of
the distiller by order of any Inspector of Distilleries and placed beyond
the boundary Avail of the distillery and if any distiller shall neglect
to conform to this regulation or refuse to remove any such rubbish or

materials including coal or fuel as aforesaid when required so to do

by any Inspector of Distilleries he shall forfeit and pay a penalty or

sum of twenty pounds for every such offence.

7. And be it enacted That before any license be granted for

the carrying on the business of distillation a correct plan of the whole

of the premises within the boundary wall shall be furnished to the
Colonial Architect or other officer appointed by the Governor to receive

the same on which plan shall be figured every drain sewer pipe or	tube of any description passing through any part of the said premises
and that a like plan shall be furnished before any license be renewed
if required by the Colonial Architect or officer as aforesaid and that
this plan shall be separate and distinct from the plan mentioned in
the fifth clause of the above recited Act passed in the third year of Her Majesty's reign.
8. And be it enacted That if at any time any drain sewer pipe or tube be found on the premises as aforesaid which is not shewn on the said plan the licensed distiller shall forfeit and pay the sum of two hundred pounds.
9. And be it enacted That before any license be granted or renewed to any distiller such distiller shall produce to the Colonial Treasurer or other person appointed by the Governor to receive the same a certificate under the hands of three Justices of the Peace that such distiller is a person of good character and a fit and proper person to be licensed which certificate shall be published in the New South Wales Government Gazette.
10. And be it enacted That it shall and may be lawful for the Governor with the advice of the Executive Council to prohibit the

granting

granting- or renewing of any license to any distiller or rectifier any­ thing to the contrary contained in this or in any other Act of the Governor and Legislative Council notwithstanding on proof to the satisfaction of the said Governor and Executive Council that such distiller or rectifier has contravened or failed to comply with any of the provisions of this or any other Act for the regulation of distilleries or rectifying establishments.

11. And be it enacted That the licensed store mentioned in the fifteenth clause of the aforesaid Act passed in the third year of the reign of Her present Majesty and also referred to in the third clause

of the Act passed in the fifth year of the reign of Her said Majesty

shall be a separate building that the walls of the store shall be at least two feet thick whether it be built of brick or stone that each and every window shall be secured with iron bars not less than one and a half inch square or one and a half inch in diameter and the whole opening covered in with strong close wire netting securely fixed to the satisfaction of the Chief Inspector of Distilleries that there shall be but one door or entrance to the said store that the said door shall be of solid wood not less than two and a half inches thick and shall have
on it three locks of which two shall be furnished and the keys kept by
the Government and one by the distiller.

12. And be it enacted That no license shall be granted or re­ newed to any distiller unless the Colonial Architect or other person duly appointed as aforesaid shall certify that the building or store is in every respect in good repair and sufficient for the purposes of this

Act.

13. And be it enacted That within the said store the spirits shall be kept in vats only and not in casks and that no vat shall be admitted into the store which is not capable of containing at least one thousand gallons.

11. And be it enacted That the vats shall be elevated at least two feet from the ground and so placed that the whole exterior surface and the bottom of each may be open to inspection and that every vat be provided at the expense of the distiller with such locks or other fastenings and also with such conveniences for ascertaining the con­ tents of each as may be required by the Chief Inspector of Distilleries.

15. And be it enacted That out of the said vat or vats spirits shall be drawn only between the hours of ten o'clock before noon and two o'clock in the afternoon and in the presence of two officers appointed by the Government to act as Inspectors of Distilleries Pro­	vided however that a licensed store may at any time be opened or
kept open for any length of time and spirits taken from it by special
order from His Excellency the Governor or the Colonial Secretary in writing or if in the District of Port Phillip by a special order in writing from the Superintendent of that district.
16. And be it enacted That no cask or vessel of any kind shall be admitted into the said store for the purpose of being filled from any of the said vats which shall not be capable of containing at least fifty gallons and that no cask or vessel of any kind after having been filled from the said vats or from any of them shall remain in the said store more than twenty-four hours but that if the duty due on the spirits contained in any such casks or vessels be not paid within twenty-four hours and the cask or vessel taken beyond the limits of the boundary wall within the same twenty-four hours the contents of the said casks or vessels shall be returned into the vats and the casks or vessels placed beyond the boundary wall of the distillery.
17. And be it enacted That windows or convenient apertures for the admission of light shall be made in every part of every licensed distillery and that no license shall be granted or renewed until it be

certified

cer t i f i ed by the Colonial Architect or o t h e r officer a p p o i n t e d as afore­

said t ha t	sufficient l i g h t has b e e n admitted i n t o every part of t h e
b u i l d i n g .

18. And be it enacted That in no b u i l d i n g nor in any part of

t h e premises enclosed within t h e b o u n d a r y w a l l of t h e d i s t i l l e ry shall

a n y p i p e or t u b e pa s s b e l o w t h e su r f ace of t h e g r o u n d or t h r o u g h a n y

m a t e r i a l w h i c h may conceal it from view u n l e s s such p i p e or tube be

enclosed in a wooden case so c o n s t r u c t e d as to a d m i t of i ts b e i n g

o p e n e d a n d t h e p i p e or t u b e exposed to view at t h e demand of any

Inspector of Distilleries u n d e r a p e n a l t y of t e n p o u n d s on a n y s u c h

d i s t i l l e r f o r e v e r y d a y he sha l l n e g l e c t to c o m p l y with t h i s r e g u l a t i o n .

19. And be it e n a c t e d That in t h e d r a w i n g or r e p r e s e n t a t i o n

m e n t i o n e d	in t h e	fifth	clause of the Act h e r e i n b e f o r e m e n t i o n e d	passed
in t h e	t h i r d y e a r of Her Majesty's	r e i g n	every pipe e x i s t i n g	in any

p a r t of t h e d i s t i l l e ry or l e a d i n g i n t o or from t h e d i s t i l l e ry shall be

d i s t i n c t l y s h e w n a n d t ha t in a w r i t t e n description w h i c h shall accom­

p a n y s u c h d r a w i n g t he purpose shall be d i s t i n c t l y e x p l a i n e d f o r which

e v e r y such p i p e is u s ed .

20. And be it enacted That every pipe in every licensed distil­

l e r y sha l l be p a i n t e d as he re ina f t e r d i r e c t e d n a m e l y e v e r y p i p e u s e d f o r

t h e conveyance of wort or wash sha l l be p a i n t e d of a r e d colour e v e r y

pipe f o r t h e conveyance of f e in t s or low wines shall be p a i n t e d b l u e

e v e r y	p i p e	f o r t h e	c o n v e y a n c e	of	sp i r i t s	sha l l	be	p a i n t e d	w h i t e	e v e r y
p i p e	f o r	t h e	c o n v e y a n c e	of	water	sha l l	be p a i n t e d	b l a c k a n d	e v e r y	p i p e

for t h e c o n v e y a n c e of g a s sha l l be p a i n t e d yellow a n d if a n y p i p e be

u s e d by any d i s t i l l e r n o t described as a fo resa id in the d e s c r i p t i o n w h i c h

is to accompany the said d r a w i n g or which sha l l not be k e p t p a i n t e d

as h e r e i n directed s u c h d i s t i l l e r sha l l fo r f e i t a n d pay t h e s u m of fifty

p o u n d s p r o v i d e d however t h a t it shall n o t be necessary to p a i n t t h e

pa r t s	of a n y	p i p e which	p a s s	t h r o u g h	a vessel containing or	i n t e n d e d
to contain	sp i r i t s	water	or	fluids	of any	d e s c r i p t i o n .

21. And be it enacted That e v e r y still which shall be erected

i n any licensed d i s t i l l e ry shall have only one pipe for charging the

s a m e which p i p e sha l l l e a d d i r e c t f r o m t h e c h a r g e r to t h e s t i l l a n d

shall not be connected wi th any o t h e r pipe or any o t h e r charger or

vessel wha t soeve r u n d e r a penalty on a n y s u c h distiller of two h u n d r e d

p o u n d s .

22. And be it e n a c t e d That to e a c h a n d e v e r y s t i l l w h i c h sha l l

be erected in a n y l i c e n s e d d i s t i l l e ry t h e r e sha l l be o n e or m o r e r e c e i v e r

or	receivers which shall be capable of c o n t a i n i n g t h e fu l l p r o d u c e of
t h e	s t i l l to which t h e same may be attached a n d it sha l l n o t be; lawful
f o r	a n y d i s t i l l e r to r u n a n y spi r i t s i n t o t h e s a m e r e c e i v e r or r e c e i v e r s
f r o m	t w o or m o r e s t i l ls at t h e s a m e t i m e n o r to m i x the sp i r i t s p r o d u c e d

f r o m t w o or m o r e s t i l ls in t h e s a m e r e c e i v e r or r e c e i v e r s as a fo re sa id

at any time u n d e r a penalty of two h u n d r e d p o u n d s .

23.   And be it enacted That the end of every tail pipe b e l o n g i n g

to e v e r y	s t i l l	in	t h e	d i s t i l l e ry	of e v e r y l i c e n s e d d i s t i l l e r	shall be	e n c l o s e d
a n d	s e c u r e d at	the e x p e n s e of	s u c h d is t i l le r	in	such m a n n e r	a n d	by

s u c h m e c h a n i s m a n d m e a n s as t h e Chief Inspector of Distilleries a c t i n g

u n d e r t h e a u t h o r i t y of His Excellency t h e Governor m a y d i r e c t a n d

t ha t	all	sp i r i t s	low	W i n e s	a n d	fe in t s	r u n n i n g	f r o m	s u c h ta i l p i p e	sha l l
r u n	i n t o	a	safe e n c l o s e d	a n d	s e c u r e d in	m a n n e r	as	a fo resa id	a n d	sha l l

be t h e n c e c o n v e y e d by a p i p e o p e n e x t e r n a l l y to t h e i n s p e c t i o n of t h e

officers for i t s whole l e n g t h i n t o the sp i r i t s ' receiver or l o w w i n e s or

f e in t s ' receiver or receivers as the case m a y be a n d if u p o n demand by t h e Chief Inspector of Distilleries t h e e n d o f e v e r y s u c h tail pipe sha l l

n o t be s e c u r e d by s u c h m e c h a n i s m a n d m e a n s as sha l l be so d i r e c t e d

or if the whole of t h e sp i r i t s l o w w i n e s and fe in t s c o m i n g f r o m a n y

such ta i l p i p e shall not be r u n into such safe so enclosed and s e c u r e d as

aforesaid

aforesaid or if such sp i r i t s low wines and feints r e s p e c t i v e l y and every

part t h e r e o f shall not be c o n v e y e d from such safe into the sp i r i t s '

r e c e i v e r or low wines' or f e in t s ' receiver or receivers as the case may

require directly and by such a pipe as aforesaid ,or if on the d e m a n d

of the proper officer all the e x p e n s e s i n c u r r e d by p r o v i d i n g and repair­

ing or a l t e r i n g such m e c h a n i s m or m e a n s of e n c l o s i n g the end of s u c h tail pipe and safe as a fo re sa id shall not be paid b y or on b e h a l f of such dis t i l l e r to such officer or if such m e c h a n i s m and means of enclosing the end of such tail pipe and safe as a fo resa id shall not be affixed and kept and p r e s e r v e d affixed as a fo re sa id or if at a n y time af ter the e n d

of any such tail pipe and any such safe may have been e n c l o s e d a n d

s e c u r e d as aforesaid the m e c h a n i s m or means by which the same sha l l

be so e n c l o s e d and s e c u r e d as aforesaid o r any part t h e r e o f shall be

d e s t r o y e d or i n j u r e d or if by any art or c o n t r i v a n c e any a c c e s s sha l l

be g a i n e d or had w i t h o u t n o t i c e to and e x c e p t w i t h the knowledge a n d

i n the p r e s e n c e of an Inspector of Distilleries to any sp i r i t s low w i n e s

o r feints from the time of the extraction or distillation thereof u n t i l t he

s a m e have been taken account of by the proper officer in the proper r e c e i v e r or receivers or i f the officer shall be in any m a n n e r prevented

f r o m or baffled or d e f ea t ed in the t a k i n g a true a c c o u n t o f any sp i r i t s

l o w wines or fe in ts in any such r e c e i v e r or r e c e i v e r s then and in every

such c a se every such distiller shall for every such offence forfeit t he

s u m of two h u n d r e d pounds.

24. And be it e n a c t e d That four h o u r s at l eas t before any l o w

wines or fe in ts	or sp i r i t s	r e s p e c t i v e l y shall he	r e m o v e d	out	o f	any o f
the	r e s p e c t i v e receivers of low W i n e s or f e in t s	or	sp i r i t s	in	t h e	dis t i l ­

lery of any distiller a n o t i c e in writing s p e c i f y i n g the day a n d hour

when such low wines or f e in t s or sp i r i t s r e s p e c t i v e l y are t o be r e m o v e d

o u t of such r e c e i v e r s r e s p e c t i v e l y shall be given to the proper officer by o r

o n behalf of s u c h d i s t i l l e r and s u c h officer shall a t t e n d at the time s p e c i ­

fied i n s u c h notice and af ter h a v i n g t a k e n an a c c o u n t of the q u a n t i t y a n d

s t r e n g t h	of	such low W i n e s or spirits or f e in t s	r e s p e c t i v e l y as the	case
m a y be such officer shall r e m o v e the	f a s t e n i n g s	of the	receivers	c o n ­

t a i n i n g s u c h low W i n e s or sp i r i t s or fe in ts r e s p e c t i v e l y and forthwith

and w i t h o u t d e l a y all the low W i n e s or sp i r i t s which shall be in s u c h

low w i n e s ' or f e in t s ' r e c e i v e r or receivers shall be removed and c o n v e y e d

into the	low	WINES	or f e in t s '	c h a r g e r	o r	such	part	t h e r e o f as	such
c h a r g e r	shall	be c a p a b l e of	c o n t a i n i n g	and	all	the	sp i r i t s	w h i c h	sha l l

be c o n t a i n e d in such sp i r i t s ' r e c e i v e r shall be r e m o v e d and conveyed

into the l i c e n s e d spirit s to re of s u c h distiller and if any low w i n e s o r

spirits or feints r e s p e c t i v e l y shall be r e m o v e d from any r e c e i v e r

w i t h o u t s u c h n o t i c e or at any other time than shall have been spec i f i ed

in such n o t i c e or b e f o r e the officer shall have r e m o v e d the f a s t e n i n g s

of such r e c e i v e r or if af ter s u c h officer shall have t a k e n a c c o u n t o f

the q u a n t i t y and s t r e n g t h of the low w ine s or feints or sp i r i t s

r e s p e c t i v e l y in any receiver any other low wines or feints or sp i r i t s

sha l l be c o n v e y e d into s u c h r e c e i v e r u n t i l the whole of the low W i n e s

or fe in ts or sp i r i t s of w h i c h such a c c o u n t shall have been t a k e n shal l

have been r e m o v e d or c o n v e y e d from such receiver and the f a s t e n i n g s

t h e r e o f	shall have been a g a i n	s e c u r e d by s u c h	officer	t h e n	in each	a n d
every such case the d i s t i l le r in	whose	d i s t i l l e ry	s u c h	o f f ence	shall	he

c o m m i t t e d shall forfeit the sum of two h u n d r e d p o u n d s .

25. And be it e n a c t e d That all the low w i n e s p r o d u c e d by the

distillation of the wash contained in each f e r m e n t i n g back shall b e

c o l l e c t e d and kept in the low W i n e s ' r e c e i v e r sepa ra te and apart from

a n d u n m i x e d with any low W i n e s p r o d u c e d by the d i s t i l l a t ion of any wash

c o n t a i n e d in any o t h e r f e r m e n t e d back or wi th any o t h e r wash or l i q u o r

w h a t e v e r unt i l an a c c o u n t of the q u a n t i t y and s t r e n g t h of such low W i n e s

so separatety collected shall have been taken by the proper officer a n d

all

all the spirits and feints produced by the re-distillation of such low wines shall in like manner be collected in the spirits' and feints' receivers respectively and kept therein separate and apart from and unmixed with any other matter or thing (save as hereinafter provided) until an account of the quantity and strength of such spirits and feints respectively shall have been taken by the proper officer and if the whole quantity

of low wines which shall be produced by the distillation of all the wash

contained in each fermenting back in the distillery of any such distiller shall not be collected in the low wines' receiver or receivers separate and apart and unmixed as aforesaid or if all such low wines so collected shall not remain and be kept in such receiver until an account of the

quantity and strength of such low wines shall have been taken therein

by the proper officer or if all the spirits and feints respectively pro­ duced by the re-distillation of such low wines shall not be so collected and kept separate as aforesaid until an account of the strength and

quantity of such spirits and feints respectively shall have been taken

by such officer as aforesaid then and in every such case every such distiller shall forfeit the sum of two hundred pounds Provided always

that it shall and may be lawful to mix with any such spirits feints

and low wines respectively so collected in such receiver or receivers any spirits or any feints or low wines respectively which may have remained on hand after any previous distillation.

26. And be it enacted That the period of sixty days reckoned from and after the passing of this Act shall be allowed to every licensed distiller to remove the spirits now in his distillery and that it shall be lawful for him to remove the said spirits at his own expense and to deposit them either in the Queen's Warehouse or in any licensed Bonding Store within the City of Sydney there to be kept until the duty on the same shall.be paid Provided also that such spirits shall be removed only in the day time and under permits granted by the

Chief Inspector of Distilleries or other officer appointed by the Governor

to superintend the removal of such spirits.

27. And be it enacted That the proper officer shall keep a true

account by way of debtor and creditor of the stock of spirits in the licensed store of every distiller licensed under this Act and shall in such account credit such stock with the full quantity of spirits computed at hydrometer proof which shall be from time to time duly convoyed into such stock and debit the same with the full quantity of spirits computed at hydrometer proof which shall be from time to time

sent out of such stock under legal permit and if at any time the

than the quantity of spirits which by the stock account kept by such	quantity of spirits in the licensed store of any distiller shall be less
officer ought to be in the stock or possession of such distiller every
such distiller shall forfeit the sum of ten shillings for every gallon of
spirits which shall be deficient Provided always that no distiller shall
be liable to such forfeiture in any case where such deficiency or decrease shall not be greater than three per cent, in the course of six months or greater than at the rate of six per cent, per annum and such distiller shall prove that such decrease did not result from any fraud practised or intended.

28. And be it enacted That all the chargers and receivers of

spirits feints or low wines in every distillery to be licensed under this

Act shall be so placed as to be open to inspection and that if any distiller shall not on the demand of the Chief Inspector of Distilleries (such demand being approved by the Governor or Colonial Secretary) make such alterations within a reasonable time in the said chargers or receivers or m the position of them as may be required in order to open them to proper inspection such distiller shall forfeit and pay a fine of two hundred pounds.

29. And be it enacted That whenever any Inspector of Distil­ leries shall require that the water contained in any worm-tub belonging to any still at any time when such still shall not be at work shall be drawn or run off and the tub and worm cleaned the water shall forthwith be drawn or run off and the tub and worm cleaned by the distiller his servants or workmen and if the water shall not be so drawn or run off at the request of such officer and the tub and worm forthwith cleaned and the water kept and continued out of such worm and tub for the space of two hours or until the officer has finished his inspection and examination of such tub and the worm

therein the distiller at whose distillery such worm-tub shall be situate

shall forfeit the sum of two hundred pounds and it shall be lawful for such officer to draw or run off and keep drawn or run off such water or so much thereof and for so long time as he shall think necessary.

30. And be it enacted That every worm-tub in every distillery shall be placed in such manner that it may be open to the inspection of the officer and that if it be not so placed as aforesaid the distiller shall be subject to a fine of two hundred pounds.

31. And be it further enacted That lamps or lights to the satisfaction of the Chief Inspector of Distilleries shall be kept burning at all hours between sunset and sunrise when the distillery shall be in operation under a penalty on any such distiller of ten pounds for every

offence.

32. And be it enacted That if any distiller shall fail to provide at his own expense all such fastenings cocks or other articles required for the security of the Revenue and the due execution of this Act or of any other Act now in force for the regulation of distilleries as he may be required to furnish by the demand in writing of the Chief Inspector of Distilleries such demand being approved by the Governor or Colonial Secretary such distiller shall for every such offence forfeit and pay a fine of two hundred pounds.

33. And be it enacted That if on demand of the Chief Inspector

of Distilleries strong safe and convenient ladders be not provided and

conveniently placed of length sufficient to enable the officer on duty to ascend to and examine and descend from or into any vessel or utensil in such distillery or if any such ladder shall not be fixed at or in any part of such vessel and utensil where such officer shall require or if sufficient lights and sufficient aid and assistance shall not be supplied for the purpose of gauging or ascertaining the contents or

capacity of any vessel or utensil or searching for and gauging all the	stock on hand as well by day as by night every distiller in whose
distillery any such neglect or offence shall take place shall for every such offence forfeit the sum of one hundred pounds.
31. And be it enacted That it shall and may be lawful to and for any Inspector of Distilleries or any person or persons acting in his
or their aid or assistance by night or by day to break up any ground in any part of the distillery or premises of any distiller or any ground
near adjoining such distillery or through any wall or partition thereof
or belonging thereto to search for any pipe or cock or any private conveyance or utensil and upon finding any such pipe or conveyance leading therefrom or thereto to break up the ground house wall or other place through or into which such pipe or other conveyance shall lead and break up or cut away any such pipe cock or other conveyance and to turn any cock or cocks and to examine whether such pipe or other conveyance may or can convey or conceal any wort wash or other liquor fit for distillation or low wines feints or spirits from the sight or view of the officer so as to hinder or prevent him from taking or keeping a true account thereof.

5 M — V O L . 2. 35.

35. And be it enacted That in case any Inspector or Inspectors

of Distilleries shall know or have cause to suspect that any private or concealed still back or other vessel for making wort or wash or for making or distilling low wines or spirits or any privately made spirits or low wines or any wash or other materials preparing for distillation are set up or kept in any house or place then and in such case upon oath made by such inspector or inspectors before one or more Justice or Justices of the Peace setting forth the ground of such his or their suspicion it shall and may be lawful to and for such Justice or Justices

of the Peace respectively before whom such affidavit or affidavits

shall be made if he or they shall judge it reasonable by warrant under his or their respective hands and seals to authorize and empower such inspector or inspectors by day to break open the doors or any part of such house or place where he or they shall so know or suspect such private or concealed still back or other vessel spirits low wines wash or materials for distillation to be set up or kept and to enter into such house or place and to seize all and every such still backs or other vessels and all such spirits low wines wash and other materials preparing for distillation which he or they shall find or discover and also all chattels found within such house or place and either to detain and keep the same in the house or place where found or to remove the same to the Police Office next to the place where the same shall be discovered and found or to any other place of security and in case the same shall not within ten days next after such seizure be claimed by the true and lawful owner thereof then the said stills backs and other vessels spirits low wines wash and other materials for distillation and all the chattels so found and seized as aforesaid shall be absolutely for­ feited and the proprietor of any such private or concealed still back or other vessel or the person in whose custody the same shall be found whether such seizure be claimed or not shall forfeit and lose for every place in which every such private still back or other vessel shall be so found and also for every such still back and vessel found therein the sum

of two hundred pounds and if any person or persons shall obstruct oppose

molest or hinder any inspector or inspectors or others acting in their .assistance in the due seizing any such private or concealed stills backs or other vessels spirits low wines wash or other materials for distillation or chattels or in detaining or keeping the same in the place where found or in removing the same or any of them after seizure to the next Police Office or other place of security as aforesaid then and in every such case every person so offending shall forfeit the sum of two hundred pounds.

36. And be it enacted That every person whatsoever who shall be aiding assisting or otherwise concerned in the making or distilling of illicit spirits feints or low wines or who shall carry convey or con­ ceal or be aiding assisting or otherwise concerned in the carrying conveying or concealing of any spirits upon which there may be reasonable ground to suspect that duty has not been paid or of any illicit spirits feints or low wines wash or other materials for illicit distillation and liable to forfeiture under this or any other Act shall and may be arrested by any Inspector of Distilleries Officer of Customs or any Constable and forthwith taken before any Justice of the Peace to be dealt with as hereinafter directed.

37. And whereas it is expedient that time should be allowed to prepare informations convictions and warrants of commitment in such cases as last aforesaid Be it enacted That when any person shall have been arrested by any Inspector of Distilleries Officers of Customs or Constable as last aforesaid and taken before any Justice of the Peace if it shall appear to such Justice that there is reasonable cause to detain such person such Justice may and he is hereby authorized and required to order such person or persons to be detained a reasonable time and at the expiration of such time to be dealt with according to law.

38. And be it e n a c t e d That if any such p e r s o n so l i a b l e to be

d e t a i n e d as a fo resa id shall not be d e t a i n e d at the time of c o m m i t t i n g

the o f f e n c e for which he is l i a b l e to be d e t a i n e d or af ter d e t e n t i o n shall make his escape it shall and may be lawful for any Inspector o f Distilleries or any Constable to detain such person so l i a b l e to deten­ tion as a fo resa id at any time a f t e rwards and to take him before a n y Justice of the Peace to be dea l t with as if detained at the time of

c o m m i t t i n g the said o f f ence .

39. And be it e n a c t e d That a n y p e r s o n who shall k n o w i n g l y

carry convey or c o n c e a l o r k n o w i n g l y be a i d i n g ass i s t ing or o t h e r w i s e

c o n c e r n e d in the c a r r y i n g c o n v e y i n g or c o n c e a l i n g of any sp i r i t s u p o n

which duty has not been paid or a n y illicit spirits f e in t s or low w i n e s

or o t h e r m a t e r i a l s for illicit d i s t i l l a t ion l i a b l e to fo r fe i tu re u n d e r th i s

or any o t h e r Act shall forfeit and pay for every such offence a p e n a l t y

or sum of one h u n d r e d p o u n d s .

40. And be it enacted That it shall not be lawful for any

dis t i l le r to mix or cause to be m i x e d in any f e r m e n t i n g back or vesse l

the p r o d u c e of two or more different m a s h i n g s of wort or wash or a n y part t h e r e o f on pain of f o r f e i t i ng for every offence the sum of two

h u n d r e d p o u n d s .

41. And be it e n a c t e d That from and af ter the p a s s i n g of the

Act it shall not be lawful for any d i s t i l l e r to c o m m e n c e c i t h e r m a s h i n g

o r d i s t i l l i n g w i t h o u t h a v i n g first s e r v e d a w r i t t e n n o t i c e o f at least

s i x t e e n h o u r s to the off icer on duty s p e c i f y i n g t h e r e i n the weight of t h e

s u g a r m o l a s s e s treacle malt g r a i n or o t h e r material wha t soeve r w h i c h
he i n t e n d s to use in the twenty-four h o u r s next following on the expi­

r a t i o n of the said s i x t e e n h o u r s and that s i m i l a r n o t i c e shall be g i v e n

f r o m day to day d u r i n g the w h o l e time the d i s t i l l e ry shall be at work

u n d e r a p e n a l t y of one h u n d r e d p o u n d s Provided h o w e v e r that for

every day af ter the first day a notice of six h o u r s shall be suff ic ient

i n s t e a d	of	s i x t e e n .
42.	And be it e n a c t e d That the who le p r o c e s s of m a s h i n g or

b r e w i n g shall be performed in the presence of the off icer on duty and t h a t all m a t e r i a l s used in the p r o c e s s shall be weighed in his p r e s e n c e

a n d a n a c c o u n t of the who le t a k e n by the said officer and if a n y g rea t e r

q u a n t i t y of ma te r i a l s for m a s h i n g be used in a n y day t h a n the q u a n t i t y

spec i f i ed in the n o t i c e r e q u i r e d to be g i v e n as a fo re sa id the d i s t i l l e r

shall for every h u n d r e d w e i g h t of s u g a r t r e ac l e m o l a s s e s malt or g r a i n

used in excess of the q u a n t i t y stated in such notice forfeit the sum of

fifty p o u n d s .

43.   And be it e n a c t e d That it shall be lawful to c h a r g e any l i c ensed

d i s t i l l e r w i t h d u t y e i the r u p o n the q u a n t i t y of sp i r i t s a c t u a l l y p r o d u c e d

by him or the q u a n t i t y of m a t e r i a l used by h i m in each and every brewing

p e r i o d that is to s ay tha t f o r every h u n d r e d w e i g h t of one h u n d r e d a n d

t w e l v e p o u n d s of s u g a r so used d u t y shall be paid on e i g h t g a l l o n s of

proof sp i r i t s f o r every such h u n d r e d weight of treacle or m o l a s s e s so

used duty shall be paid on six g a l l o n s of proof sp i r i t s and for every

such h u n d r e d weight of malt or g r a i n duty shall be paid on t w o

g a l l o n s a n d one-half of proof sp i r i t s and so in p r o p o r t i o n fo r any

g r e a t e r q u a n t i t y or s t r e n g t h .

44. And be it e n a c t e d That from a n d after the p a s s i n g of this

Act a c o m p u t a t i o n shall be made at the end of every d i s t i l l i n g period

of the q u a n t i t y of proof sp i r i t s made and r e c e i v e d into the l i c e n s e d

s to re d u r i n g the said p e r i o d a proper allowance b e i n g made for the

q u a n t i t y of fe in ts or low Wines in the d i s t i l l e ry both at the c o m m e n c e ­ ment a n d the end of the said p e r i o d and the c o m p u t a t i o n of the proof

sp i r i t s thus made d u r i n g the p r e c e d i n g d i s t i l l i ng p e r i o d shall be

c o m p a r e d w i t h the q u a n t i t y of proof sp i r i t s which o u g h t to have been

p r o d u c e d from the ma te r i a l s made use of d u r i n g the p r e c e d i n g m a s h i n g

p e r i o d

period according to the proportions above mentioned and if it shall appear that the quantity of spirits conveyed into the licensed store or brought to account during the distilling period be less than the quantity which ought to have been produced from the materials used during the mashing period the distiller shall be required forthwith to pay duty on the deficiency and no new distilling period shall be com­ menced until such duty shall have been paid Provided that in all cases where any sugar molasses treacle malt grain or other material shall have been damaged or destroyed in the process of mashing or distilling as aforesaid a remission of duty shall be made on such account to such distiller in proportion to such damage or loss on due

proof thereof to the satisfaction of the Chief Inspector of Distilleries

and subject to the approval of His Excellency the Governor and that the material so under process as aforesaid shall be considered a total loss whenever such distiller chooses to declare an abandonment thereof to the inspector on duty at the time.
45. And be it enacted That within the enclosure wall of every licensed distillery there shall be a store or stores for the reception of sugar treacle molasses malt grain or any other material whatsoever which may be intended to be used in the process of distillation which store or stores shall be a building or buildings separate and distinct from

that in which any part of the process of distillation shall be carried on

and every such material shall be kept separate and apart from any other of a different kind and in such manner as that the quantity of each may be easily ascertained under a penalty in case of neglect on any such distiller of twenty pounds for every offence and no license shall be granted or renewed for any premises unless provided with a store or stores such as is or are hereby directed.

46. And be it enacted That the last mentioned store or stores shall be open at all times to the officer on duty and to any Inspector

of Distilleries and it shall be lawful for His Excellency the Governor

to establish such rules as to the said Governor may seem necessary in order to ascertain and keep an account of the exact quantity of sugar molasses treacle malt grain or other material whatsoever which is received into or taken out of the said store or stores.

47. And be it enacted That no sugar molasses malt grain or any other material whatsoever shall be used in any distillery which shall not have been first placed and taken into account as aforesaid in such last mentioned store or stores under a penalty on the defaulter or

Act it shall not be lawful for any distiller to add any colouring matter	defaulters of two hundred pounds. 48. And be it enacted That from and after the passing of this
to the spirits made by him whilst such spirits are in the vats in the licensed store nor until after the said spirits shall have been removed from the said vats.
49. And be it enacted That it shall not be lawful to mix with nor add to any low wines feints or spirits in the distillery of any distiller or in the licensed store thereof any sugar syrup or any glutinous or saccharine or other matter or thing whereby the gravity of such
low wines feints or spirits shall be increased or so as to prevent the
true strength thereof being ascertained by the hydrometer and if it
shall at any time be found that any sugar syrup or other glutinous or saccharine or other matter shall be so mixed with or added to any low wines feints or spirits in the distillery of any such distiller such distiller shall forfeit for every such offence the sum of two hundred pounds and all low wines feints and spirits so mixed shall be forfeited and may be seized by any Inspector of Distilleries.
50. And be it enacted That all spirits in the distillery or licensed store and all stills and other vessels and utensils for distilling

which

which arc kept or used in the distillery of any distiller shall he liable and subject to and are hereby charged with all debts due to the Crown and all duties wh ich shall be in arrear and owing by such distiller and shall be subject to the payment of all such penalties as shall have been incurred under this Act by any person who shall have occupied or used such distillery and it shall be lawful in all cases to levy such debts duties and penalties by distress and sale of such spirits stills vessels and utensils as it would be lawful to do in case the person owing such debts and duties and incurring such penalties were at the time the real proprietor of such spirits stills vessels or utensils.

51. And be it enacted That no spirits whatever shall be received

or conveyed into or kept in the distillery or licensed store of any

distiller other than such spirits as shall have been distilled in the distillery of such distiller and if any spirits other than such as shall have been distilled in the distillery of such distiller shall be received and conveyed into or shall be kept or shall at any time be found in the distillery or store of such distiller such distiller shall for every such offence forfeit the sum of two hundred pounds and all such spirits shall be forfeited and may be seized by any Inspector of Distilleries.

52. And be it enacted That in case any spirits feints low W i n e s

or any other ingredients or materials wha t soever shall be destroyed by lire or any other accident it shall not be l a w f u l for the distiller

proprietor or other person wha teve r to claim or demand or to maintain any action or suit against Her Majesty or against any officer or person acting under the authority of this Act for any compensation or damages for or on account or by reason of such accident and no duty shall be demanded or paid for any spirits so destroyed as aforesaid.

53. And be it enacted That if any malt corn or grain shall be

brewed or mashed or if any still shall be made use of in the distillery of any distiller licensed under this Act during any part of the Lord's

Day such distiller in each and every such case shall forfeit the sum of

fifty pounds.

51. And be it enacted That it shall not be lawful for any distiller to receive or have in the distillery of such distiller or in any store thereto belonging any wort w a s h or low wines or feints whatever which shall not have been brewed or made in the distillery of such distiller and if any distiller shall receive or have any wort wash low wines or feints which shall not have been brewed or made in t h e distillery of such distiller such distiller shall for every such offence

forfeit the sum of two hundred pounds and all such w o r t wash low	wines and feints shall be forfeited and may be seized by any Inspector
of Distilleries.
55. And be it enacted That every distiller shall keep a book to be called the notice book in which shall be entered copies of all notices served by any Inspector of Distilleries on such distiller under the provisions of this Act and also copies of all notices served by any Inspector of Distilleries on such distiller and if copies of all such notices respectively shall not be inserted in such book or if any untrue entry shall be made therein or if such book or any entry therein shall
be defaced obliterated or altered by such distiller or by any person
employed in such distillery or if such book shall not at any time be delivered to any Officer of Excise on his demanding the same then and in every such case such distiller shall forfeit the sum of fifty pounds.
56. And be it enacted That it shall not be lawful for any dis­ tiller licensed under this Act or any agent of such distiller to have keep or make use of any store for the sale of duty paid spirits at any place nearer to any part of the boundary Avail of such distillery than
five hundred yards under a penalty of two hundred pounds.

57. And as illicit distillation may with great facility be carried

on in breweries Be it enacted That before any person or persons

shall carry on the trade or business of a brewer in any part of the
Colony of New South Wales such person or persons shall cause his

or their names to be registered in the office of the Clerk of the Peace at the place nearest to the residence of such person or persons at which a Court of Quarter Sessions shall be established and shall also register or cause to be registered a description of the premises in which the business of brewing is to be carried on and of the utensils to be used in the business of brewing and that such registration as aforesaid shall be renewed every year.

58. And be it enacted That if any person or persons shall carry

on the trade or business of a brewer without being registered or with­ out having his her or their premises registered as aforesaid such person or persons shall on being convicted thereof in a summary manner before any two Justices of the Peace forfeit and pay the sum

of thirty pounds.

59. And be it enacted That the premises of every brewer registered as aforesaid shall be open at all times to the inspection of any Inspector of Distilleries or Officer of Customs and that all Officers of Customs and Inspectors of Distilleries shall have power to enter and search all such premises in like manner as they may enter and search the premises of any licensed distiller and that all persons registered as the proprietors of such breweries shall be liable to the same penal­ ties for obstructing such officers in the performance of their duty or for obstructions offered to such officers by their servants as licensed distillers are liable to in like cases.

60. And be it enacted That it shall not be lawful for any person engaged in the trade or business of a brewer to carry on the business of a dealer in spirits either by wholesale or retail upon any premises registered as aforesaid for carrying on the business of brewing or any premises immediately adjoining the same under a fine or penalty of ten pounds for every day he shall offend against this enactment and all spirits found on the premises of any such brewer beyond the quantity of six gallons may be seized by any Inspector of Distilleries or Officer of Customs and for every gallon of spirits so seized such brewer shall forfeit and pay the sum of forty shillings Provided always

that nothing in this enactment contained shall be deemed to apply to spirits found upon any dray cart or other vehicle brought into such

premises for the bond fide purpose of being loaded with additional

goods (not being spirits) and forthwith removed from the same.

61. And be it enacted That every cart dray or other conveyance used by any brewer for the conveyance of ale or beer shall have the name of the brewer painted legibly on the same in letters not less

than two inches in length under a penalty of ten pounds and that all

goods carried on any cart dray or other conveyance belonging to any

person carrying on the trade or business of a brewer or bearing the name of a registered brewer shall be open to the examination of any Inspector of Distilleries or Officer of Customs and that any person offering any hindrance to an Officer of Customs or Inspector of Dis­ tilleries in the examination of such goods shall forfeit and pay the sum of twenty pounds.

62. And be it enacted That it shall not be lawful for any person or persons to sell spirits upon which duty has been paid in quantities above two gallons in any part of the Colony of New South Wales without having first registered his name or their names in the office of the Clerk of the Peace at the place nearest to the residence of the said person or persons at which a Court of Quarter Sessions shall be established and also a description of the premises in which the sale

of

of spirits by wholesale is to be carried on and that such registration
shall be renewed once in every year.

63. And be it enacted That if any person or persons shall sell spirits upon which duty has been paid in quantities above two gallons without being registered or having his her or their premises registered as aforesaid he she or they shall for every day such registration as afore­ said shall not have been made forfeit and pay the sum of ten pounds.

64. And be it enacted That all premises registered as aforesaid or occupied by persons selling spirits upon which duty has been paid in quantities above two gallons shall be open at all times to the inspection of any Inspector of Distilleries or Officer of Customs and

that all Officers of Customs and Inspectors of Distilleries shall have

the same powers to enter and search all such premises as they have to enter and search any licensed distillery and that the owners or occupiers of such premises shall be liable to the same penalties for obstructing such officers or inspectors in the performance of their duty or for obstructions offered to such officers or inspectors by their servants as licensed distillers are liable to in like cases.

65. And be it enacted That all fines penalties and forfeitures under this Act shall be enforced sued for and recovered and shall be applied and may be appealed against in the same manner as fines penalties and forfeitures under the said recited Acts or any of them Provided that the one moiety or half of the net produce thereof to be paid under the said recited Acts to the Colonial Treasurer for the use

of Her Majesty Her Heirs and Successors to be applied to the public
uses of the Colony and also the one moiety or half of the net produce of all fines penalties and forfeitures under this Act shall from and after the passing thereof be paid to the Colonial Treasurer for the purposes of the General Revenue of the said Colony.

66. And whereas by the said first recited Act it is enacted that
if in any suit or action brought before the Judges of the said Supreme

Court or any two or more Justices of the Peace for the recovery of any fines or penalties imposed by the said Act the party or parties shall be convicted and sentenced to pay such fine it shall be lawful

for the said Court or Justices to award and sentence the said party or

parties to be imprisoned for a period of not less than three months nor exceeding twelve months in case the said fine or penalties shall not be paid within a time to be limited by the said Court or Justices and whereas many persons sentenced to pay fines under the said recited

Act or Acts as aforesaid have escaped payment of the same and it is

mentioned Be it enacted That unless any such fine or penalty shall	therefore expedient to amend the said provision in manner hereinafter
be immediately paid or security given to the satisfaction of the Court or Justices before whom the case shall have been heard and determined
for the due payment of such fine or penalty the party or parties who
shall have been convicted and sentenced to pay such fine or penalty shall forthwith be committed to gaol there to remain for such time as according to the said Act shall have been awarded by the said Court or Justices unless such fine or penalty shall be sooner paid.
67. And be it enacted That nothing in this Act contained shall be construed to repeal or alter the provisions of any of the herein­ before mentioned Acts or of any Acts now in force in the Colony of
New South "Wales for the regulation of distillers and rectifiers except
in so far as such provisions may be contrary to the provisions of this
Act,
68. And be it enacted That wherever in this Act or any of the said recited Acts the word "Governor" has been employed it shall be construed to mean the Governor of this Colony or person for the time being lawfully administering the Government thereof and any officer

whose

whose office has been mentioned shall be construed to mean the officer or person executing for the time being the duties of such office and wherever the words " proof spirit " are used they shall be construed to mean spirit of the strength of hydrometer proof according to the

instrument known as Sykes' hydrometer and wherever words have

been used which import the singular number or the masculine gender only yet they shall be construed to include several matters as well as one matter and several persons as well as one person and males as well as females unless there be something in the subject or context repugnant to such construction.

69. And be it enacted That this Act shall commence and take

effect from and after the passing thereof and shall thenceforward
continue in force until the thirty-first day of December one thousand

eight hundred and forty-seven.