Colonial Distillation Act 1849 No 27a (NSW)
No. XXVII.
An Act to consolidate and amend the Laws
relating to the distillation rectifying' and compounding of Spirits and to authorize and regulate the warehousing under bond and the exportation free of duty of Spirits distilled
within the Colony of New South Wales and to repeal certain Laws relating thereto. [27fh
September, 1849.]
| " consolidate and amend the Laws for the distillation of Spirits in the | WH E R E A S an A c t was passed in the third year of the reign of H e r present Majesty Queen Victoria intituled " An Act to | |
|
" ' 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 Laics relating thereto' " A n d whereas a certain other Ac t was passed in the ninth year of the reign of Her said Majesty intituled " An Act to amend, the Acts note in force respecting
" the distillation of Spirits and more effectually to prevent illicit "distillation" A n d whereas a certain other A c t was passed in the tenth year of the reign of Her said Majesty intituled " An Act to
" authorize and regulate for a limited time the warehousing under bond
" and the exportation free of duty of Spirits distilled within the " Colony of New South Wales" A n d whereas a certain other Ac t was passed in the eleventh year of the reign of H e r said Majesty intituled " An Act to continue for a limited time the Act to amend the
" Acts now in force respecting the distillation of Spirits and more
" effectually to prevent illicit distillation" A n d whereas a certain other Ac t was passed in the eleventh year of the reign of Her said Majesty intituled " An Act to continue an Act intituled ' An Act to
" ' authorize and regulate for a limited time the warehousing under
" ' bond and the exportation free of duty of Spirits distilled, in the " ' Colony of New South, Wales' " A n d whereas it is expedient to repeal the above recited Acts and to enact other regulations and provisions in lieu thereof Be it therefore enacted by His Excellency the Governor of N e w South "Wales with the advice and consent of the Legislative Council thereof That from and after the first day of October next the said recited Acts shall be and the same are hereby repealed except in so far as the said Acts or any of them repeal or repeals any former A c t or Acts or any part or parts of any former Ac t or Acts Provided always that the said recited Acts shall continue and remain in force so far as they relate to the indem nifying of any Justices in respect of any matter or thing therein referred to or the charging recovering prosecuting suing for levying paying accounting for or mitigating any duty or arrear
of duty which shall have been or shall lie chargeable or payable
on any such spirits under the said Acts or any of them or of any fine penalty or forfeiture for any offence against the said Acts or any of them which shall have been committed at any time on or before the commencement of this Ac t all which suits or other proceedings matters and things shall and may be had and proceeded on and shall remain and be to all intents and purposes whatever as i f the said Acts bad not
been repealed in manner aforesaid. 2. A n d be it enacted That from and after the passing of this
A c t it shall not be lawful for any person except as hereinafter exceptedto carry on the business of a distiller or a rectifier and compounder of spirits or to have keep or make use of any still or other utensil for distilling or for rectifying and compounding spirits except in such places as His Excellency the Governor of the said Colony shall appoint or direct by proclamation to be published in the New South Wales Government Gazette under a penalty of not less than one
hundred pounds nor more than five hundred pounds.
3 And be it enacted That it shall not be lawful for any person
to have keep or make use of any still or other utensil for distilling or
for • rectifying and compounding spirits in the said Colony or its
Dependencies without first having obtained a license for keeping or using the same from the Colonial Treasurer or other person appointed by the Governor of the said Colony for the time being under a penalty
of not less than one hundred pounds nor more than five hundredpounds together with the forfeiture of such still and utensils.
1,
4. A n d be it enacted That any person wishing to obtain a
license for the purpose of distilling or for rectifying and compounding
spirits shall by memorial apply to the Governor to direct such license
to be granted and that such memorial shall state the premises upon which such distilling or rectifying and compounding is to be carried on respectively.
5. A n d be it enacted That no license shall be granted in respect
of any distillery not licensed previously to the passing of this Ac t
unless the wash still or stills shall be capable of containing double the content of the low wine or spirit still or stills erected therein and that
no wash still shall be capable of containing less than one thousand
gallons and no low wine or spirit still less than five hundred gallons.
6. A n d be it enacted That before any license be granted or
renewed to any person under this or any other Ac t for the time being in force relating to the distillation or rectifying and compounding of
spirits such person shall produce to the Colonial Treasurer or other person appointed by the Governor to grant such license a certificate under the hands of three Justices of the Peace that he is of good character and a lit and proper person to be licensed which certificate
| shall be published in the New South Wales Government | Gazette. |
7. A n d be it enacted That it shall be lawful for the Governor
with the advice of the Executive Council to prohibit the granting or renewing of any license under this Ac t or to suspend or revoke or
annul any such license; on proof to the satisfaction of the said Governor and Executive Council that the enactments and provisions of this or any other A c t for the time being relating to the distillation of spirits
have been contravened or that any officer has been obstructed or pre vented in or from doing any part of bis duty by the party applying for or holding any such license or renewal thereof.
8. A n d be it enacted That no license to distil or to rectify and
compound spirits shall be granted or renewed unless it be certified by
the Chief Inspector of Distilleries or other person appointed by the
Governor that the premises within which the business of distillation is to be carried on are surrounded by a substantial wall or slab paling that no portion of such wall or paling is of less height than six feet from flu;
ground that it is in good repair that it is in the opinion of the person granting the certificate sufficient for the purposes of security intended
by this A c t that there is a space of five feet between it and any other building that there is but one; entrance through it and that such
entrance is secured by a closely panelled door or gate not less in height
than six feet from the ground and that such door or gate is provided
with sufficient locks and fastenings.
0. A n d be it enacted That windows or convenient apertures
shall be; made for the admission of sufficient light into every part of
eve>ry licensed distillery and that no license shall be granted or renewcel
until it be certified by the Chief Inspector of Distilleries or other officer appointed by the Governor that sufficient light has been admitted into
every part of the building.
10. A n d be it enacted That before any license be granted for the distillation or for the rectifying and compounding of spirits a
correct plan or series of plans of the whole of the premises shall be;
furnished to the Chief Inspector of Distilleries or other officer appointed
by the Governor for the approval of the Governor whereon shall be figured and numbered in numerical progression every boiler mash-tun
underback cooler fermenting back wash charger low wines' charge:r
feints' charges every still including the worm thereof every spirit vat every receiver every safe for securing the tail pipes every othe;r vessel or utensil on the said premises and whereon shall be figured every pipe tube trough and pump connected with such vessels and
2 D—VOL. 3. every every dram sewer pipe or tube being- upon or passing through any
part of the said premises and every vessel and utensil on the premises shall be numbered in numerical progression so that the number marked thereon respectively shall correspond with the representa
tion thereof shewn on the said plan or series of plans and every pipe on such plan for the conveyance of worts or wash shall be painted red every pipe for the conveyance of feints and low wines shall bepainted blue every pipe for the conveyance of spirits shall be painted
green every pipe for the conveyance of water shall be painted black and
every pipe for the conveyance of gas shall be painted yellow and such plan or series of plans shall be signed by the person applying for such
license Provided however that in case the Governor with the adviceof his Executive Council shall disapprove of the said plan or series of
plans or of any matter or thing figured thereon it shall be lawful for the Governor to direct that the license applied for shall not be granted and such license shall not be granted accordingly.
11. And be it enacted That before any such license for the
distillation of spirits be granted or renewed it shall be certified by the Chief Inspector of Distilleries or other person appointed by the Governor to grant such certificate that there is erected upon the
premises for which a license is sought to be obtained a store in which spirits when distilled shall be deposited that it is a solid building of stone or brick that each and every window is secured with iron liars not less than one and a-half inch square or one and a-half inch in diameter and the whole opening secured with strong close wire nettingsecurely fixed to the satisfaction of the person granting the certificate
that there is but one door or entrance to the said store that the said
door is of solid construction that it is provided with the means of being secured by three locks of which two shall be furnished and the keys thereof kept by the Government and one lock furnished and the key kept by the distiller that the vats destined for the storing of
spirits within such store are elevated at least two feet from the ground that they are so placed that the whole exterior surface and the bottom of each arc open to inspection and that the said store is in every respect
in good repair and sufficiently secure for the purposes of this Ac t .12. A n d be it enacted That before any such license for the distillation of spirits be granted or renewed it shall be certified by the Chief Inspector of Distilleries or other person appointed by the Governor that there is erected upon the premises for which a license is sought to be obtained a store or stores for the reception of sugar
treacle molasses malt grain or other material whatsoever which may be intended to be used in the process of distillation that each and every window is 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 satisfac tion of the person granting the certificate that there is but one door or entrance to such store that the door is of solid construction and
that it is provided with the means of being secured by three locks of which two shall be supplied and the keys kept by the Government and
one lock furnished and the key kept by the distiller.13. A n d be it enacted That no license to distil spirits shall be granted or renewed unless it be certified by the Chief Inspector of
Distilleries or other officer appointed by the Governor that the several vessels hereinafter enumerated and described are erected on tin;
premises for which a license is sought to be obtained and that the pro visions hereinafter expressed with regard to their arrangement have been complied with and every person applying for such license shall erect and keep the several vessels hereinafter enumerated and in the
manner and for the purposes hereinafter to be described that is to say
—One
—One vessel to be called a wash charger one other vessel to lie called a low wines' receiver one other vessel to be called a low wines' charger one other vessel to be called a feints' charger two other vessels to be called feints' receivers and one other vessel to be called a spirits' receiver.
14. A n d be it enacted That licenses to distil and to rectify and compound spirits respectively shall be issued in the forms proscribed in the Schedules E and E to this A c t annexed or in words to the like effect,
15. A n d be it enacted That no license to rectify and compound
spirits shall be granted or renewed unless it be certified by an Inspec tor of Distilleries that there is erected in connection with the still for which a license is sought to be obtained at least one receiver which shall be a close covered vessel provided with the means of being secured by locks the contents of which receiver shall not be less than that of
such still and that the provisions contained in this A c t have been
complied with.
16. A n d be it enacted That before any such license for the rectifying and compounding of spirits shall be granted or renewed the person or persons applying for the same together with two sufficient
sureties shall enter into a recognizance payable to I ter Majesty Her
Heirs and Successors in the sum of three hundred pounds conditioned
for the due and faithful observance of all the laws in force in the
Colony in respect to the rectifying and compounding of spirits.
17. A n d be it enacted That it shall and may be lawful for the
Colonial Treasurer or other person appointed as aforesaid to issue a license to any apothecary chemist or druggist applying for the same to keep and use on his premises a still of not more than eight gallons content for the purposes of his trade; only Provided that every person wishing to keep such still shall notify his intention so to do to the Colonial Treasurer or other person appointed as aforesaid who shall thereupon require such person together with two sufficient sureties to enter into a recognizaneo payable to Her Majesty in the sum of two hundred pounds conditioned that he will not make use of such still or suffer it to be made use of except for the preparation of medicines or other articles required bond fide for medical purposes and that he will not run from any such still any spirituous liquors upon which the full duty shall not have been paid and every such person found to have in his possession any still without having entered into such recognizance
| hundred pounds nor more than five hundred pounds. | and obtained such license shall forfeit and pay not less than one |
| 18. A n d be it enacted That it shall be lawful for the Colonial Treasurer or other person appointed as aforesaid in his discretion as be shall see fit to issue a license to any person applying for the saint", to keep and use on his premises a still of not more than eight gallons content for any scientific purpose or for the purpose of distilling scent or perfume from any vegetable matter which has not been submitted to the process of fermentation Provided that every person wishing to keep such still shall notify his intention so to do to the Colonial Treasurer or other person appointed as aforesaid who shall thereupon require such person with two sufficient sureties to enter into a recognizance payable to H e r Majesty in the sum of two hundred pounds conditioned that he will not make use of such still or suffer it to be made use of except for such scientific or other purpose as aforesaid and every person found to have in Ins possession any such still without having entered into such recognizance and obtained a license shall forfeit and pay not less than one hundred pounds nor more than five | |
| hundred pounds. |
19. A n d be it enacted That nothing in this Ac t contained shall prevent the maker of wine from grapes the produce of his own vineyard in the Colony aforesaid or its Dependencies from keeping and using one still of not more than fifty nor less than twenty-five gallons content for the purpose of distilling brandy from such wine or the lees of such wine for his own consumption provided he obtain for such still a license from the Colonial Treasurer or other person appointed as aforesaid which license shall be granted only on a certificate signed by two Magistrates that the person requiring the still has in cultivation and bearing a vineyard of at least two acres in extent Provided that every person wishing to keep such still shall notify his intention so to do to the Colonial Treasurer or other person appointed as aforesaid who shall thereupon require such person with two sufficient sureties to enter into a recognizance payable to Her Majesty in the sum of two hundred pounds conditioned that ho wil l not sell or dispose of any spirits so distilled and that he wil l not use such still except for the purpose of distilling spirits from such wine or lees as aforesaid and every such person found to have in his possession any still without having entered into such recognizance and obtained such license shall forfeit and pay not less than one hundred pounds nor more than five
hundred pounds.
20. A n d be it enacted That it shall be lawful for any such maker of wine holding a license as aforesaid to fortify the wines the produce of his own vineyard with the brandy distilled by him under the provisions of this A c t and to sell the wines so fortified Provided always that no such wines so fortified shall contain a greater propor tion than twenty-five per cent, of alcohol of the specific gravity of eight hundred and twenty-five at the temperature of sixty degrees according to Fahrenheit's thermometer.
21. A n d be it enacted That every license granted in pursuance
of this Ac t shall terminate on the thirty-first day of December nextfollowing the granting thereof and there shall be paid for and in respect of every such license the respective sums hereinafter mentioned
if such license shall be for the full period of twelve months or such
smaller sums respectively as shall be proportioned to the time the same shall be in force that is to say for every license granted for the distil lation of spirits or for a renewal of the same the sum of ten pounds for every license granted for the rectifying and compounding of spirits or for a renewal of the same a like sum of ten pounds for every license granted to an apothecary chemist or druggist or to any person applying
for a license to use a still for any scientific purpose or for the purpose of making scent or perfume as aforesaid or for a renewal of the same respectively the sum of two pounds and for every license granted to a maker of wine as aforesaid or for a renewal of the same the sum of one pound which sums respectively shall be paid by the party obtaining
such license to the Colonial Treasurer of the said Colony or other person appointed as aforesaid who upon receiving the direction of the Governor and upon the production of the certificates hereinbefore required and upon the execution of the recognizances hereinbefore mentioned and upon payment of the said sums respectively by the said party or parties applying for such licenses respectively is hereby authorized and directed to issue the same for the said term of one year and no longer.
22. A n d be it enacted That such licenses as aforesaid granted
under this A c t may be renewed annually from year to year upon the
person or persons so applying for such renewal paying to the Colonial Treasurer or other person appointed as aforesaid the said sums respec tively and upon receipt by the Colonial Treasurer or other person appointed as aforesaid of a certificate from the Chief Inspector of Distilleries or other person appointed as aforesaid that all the regula
tions
tions of this or of any other Ac t for the time being relating to the distillation or to the rectifying and compounding of spirits respectively have been complied with Provided however that in ease the party or parties applying for any such renewed license shall have; been convicted of any offence against the provisions of this A c t or shall have forfeited the said recognizance hereinbefore mentioned or that the same shall have been estreated for any breach of the covenants therein contained it shall not be lawful for the said Colonial Treasurer or other person appointed as aforesaid to grant such renewal of any former license but he is hereby authorized and directed to refuse the same unless specially directed to issue a license by the Governor.
23. A n d be it enacted That all licenses which have been granted under the provisions of any of the Acts hereby repealed shall cease and determine on the thirty-first day of December next ensuing
unless previously renewed under the provisions of this Ac t .
24. A n d whereas it has been ascertained that a certain chemical material known as naphtha commonly called spirit of coal tar is of advantage in the increase and improvement of light produced from coal gas A n d whereas such naphtha or spirit of coal tar cannot be pro duced without using a still and other apparatus used and employed in the process of distillation Be it therefore enacted That it shall and may be lawful for the Colonial Treasurer or other person appointed as aforesaid to issue a license free of all charge to keep and use a still to a certain company known as " The Australian Gas L igh t Company " or to any other company or individual manufacturing coal gas for public use in lighting any city or town within the Colony aforesaid upon being applied to for that purpose by the said Gas L igh t Com pany or by any other company or person or persons manufacturing gas for the purpose aforesaid and to be used only on the premises where the manufacture of coal gas is carried on Provided that every
such company or person wishing to keep such still shall notify their
or his intention so to do to the Colonial Treasurer or other person appointed as aforesaid who shall thereupon require such company or person with two sufficient sureties to enter into a recognizance payable to Her Majesty in the sum of two hundred pounds conditioned that any such company or person will not make use of such still or suffer it to be made use of except for the preparation of naphtha or spirit of coal tar or other articles required bond fide for the said purpose and every such company or person found to have in their or his possession any still without having entered into such recognizance and obtained
such license shall forfeit and pay not less than one hundred pounds
nor more than five hundred pounds.
25. A n d be it enacted That it shall not be lawful for any person who shall be the owner or part owner or who has any interest or share in a distillery or in any premises or concerns used for rectifying or compounding spirits nor for any maker of wine the produce of his own vineyard licensed to use a still nor for any apothecary or chemist licensed to use a still nor for any person licensed to use a still for scientific or other purposes to have or to hold a license to retail
spirituous or fermented liquors and in case any person who shall have
obtained a license for the sale of fermented or spirituous liquors by retail shall after the obtaining of such license become the owner or
part owner or have any share; or interest in a licensed distillery or in
any premises or concerns used for rectifying or compounding spirits
such license so granted for the sale of fermented or spirituous liquors
by retail shall thereupon become and be absolutely void and the party or parties continuing to sell fermented or spirituous liquors by retail after having become the owner or part owner of or after obtaining an interest or share in a licensed distillery or in any premises or concerns
used
used for the rectifying or compounding of spirits may he prosecuted and convicted as a person selling fermented or spirituous liquors by retail without a license.
26. A n d be it enacted That it shall not be lawful for any person or persons who shall have obtained any such licenses as afore said or for any other person whatsoever to practise follow or use the
trade or business of a brewer of ale porter beer or ginger-beer within
the premises on which there is a still nor on any part thereof nor on any other place or premises within one hundred yards of the said premises on which there is a still under a penalty of one hundred pounds.27. A n d be it enacted That no other business or work except
that of a distiller or that of coopering or repairing casks for the
removal of spirits shall be carried on within the premises of a distillerunder a penalty of twenty pounds Provided always that it shall be
lawful for the distiller to employ workmen for the necessary repairs or alterations of his premises and to have and keep a forge for the working of the iron required in such repairs or alterations.
28. A n d 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 or utensil where such officer shall require or if
sufficient light and sufficient aid and assistance shall not be supplied by the distiller or his servants in locking unlocking opening or removing all locks and fastenings and also for the purpose of gauging or ascertaining the content 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 neglect or offence forfeit the sum of one hundred pounds.
29. A n d be it enacted That if at any time the said Avail or slab paling or gate shall 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 said Avail or slab paling or gate as the case may be to be rendered 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
no rubbish shall be deposited and that all materials required for the said Avail or slab paling or gate may remain in an insecure state. 30. A n d be it enacted That upon the premises of every distillery use of the distillery shall be deposited in a building appropriated for the reception of the same as hereinbefore 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 was 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 be placed beyond the premises of tin; distillery and if any distiller shall neglect to conform to tin; provisions
of this clause or fail forthwith 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 the sum of twenty pounds for every such offence.
31. A n d be it enacted That upon the premises of every distillery there shall be an office fit and proper for the safe custody of the Government books accounts and instruments and convenient for the accommodation of the officer on duty and upon obtaining his license
t he
the distiller shall deliver the key and give over possession of the said
office to the Chief Inspector of Distilleries and the said distiller shah
thereby relinquish all right to the occupancy of the said office so long as he shall hold a license or there shall remain in the certified and registered store; of the premises for which the license is granted any spirits upon which the duty has not been paid and any distiller failing to comply with the provisions of this clause shall forfeit and pay the sum of one hundred pounds.
32. A n d be it enacted That every distiller or rectifier and compounder of spirits shall immediately on obtaining his license or a renewal thereof or not later than the seventh day thereafter furnish to the Chief Inspector of Distilleries a return in writing signed by him
of every tun back charger still receiver vat or other vessel or utensil
on the premises in respect of which he may be licensed which return shall also set forth a correct statement of the content in imperial gallons in each and every vessel or utensil as above enumerated as well as the number of imperial gallons that every inch of the height thereof is respectively capable of containing and such return shall not be held to be a lawful return until it shall have been verified and countersigned by two Inspectors of Distilleries and the said return so furnished shall be kept and registered by the Chief Inspector of Distilleries and all vessels or utensils found on the said premises which shall not be stated and mentioned in the said return shall be liable to be seized by any Inspector of Distilleries or other person appointed as aforesaid and any distiller who shall commence the operation of making or brewing worts or any rectifier who shall rectify any spirits before the provisions herein contained shall have been complied with shall forfeit and pay the sum of one hundred pounds.
33. And be it enacted That a particular description of the said certified store for the reception of spirits when distilled shall be made and registered by the Chief Inspector of Distilleries in the form set forth in the Schedule D to this Ac t annexed or in words to the like effect and kept by him with the other records of his office and
that all spirits found in any place on the premises except in the said
store so registered or in the vessels and utensils and in the manner hereinafter provided shall be forfeited and may be seized by any Inspector of Distilleries and the distiller on proof of spirits being found in any other place or part of the premises shall forfeit and pay the sum
of forty shillings for every gallon of spirits so found.
34. A n d be it enacted That a particular description of the said certified store for the reception of sugar treacle molasses malt grain
or other material which may be used in the process of distillation shall
be made and registered by the Chief Inspector of Distilleries in the form set forth in the Schedule D to this Ac t annexed or in words to the like effect and kept by him with the other records of his office and that all sugar treacle molasses malt grain or other material capable of fermentation or which, may be used as aforesaid found in any part of the premises except in the certified store so registered shall be forfeited and may be seized by any Inspector of Distilleries and the distiller on proof of any such material being found in any other part of the premises except in the manner hereinafter provided shall forfeit and pay the sum of forty shillings for every hundred weight of materials so found.
35 And be it enacted That every such wash charger as afore said shall be a close covered vessel the capacity or content of which shall not be less than that of the largest fermenting wash back and every such wash charger shall be connected with the wash still by one close metal pipe having a cock or cocks thereon one end of which pipe shall be fixed into the bottom of such wash charger and the other end
thereof
thereof shall be fixed into such still and to such wash charger there
shall be one other close metal pipe having a cock thereon one end of
which pipe shall be fixed into the pipe or trough communicating with the fermenting wash backs and the other end of such pipe shall be fixed into such wash charger and such wash charger shall not have any communication with any other vessel or utensil whatever and every such low wines' receiver as aforesaid shall be a close covered vessel with a pump fixed therein for the conveyance of low wines from
such receiver into the low wines' and feints' charger and there shall be
one close metal pipe externally visible for its whole length attached to and leading directly from the safe at the end of the worm of the wash still and fixed into every such low wines' receiver so that all low wines
running into such pipe from such safe shall immediately be dis
charged therefrom into such low wines' receiver which receiver shall not have any communication with any vessel or utensil whatsoever except as aforesaid and every such feints' receiver as aforesaid shall be a close covered vessel with a pump fixed therein for the conveyance of feints from such receiver into the low wines' and feints' charger and
there shall be one close metal pipe externally visible for the whole length attached to and leading directly from the safe at the end of the wormof the low wines' or spirit still and fixed into every such feints' receiver so that all feints running into such pipe from such safe shall immediately be discharged therefrom into such feints' receiver which receiver shall not have any communication with any vessel or utensil whatsoever except as aforesaid and every such low wines' and feints' charger as aforesaid shall be a close covered vessel connected with the low wines' or spirit still by a close metal pipe having a cock or cocks thereon one end of which pipe shall be fixed into the bottom of
such charger and the other end shall be fixed into such still and each such charger shall have communication with the low wines' and feints'receiver respectively by means of close metal pipes one end whereof respectively shall be fixed to each such charger and the other end whereof
shall be attached to the pump or pumps to be fixed as aforesaid in the
low wines' receiver and feints' receiver respectively and such chargershall not have any communication with any other vessel or utensil
whatsoever except as aforesaid and every such spirit receiver as aforesaid shall be a close covered vessel with a pump fixed therein for the conveyance of spirits from such receiver into the spirit vats in the certified and registered store for the reception of spirits and
there shall be one close metal pipe externally visible for the whole length attached to and leading directly from the safe at the end of the worm of the spirit still and fixed into such spirit receiver in such manner as that all spirits running therein from such safe shall run directly and be discharged therefrom into such spirit receiver without resting in the said pipe and that each and every such charger and receiver shall be erected and kept in a convenient and public
situation in the still house or to the approbation of the Chief Inspector of Distilleries and exposed to open view and easy of access and inspec tion on all parts thereof and that each such charger and receiver respectively shall have a sufficient cover thereon with a rectangular- dipping hole cut in such cover not more nor less than an inch square and in which dipping hole there shall be placed a dipping rod to be provided by the distiller and if any charger or receiver shall be made use of in any distillery which shall not be erected kept and constructed in manner herein directed or which shall have any hole therein except a trap door in the cover thereof properly secured by the officer and a dipping hole as aforesaid or if any pipe or cock as aforesaid shall be made use of which shall not be placed kept and constructed in manner herein directed or if there be any communication with any other vessel
or
or utensil whatsoever other than as by this A c t is required authorized and allowed then and in every such case such distiller shall forfeit and pay the sum of two hundred pounds and also the sum of twenty pounds for every day during which such charger or receiver or pipe or cock not strictly in accordance with the provisions of this clause shall remain in the distillery of such distiller.
8G. A n d be it enacted That in no building nor in any part of the premises of the distillery shall any pipe or tube pass below the surface of the ground unless such pipe or tube be enclosed in a wooden cast; so constructed as to admit of its being opened and the pipe or tube exposed to view at the demand of any Inspector of Distilleries and any distiller who shall fail to comply with the provisions herein contained shall forfeit and pay the sum of two hundred pounds Provided always that the pipes used for the conveyance of water in any of the distilleries licensed previously to the passing of this Ac t shall not be affected by the provisions of this clause.
37. And be it enacted That the end of every tail pipe belong ing to every still of every distiller or rectifier or compounder of spirits shall be enclosed and secured at the expense of the distiller or rectifier or compounder of spirits in such manner and by such mecha nism and means as the Chief Inspector of Distilleries may direct and
that all spirits low wines and feints running from such tail pipe shall
run into a safe enclosed and secured in manner as aforesaid and shall be thence conveyed by a pipe open externally to the inspection of the officers for its whole length into the spirits' receiver or low wines' or feints' receiver or receivers as the case may be and if upon demand by the Chief Inspector of Distilleries the end of every such tail pipe shall not be secured by such mechanism and means as shall be so directed or it the whole of the spirits low wines and feints coming from any such tail pipe shall not be run into such safe so enclosed and secured as aforesaid or if such spirits low wines and feints respectively and every
part thereof shall not be conveyed from such safe into the spirits'
receiver or low wines' or feints' receiver or receivers as the case maybe directly and by such pipe as aforesaid or if on the demand of the proper officer all the expenses incurred by providing and repairing or altering
such mechanism or means of enclosing the end of such tail pipe and
safe as aforesaid shall not be paid by or on behalf of such distiller or rectifier to such officer or i f such mechanism and means of enclosing the end of such tail pipe and safe as aforesaid shall not be affixed and kept and preserved affixed as aforesaid or i f at any time after the end of
any such tail pipe and any such safe may have been enclosed and secured
as aforesaid the mechanism or means by which the same shall be so
enclosed and secured as aforesaid or any part thereof shall be destroyed
or injured or if by any art or contrivance any access shall be gained or
had without not ice to and except with the knowledge and in the presence
of an Inspector of Distilleries to any spirits low wines or feints from the
time of the extraction or distillation thereof until the same have boon taken account of by the proper officer in the proper receiver or receivers or if the officer shall be in any manner prevented from or baffled or defeated in the taking a true account of any spirits low wines or feints in any vessel whatsoever then and in every such case the distiller shall for every such offence forfeit and pay the sum of two hundred pounds.
38. A n d be it enacted That every distiller shall provide and fix to the satisfaction of the Chief Inspector of Distilleries a proper discharge cock or plug and plug-hole in every fermenting wash back through which cock or plug-hole the wash in such wash back shall from time to time be conveyed by a main pipe or open trough into the wash charger and such main pipe or trough shall he placed and fixed in such manner that all wash or liquor put therein shall forthwith run
2 E—VOL. 3. and and be discharged from thence into such wash charger and not else
where except by a sewer cock fixed on such main pipe and properly
secured and fastened and there shall not be any other pipe or
conveyance entering into or passing out of any such wash fermentingback except the pipe or trough for conveying wort into such fermenting back from the coolers and if such discharge cock or plug shall not be
provided and fixed as aforesaid or if such main pipe or open troughshall not be placed and fixed as aforesaid or if there shall be any other pipe conveyance or cock to or from any fermenting back except as aforesaid then and in every such case such distiller shall forfeit and
pay the sum of two hundred pounds Provided always that nothing
herein contained shall prevent any distiller from placing any close metal pipe or pipes in but not opening into any wash back for the purpose of conveying through such back hot or cold air or Avatcr for the purpose of promoting or retarding the fermentation of the worts or wash contained in such back.39. A n d be it enacted That the pipes troughs sluices and cocks for the conveyance of worts into the fermenting backs of every distillery shall be secure and standi so that there shall be no leakage therefrom and that any distiller who shall fail to repair and make
secure and stanch any such pipe trough sluice or cock within twenty-
four hours after receiving notice in writing to that effect from the
officer on duty shall forfeit and pay the sum of one hundred pounds.40. And be it enacted That every distiller or rectifier shall at his own expense and charge provide maintain and keep the several utensils cocks pumps pipes and troughs which are required by this A c t and shall also provide maintain and keep in good repair and at his own expense and charge proper and sufficient fastenings to the satisfaction of the Chief Inspector of Distilleries or other officer appointed by the Governor for securing the several cocks and plugs
required by this Ac t to be secured and for securing the covers of or belonging to the chargers and receivers hereinbefore mentioned respectively and also for securing the furnace doors pumps safes pipes
vessels and utensils permitted allowed or required for the purposes mentioned in this Ac t and every distiller or rectifier failing herein shall forfeit and pay the sum of one hundred pounds.
41. A n d be it enacted That it shall and may be lawful for any Inspector of Distilleries on duty at any distillery to lock secure and fasten the several coverings fastenings furnace doors cocks safes pipes pumps plugs troughs vessels and utensils for which fastenings are
required to be provided in such manner as the Chief Inspector of
Distilleries may direct as aforesaid and to keep the same and each andevery of them so locked secured and fastened at all times except when
they shall be opened unfastened or unlocked by or in the presence of
any Inspector as aforesaid.
42. A n d be it enacted That at or near the top of every ferment
ing wash back and at or near the top of every charger or receiver and
of every vat for storing or keeping spirits in the premises of any
distiller there shall be an opening or dipping place at which the officer may conveniently take his dip or gauge of the contents of such vessel
and all such backs and vessels respectively shall be placed and kept in
convenient situations and shall be at all times easy of access to the officer for his more readily and effectually inspecting and examining them in every part and taking the dip or gauge thereof and i f in any such back or vessel there shall not be such opening or dipping place so con
structed and secured as aforesaid or i f any such back or vessel shall not be placed and kept in a convenient situation and easy of access to the officer as aforesaid or i f the officer shall at any time by any means whatever or in any manner whatever be prevented from ascertaining
the
the quantity and gravity or either of them of any wort or wash or the quantity or strength of any low wines feints or spirits then and in every such case such distiller off eliding therein shall forfeit and pay the sum of two hundred pounds.
PS. A n d be it enacted That if the size situation or position of any vessel utensil or pipe shall be in any manner altered at any time after such return or plan as is required by this A c t shall have been made or given thereof unless on such notice as is herein provided then in each and every such case such distiller or rectifier offending therein shall forfeit and pay the sum of two hundred pounds Provided always that it shall and may be lawful for such distiller or rectifier to alter the size situation or position of any such vessel or utensil or pipe or to erect and set up any new vessel utensil or pipe on receiving per mission in writing from the Chief Inspector of Distilleries of such intended alteration specifying the particular vessel utensil or pipe and the size situation or posit ion which is intended to be altered and making
return of such new vessel utensil or pipe in manner hereinbefore
mentioned and conforming in all respects to the regulations in this A c t
contained in that behalf.
I f . Provided always and be it enacted That it shall and may be lawful for the Governor to permit and allow any distiller or rectifier working under the regulations of any A c t or Acts in force prior to the passing of this A c t to keep or use such of the vessels already fixed or used in the distillery of such distiller or rectifier as shall be reported by the Chief Inspector of Distilleries to be secure and adapted to the purposes for which such vessels are prescribed or required by
this A c t and that no distiller or rectifier to whom such permission
shall be granted shall be liable to any of the penalties imposed by this Act in respect of such distiller or rectifier keeping or using any such vessels so permitted although the same may not be conformable with the provisions of this Ac t anything hereinbefore contained to the contrary notwithstanding.
45. A n d be it enacted That whenever any Inspector of Distil leries having reason to suspect that any fraud is practised against the Revenue or the provisions of this A c t 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 lie 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 or rectifier his servants or work men and if the water shall not be so drawn or run off at the request of
| and continued out of such worm and tub for the space of two hours or | such officer and the tub and worm forthwith cleaned and the water kept |
| until the officer has finished his inspection and examination of such tub and the worm therein the distiller or rectifier at whose distillery | |
| such worm tub shall be situate shall forfeit and pay 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. | |
| 10. And be it enacted That the said certified and registered store for the reception of material to be used in the process of distilla tion may be opened for the purpose of admitting such material between the hours of eight in the morning and four in the afternoon only and all such material previously to such admission into the said store shall be weighed by the distiller or his servants in the presence and to the satisfaction of an Inspector of Distilleries who shall take account thereof and the said store shall bo opened for the delivery of such material for the purpose; of mashing between the hours only of six in the morning and three in the afternoon and immediately after such delivery such material shall be weighed by the distiller or his servants |
in
in the presence and to the satisfaction of an Inspector of Distil leries who shall take account thereof and the material so weighed shall within one hour thereafter be conveyed into the underback or
mash-tun of the distillery and any such distiller offending herein or
failing or refusing to provide the necessary assistance for weighing
such material shall forfeit and pay the sum of fifty pounds.47. A n d be it enacted That the Chief Inspector of Distilleries shall provide a book to be called a notice book to be kept in every dis tillery or rectifying establishment by the distiller or rectifier as the case may be or by their servants and before any notice or declaration by this A c t required to be given or delivered shall bo so given or delivered an entry shall be made in such book stating the particulars of all such notices and declarations and such book shall at all times on demand be delivered to any Inspector of Distilleries at the distillery or rectifying establishment and if any distiller or rectifier or any person on his behalf to whom any such book shall be tendered shall refuse to receive the same or if the particulars of all such notices or declarations 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 any such distiller or rectifier or by any person employed in the distillery or rectifying establishment or if
such book shall not at any time be delivered to any Inspector of Distil
leries on his demanding the same then and in every such case such distiller or rectifier shall forfeit and pay the sum of two hundred pounds.
48. A n d be it enacted That any notice or declaration which shall be given or served by or on behalf of any distiller or rectifier upon any person upon whom the same ought to be given or served shall according to the true intent and meaning of such notice and declaration be taken to be good and effectual as against such distiller or rectifier although such notice or declaration shall not be in the form or shall not contain the several particulars or shall not be given or served on the person within the time by this Ac t prescribed or appointed for giving or receiving the same and upon the trial of any information or other proceeding relating to or in any manner touching or concerning anysuch notice or declaration it shall not be competent to or for such
distiller or rectifier to allege any imperfection or defect in any such
notice or declaration or in giving or serving the same.
49. A n d be it enacted That from and after the passing of this
A c t it shall not be lawful for any distiller to commence mashing
without having first served a written notice of at least sixteen hours
intends to set up and the material and the weight thereof which ho on the officer on duty specifying therein the back or backs which he intends to use in the twenty-four hours next following on the expira tion of the said sixteen hours and that similar notice shall be given from day to day of every such mashing under a penalty of one hundred pounds Provided however that for every day after the first day a notice of at least six hours shall be sufficient instead of sixteen.
50. A n d be it enacted That it shall not be lawful for any dis tiller to add to the worts contained in any fermenting back any composition for exciting fermentation except after having served one
hour's notice thereof on the officer on duty and in the presence of such officer and in any quantity not exceeding the proportion of ten
gallons of any such composition to one hundred gallons of any such worts Provided however that at any time before the declaration first hereinafter mentioned it shall be lawful for the distiller to make use of spent wash in the preparation of worts in any quantity not exceeding the proportion of twenty gallons of such spent wash to one hundred gallons of any such worts and any distiller offending against the pro visions or enactments herein contained shall forfeit and pay the sum
of two hundred pounds. 51.
51. A n d be it enacted That before any worts shall be conveyed from the cooler into any fermenting back or backs the distiller shall
g ive notice thereof to the officer on duty which notice shall specify
the back or backs which are intended to be idled or set up and that any distiller failing herein shall forfeit and pay the sum of fifty pounds.
52. A n d be it enacted That any such saccharometers may be used for ascertaining the specific gravity of wort or wash under this A c t as shall from time to time be prescribed for that purpose by His Excellency the Governor of the said Colony and that every degree of specific gravity to be ascertained by any saccharometer under the pro visions of this A c t shall be calculated in the following manner that is to say that distilled water being assumed as unity at the temperature
of sixty degrees by Fahrenheit's thermometer every degree of such
specific gravity shall be correspondent to a thousandth part of the specific gravity of such water and all wort or wash shall for the pur poses of this A c t be deemed and taken to be of the specific gravity at which the said saccharometer shall on the application thereof denote or indicate such wort or wash to be.
53. A n d be it enacted That within twenty-four hours after any worts shall have been conveyed into the cooler the distiller or his ser vant shall deliver to the officer on duty a declaration specifying the number of the back or backs into which such wort shall have been con veyed and the specific gravity of such wort in such back or backs and the quantity thereof that is to say the number of inches not occupied or wetted by the worts being the space between the upper edge on the; dipping place of such back or backs and the surface of the worts and
if any worts shall be conveyed into and collected in any fermenting back
or backs in any other manner than as is herein directed or if any
untrue declaration shall be given or if such declaration shall not bo
given as is herein required then and in each and every such case the
distiller shall forfeit and pay the sum of two hundred pounds.
51. A n d be it enacted That if at any time beyond six hours
after any such declaration as aforesaid shall have been delivered the specific gravity of any such worts or wash shall be found to exceed the specific gravity specified in such declaration by five per centum or if the quantity of any such worts or wash shall be found to exceed by five per centum the quantity of wort mentioned in such declaration as the quantity collected as aforesaid then and in each and every such case the distiller shall forfeit and pay the sum of two hundred pounds.
55. A n d be it enacted That if at any time after any Inspector
of Distilleries shall have taken an account of and ascertained the
specific gravity and quantity of any wort or wash, in any fermenting back any wort shall be found in such back or any wash in process of fermentation shall be found in such back which shall exceed in gravity by five per centum or more the wort or wash in such back of which
such account had been taken or which shall exceed in quantity by
five per centum or more the wort or wash in such fermenting back of which such account had been previously taken all such wort or wash in such back shall be considered as new wort or wash and not included in any former charge against the distiller in whose possession such wort or wash shall be found and such distiller shall be charged with duty in respect of the whole wort or wash in such back in like manner as such distiller is by this A c t chargeable in respect of any w rort or wash not before charged and the wort or wash of which such account had been previously taken in such back shall be deemed to be distilled or decreased and the distiller shall be charged for a quantity of spirits in respect of such wort or wash so deemed to be distilled or decreased in like manner as such distiller is chargeable under this Act for any
wort
wort or wash actually distilled or decreased and such distiller shall also for every such offence forfeit and pay the sum of two hundred pounds.
56. A n d he it enacted That all spirits shall he deemed and taken to he of the degree of strength at which any hydrometer called Sykes' hydrometer shall upon trial by any Inspector of Distilleries or other person appointed as aforesaid denote such spirits to he.
57. A n d he it enacted That all wash which shall be made in the distillery of any distiller shall be fermented in the fermenting wash backs of such distiller and shall be conveyed directly from thence into the wash charger and shall be conveyed from such charger into the wash still there to be made or distilled into low wines and all low wines shall be conveyed directly from the safe at the worm end of the wash still into the low wines' receiver and shall from thence be pumped up or conveyed into the low wines' charger and shall be conveyed directly from such charger or chargers into the low wines or spirit still there to be re-distilled and all feints or spirits produced bysuch re-distillation shall be conveyed directly from the safe at the
worm end of the low wines' or spirit still into the feints' receiver or spirit receiver respectively and so much of such feints as shall be conveyed into such feints' receiver or receivers shall be pumped or conveyed directly from thence into the low wines' charger or feints' charger and shall be conveyed directly from such charger or chargers into the low Wines ' still to be re-distilled and the produce of the last mentioned re-distillation and of every other re-distillation shall in like manner be conveyed directly from the safe at the worm end of the LOW wines or spirit still into the spirits' receiver or into the feints'
and that " illicit spirits" shall be deemed and taken to mean spirits
made contrary to this Ac t and upon which the full duty has not been
paid and that the word " premises" shall be construed to mean all the
space included within the wall or paling referred to in the eighth clause of this A c t and that the word " Governor" shall be construed to mean the Governor of this Colony or person for the time being lawfully administering the Government thereof and that the word "Officer" shall
be construed to mean an Inspector of Distilleries appointed by the Governor and that the provisions and enactments of this Ac t shall he
deemed and taken to extend to persons as well in the plural as in the singular number and as well in the feminine as in the masculine gender and to things as well in tin; plural as in the singular number unless there be something in the subject or context repugnant to such construction.
S C H E D U L E S
S C H E D U L E S R E F E R R E D T O . A . Form of Information before Justices of the Peace.
New South "Wales
to wit.
BE it remembered that on the day ot in the year 01 our Lord A . B . Chief Inspector of Distilleries (or Inspector of
Distilleries as the case may be) who is directed by the Chief Inspector of Distilleries to prefer this information gives mc Esquire one of Her Majesty's
Justices of the Peace to understand and be informed that C. D . on the day of
in the year of our Lord (here state the offence)
contrary to the form of the A c t in that ease made and provided whereby the said C. D. hath
forfeited the sum of
B.
Form of Conviction to be used for an Offence against this Act.
New South Wales
to wit.
B E it remembered that on the dav of in the
year of our Lord an information was exhibited by A . B . Chief Inspector of Distilleries (or Inspector of Distilleries as the case may be) before us
Esquires two of Her Majesty's Justices of the Peace of the said Colony against C. D . which
said information charged that the said C. D. on the day of
in the year of our Lord (here state the offence as in the information) contrary to the form of the A c t in such case made and provided which offence has been duly proved before us the said Justices W e do therefore convict the said C. D . of the said offence and do adjudge that the said C. D. hath forfeited for his said offence the sum of
Given under our hands and seals this dav of
in the year of our Lord
Form of Warrant of Commitment to Gaol for a Penalty. c.
New South Wales To A . B . Constable and to E. F. the Gaoler or Keeper of the
to wit. in the
WHEREAS C. D. has been duly convicted before us Esquires two of Her Majesty's Justices of the Peace for the said Colony of having (here state the offence as in the information')
And whereas we the said Justices did adjudge that the said C. D. hath forfeited for
his said offence the sum of and whereas the said sum was not imme
diately paid nor security given to our satisfaction for the due payment thereof These are
therefore to require you the said A . B. forthwith to take carry and convey the said C. D.to the at in the and to deliver him
into the custody of the Gaoler or Keeper of the said and we the said Justices do hereby authorize and require the said E. F. the Gaoler or Keeper of the said
to receive the said C. D. into his custody and him safely to keep for the period of
unless he shall sooner pay the said sum of or otherwise be delivered by due course of law.
Given under our hands and seals at in the
this day of in the year of our Lord D.
Form of Registration of Spirit Store or of Material Store.
New South Wales
Distillery.
Licensed day of A . D .
I Chief Inspector of Distilleries (or other officer appointed by His Excellency the Governor) do hereby register the store at this distillery for the reception of spirits when distilled [or of material to be used in the process of distillation as the case may
be] being a building bounded on the north &c. [here give the inside measurement of the
walls and their height &c. in feet and inches].
Made and registered by me this day of
in the year of our Lord
Witness Chief Inspector of Distilleries.
E.
E
License to distil Spirits.
| No. | Colonial Treasury. |
I do issue this license to to distil spirits at the
Distillery for the term of commencing from the
| day of | in the year | and ending on the | day of |
| in the year | under the regulations of the A c t of Council in such case made |
| and provided. |
And I do hereby acknowledge to have received from the said the sum of
| £ | for this license. |
(Signed)
F.
License to rectify and compound Spirits.
| No. | Colonial Treasury. |
1 do issue this license to to rectify and compound
| spirits at | for the term of | commencing from the |
day of in the year and ending on the
| day of | in the year | under the regulations of the Ac t of Council |
in such case made and provided.
And I do hereby acknowledge to have received from the said the sum of
| £ | for this license. |
(Signed)
0
0
0