Colonial Distillation Act 1852 No 45a (NSW)

No. XLV.

An Act for amending the Law relating to the

Distillation of Spirits. [28th December, 1852.]

WH E R E A S Victor ia n u m b e r twenty-seven Be i t therefore enacted by

it is expedient to amend t h e A c t of Council t h i r t een th

Q—VOL. 4 . be

H i s Excel lency t h e Governor of New South Wales by and wi th	t h e
consent of t he Legislat ive Counci l thereof as follows :—
1. I t shal l be lawful for t h e Colonial Treasurer to g ran t a l icense to distil spir i ts a t t he distil lery known as t he Brisbane	Dist i l lery

a t Sydney no twi th s t and ing t h a t t he premises wi th in which the business of dist i l lat ion is to be carr ied on shall no t be separated by a space of five feet from any other bu i ld ing to t h e west thereof and notwi th­ s tand ing t h a t t h e Chief Inspec tor of Dist i l leries shall no t certify t h a t such space exists in t h a t direction as by t h e e igh th section of t h e said reci ted Act is requi red any th ing in t h e said reci ted Ac t to t h e cont ra ry

thereof no twi ths tand ing .

2. W i t h i n twelve hours after t h e distiller shall have commenced p u m p i n g any wor ts in to t he cooler he or h is servant shall deliver to t h e officer on du ty a declarat ion specifying the n u m b e r of t he back or backs in to which such wor ts shall have been conveyed and the specific gravi ty of such wor ts in such back or backs and t h e quan t i t y thereof t h a t is to say t he n u m b e r of inches no t occupied or wet ted by such worts being t h e space be tween the upper edge on the dipping place of such back or backs and t h e surface of t he worts and if any worts shall

be conveyed in to a n d collected in any ferment ing back or backs in any other m a n n e r t h a n is here in directed or if any u n t r u e declarat ion shal l be given or if such declarat ion shall no t be given as is here in requi red t h e n a n d in each a n d every such case t he distiller shall forfeit

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

3 . I n p repa r ing t h e qua r t e r ly computa t ion requi red by the

seventieth section of the said recited A c t if t h e distil ler shall have mashed fermented or made any wor ts or wash from any m i x t u r e of g ra in or m a l t w i th sugar molasses or t reacle in which m i x t u r e t h e weight of t h e sugar molasses or t reacle shall be equal to or in excess of t h e weight of t he g ra in or ma l t t h e spirits distilled from any such worts or wash shal l for t h e purposes of such computa t ion be deemed to have been produced from worts or wash mashed fermented or m a d e from sugar molasses or t reac le only b u t if in such m i x t u r e t h e weigh t of t h e gra in or ma l t shall be in excess of t he weight of t h e sugar molasses or t reacle t h e spirits distilled from the worts or wash mashed fermented or made therefrom shal l for t h e purposes of such computa­ t ion be deemed to have been produced from worts or wash mashed fermented or m a d e from mal t or gra in only.

4. I n p repa r ing such quar te r ly computa t ion the al lowance of

f ive per c e n t u m shal l be calculated upon t h e quan t i ty of proof spiri t which ought to be produced from t h e mater ia l according to t h e several rates of a t t enua t ion specified in t he sevent ieth section of t he said recited Ac t and no t upon t h e quan t i ty of proof spirit made by the distiller as enacted by such section.