Colonial Spirits Distillation Act 1839 No 10a (NSW)

No. IX.

An Act to consolidate and amend the Laws for the Distillation of Spirits in the Colony of New South Wales and for the issue of Licenses for distilling rectifying and compounding Spirits therein and for repealing certain Laws

relating thereto. [18th September, 1839.]

WH E R E A S an Act passed in t he second year of t h e re ign of presen t Majesty Queen Vic tor ia in t i tu led " An Act to regulate

H e r

" the Distillation of Spirits in the Colony of New South Wales and for

" the issue of Licenses for the distilling rectifying or compounding

" Spirits therein" A n d whereas it is expedient to repeal t he same

and to m a k e fur ther provision to r egu la te t h e disti l lation of spiri ts in t he said Colony and for t h e issue of licenses for disti l l ing rectifying or compound ing spir i ts the re in and to provide for t h e recovery of fines and penal t ies incur red respect ing t h e same Be it therefore enacted

by H i s Excel lency t h e Governor of N e w South W a l e s w i t h t h e advice

of t h e Legis la t ive Council thereof Tha t from and after t h e pass ing of th is A c t t h e said reci ted Act of t he Governor and Council shall he and t h e same is hereby repealed save and except a lways as to offences commit ted and m a t t e r s done before t h e pass ing of th i s Ac t which said

3 . A n d be i t fur ther enacted Tha t i t shall not be lawful for any person except as hereinaf ter excepted to have keep or m a k e use of any still or o ther utensi l for dist i l l ing or rectifying or compound ing spir i ts in t he said Colony of N e w South Wales or i ts Dependencies	w i thou t
offences m a t t e r s and th ings shall be dealt w i th respectively	as if	t h i s

p resen t Ac t h a d no t been passed.

2. A n d be i t enacted Tha t from and after t h e pass ing of t h i s A c t i t shal l no t be lawful for any person except as hereinaf ter excepted to car ry on t h e business of a distiller or a rectifier or compounder of spir i ts or to have keep or m a k e use of any still or other u tens i l for dis t i l l ing of spir i ts or for rect ifying or com­ pound ing of spir i ts save as hereinafter excepted i n any place or p a r t of t h e said Colony of N e w South W a l e s or i t s Dependencies save and except in t h e t o w n of Sydney or in such other towns or places as H i s Excel lency t h e Governor of t h e Colony shall appoint or direct unde r a pena l ty of no t less t h a n one h u n d r e d pounds nor more t h a n

five h u n d r e d pounds to be recovered as hereinafter directed.

wi thou t first hav ing obtained a license for keep ing or us ing t h e same from t h e Governor for t h e t ime being under a pena l ty of not less t h a n one h u n d r e d pounds nor more t h a n five h u n d r e d pounds toge ther w i t h a forfeiture of such sti l l a n d utensi ls to be recovered as hereinafter is directed.

4. A n d be i t enacted Tha t any person wish ing to ob ta in a l icense for t h e purpose of dist i l l ing rectifying or compounding spir i ts shall by memor ia l apply to t h e Governor to direct such license to be g r an t ed a n d t h a t such memor ia l shal l s ta te t h e premises u p o n which such dis t i l l ing rectifying or compounding is to be carried on respec­ t ively.

5. A n d be i t enacted T h a t before any license shall be g ran ted

for t h e dis t i l l ing rectifying or compounding of spir i ts respect ively a d rawing or representa t ion of t he still se t t ing forth i ts shape dimensions a n d propor t ions as well as t he place in which i t is in tended to erect t h e same shall be t r ansmi t t ed to t he Colonial Secretary of t he Colony for t h e approva l of t he Governor Prov ided however t h a t in case t he Governor shall disapprove of t he said still or t he s i tuat ion in which it is proposed to fix t h e same t h e license so applied for shall no t be gran ted .

6. A n d be i t enacted T h a t before any such l icense for the dis t i l la t ion of spir i ts shall be g ran ted t h e person or persons apply ing

for t h e same toge ther w i t h two sufficient suret ies shal l en ter in to a recognizance before t he Colonial Treasurer or other person appointed b y t h e Governor for t h a t purpose payable to H e r Majesty in t h e s u m

of five hund red pounds condit ioned for t h e due and faithful	paymen t
of the full dut ies payable upon all spir i ts m a d e a n d	sold by h i m or
t h e m .

7. A n d be it enacted T h a t such licenses shall be g ran ted for

t h e t e r m of one year and no longer and t h a t the s u m of fifty pounds

s ter l ing money of Grea t Br i t a in for every license g r a n t e d for t he dist i l lat ion of spiri ts and for every license g ran ted for the rectifying or c o m p o u n d i n g of spir i ts t he s u m of twenty-five pounds shall be paid by t h e p a r t y ob ta in ing such license to t h e Colonial Treasurer of t he said Colony or o ther person as aforesaid who upon receiving t h e direc­ t ion of t h e Governor and u p o n t h e execut ion of t h e recognizance hereinbefore ment ioned and upon p a y m e n t of t he said sums respec­ t ively by the said p a r t y or par t ies apply ing for such licenses respec­ t ively is hereby author ized and directed to issue t he same for t he said t e r m of one year and no longer Provided however t h a t no license

shall be g r an t ed to any person or pa r ty for t h e purpose of dist i l l ing

who has no t one still capable of conta in ing a t least five h u n d r e d imperial gal lons no r to any rectifier or compounder of spir i ts who has no t one sti l l capable of con ta in ing a t least one h u n d r e d imper ia l gallons.

8. A n d be it enacted Tha t such license as aforesaid g ran ted u n d e r th is Ac t m a y be renewed annua l ly from year to year upon t h e person or persons so apply ing for such renewal pay ing or caus ing t o be pa id t h e said sums of fifty pounds or twenty-five pounds respect ively Provided however t h a t in case t h e p a r t y or part ies app ly ing for such renewed license shal l have been convicted of any offence aga ins t t h e provisions of t h i s A c t or Ordinance or shall have forfeited t h e said recognizance hereinbefore ment ioned and t h a t t h e same shal l have been estreated for any breach of t h e covenants the re in conta ined i t shall no t be lawful for t he said Colonial Trea­ surer or o the r person appointed as aforesaid to g ran t such renewal of said former license bu t is hereby author ized a n d directed to refuse t h e same unless specially directed to issue such license by t h e Governor .

2 B—VOL. 2. 9.

9. A n d be i t enacted Tha t i t shal l and m a y be lawful for t h e Colonial Treasure r or o t h e r person appointed as aforesaid to issue a l icense free of all charge t o any apothecary chemist or d ruggis t app ly ing for t h e same to keep a n d use on his premises a still of n o t more t h a n eight gal lons con ten t for t h e purposes of h is t r a d e only Provided t h a t every person wish ing to keep such still shall notify his i n t en t ion so to do to t h e Colonial Treasurer or o ther person appointed as aforesaid who shall t h e r e u p o n requ i re such person to give bond w i t h two sufficient suret ies in t h e s u m of two h u n d r e d pounds t h a t he will n o t m a k e use of such sti l l or suffer i t to be m a d e use of except for t h e p repa ra t ion of medicines o r o ther ar t icles requi red bond fide for medical purposes and every such person found to have in his possession any st i l l w i thou t hav ing entered in to such bond and obta ined such license shal l forfeit and pay no t less t h a n one h u n d r e d pounds no r

more t h a n five h u n d r e d pounds .

10. A n d be i t enacted Tha t it shal l no t be lawful for any person

or persons who shal l have obta ined any such licenses as aforesaid for t he dis t i l l ing rect ifying or compound ing of spir i ts or for any o ther person whatsoever to prac t i se follow or use t h e t r ade or business of a brewer of a l e por te r o r b e e r w i th in t he premises so used for t he dis­ t i l l ing rect ifying o r compound ing of spir i ts or on any p a r t thereof n o r on any place o r premises wi th in one hund red ya rds of t h e premises so u s e d for t h e dis t i l l ing rectifying or compound ing of spir i ts u n d e r a

pena l ty of one h u n d r e d pounds .

1 1 . A n d be i t enac ted T h a t a dec lara t ion i n wr i t i ng of t h e

n a m e o r names of t h e p a r t y or par t ies so app ly ing for any such l icense

a s aforesaid and of all o the r persons in teres ted in t h e said t r a d e or

business a s pa r tne r s in t h e same or otherwise shal l be m a d e out b y t h e p a r t y or par t ies app ly ing for any such l icense and delivered to t h e said Colonial Treasurer o r o ther person appointed as aforesaid to b e regis tered by h im.

12.    A n d be it enacted Tha t i t shal l n o t be lawful for any person

who shal l be t h e o w n e r or pa r t Owner or who has any in teres t or share in a l icensed distil lery or in any premises or concerns used for rect ifying or compound ing spir i ts to have or to hold a l icense to re ta i l sp i r i tuous or fermented l iquors and in case any person who shal l have obta ined a l icense for t h e sale of fermented or sp i r i tuous l iquors by re ta i l shall after t h e ob ta in ing of such l icense become t h e owner or p a r t owner or have any share or in teres t in a l icensed dist i l lery or in any premises or concerns used for rectifying or compound ing spir i ts such license so g ran ted for t h e sale of fermented a n d sp i r i tuous l iquors b y re ta i l shal l t h e r e u p o n become and be absolutely void and t h e p a r t y or

par t ies con t inu ing to sell fermented or sp i r i tuous l iquors b y re ta i l

after having become t h e owner or p a r t owner of or after ob ta in ing a n in teres t or share in a l icensed distil lery or in any premises or concerns used for t h e rectifying or compounding of spir i ts may be p rosecu ted a n d convicted as a person selling fermented or sp i r i tuous l iquors b y

re ta i l w i t h o u t a license.

13 . A n d be i t enacted T h a t it shal l no t be lawful for a n y

licensed disti l ler to sell or dispose of a t any one t i m e a less quan t i t y of spir i ts t han fifty gal lons unde r a pena l ty of one h u n d r e d pounds nor for any rectifier or compounder of spir i ts to sell or dispose of a t any o n e t i m e a l e s s q u a n t i t y t h a n two gal lons u n d e r a l ike pena l ty of one hund red pounds .

14.    A n d be it enacted Tha t all stills l icensed for t he dist i l lat ion

of spiri ts s h a l l be erected and placed in houses d is tan t no t less t h a n

th i r ty - two yards f r o m a n y other house a n d t h a t t he premises in which t h e s a i d business s h a l l be carr ied on shal l be sur rounded b y a Avail no t less t h a n t en feet h i g h a n d n o t less t h a n forty-eight feet from t h e

st i l l -house

st i l l -house inclosed the reby and t he r e shall n o t be more t h a n one

en t r ance in to t h e said premises Provided never theless t h a t such stil ls as are l icensed previously to t h e pass ing of th i s Ac t shall no t be affected by t h e provisions of th i s clause as regards t h e dis tance from any other house or from t h e su r round ing wall .

15 . A n d be i t enacted T h a t t he re shall be erected wi th in t h e

walls of every l icensed distil lery a house or s tore in which the spiri ts w h e n dist i l led shall be deposited t h e door or doors of which is or are to be secured by th ree locks to each door t he key of one of which locks is to be k e p t by t he owner of such dist i l lery and the key of one o the r of t h e said locks is to be kep t by t h e Inspec to r of Dist i l leries a n d the key of t h e t h i r d lock by such other officer as m a y be appointed by the Governor for t he purpose of keep ing the same and t h a t it shal l no t be lawful for any person to open t h e said locks or enter in to t he said store or warehouse unless in t h e presence or by the permiss ion of such Inspec to r of Disti l leries and other person so appoin ted as aforesaid.

16. A n d be i t enacted Tha t a pa r t i cu la r descript ion as aforesaid

of t h e said stores or warehouses so bui l t for t he purpose of keep ing a n d deposi t ing of t h e spiri ts when distil led shall be made and regis tered by t h e Inspec to r of Disti l leries a n d t h a t all spir i ts found in any store or place; on t h e said premises except in t he said s tore or warehouse so regis tered as aforesaid shall be forfeited and the owner of such dist i l lery on proof of spir i ts be ing found in any other place or p a r t of t he said premises save t h e store so registered as aforesaid shall be l iable to a pena l ty of for ty shi l l ings for every gal lon of spir i ts so found.

17 . A n d be i t enacted Tha t all stills so licensed are to be set in
s tone or br ick and m o r t a r and locks and keys to t h e heads and cocks

of t h e said sti l ls and to t h e furnace door of such stills shall be provided

a t t h e expense of t h e owner.

18 . A n d be i t enacted Tha t t h e coolers be longing to each
dis t i l lery shal l be screwed down and firmly fastened a t bo th ends in

t h e walls of t h e bu i ld ing and t h a t t h e same shall no t be al tered wi thou t

g iv ing four days not ice thereof to t he Inspec tor of Dist i l ler ies unde r

a pena l ty of t en pounds to be recovered aga ins t the owner or owners

or propr ie tor or propr ie tors of such dist i l lery.

19. A n d be i t enacted Tha t t h e cooler or back used for t h e wor t s in each dist i l lery shall no t be of less content t h a n t h e full cha rge of t h e still used in such distillery unde r a pena l ty of t en pounds a n d t h a t every such cooler and back so found of less content

t h a n aforesaid shal l be seized and forfeited.

20. A n d be i t enacted Tha t i t shal l n o t be lawful for any licensed disti l ler to have or keep upon t h e said premises any worm or worms except one w o r m for each still so l icensed as aforesaid under a pena l ty of t w e n t y pounds for each and every worm exceeding the said n u m b e r so found on t h e same premises Provided however t ha t

n o t h i n g here in conta ined shall p r even t any n u m b e r of w or ms being

k e p t in t h e	store i n which spir i ts w h e n distilled are to be deposited
u n d e r secur i ty of t h ree locks as	aforesaid.

2 1 . A n d be i t enacted Tha t every l icensed distiller rectifier

or compounder shall immedia te ly on ob ta in ing his said license furnish to t he Inspec to r of Dist i l ler ies a r e t u r n in wr i t i ng signed by h i m of t h e sti l l or stills to be used b y h im on t h e said premises so l icensed a n d of t he content or contents thereof respectively and of t h e w o r m or worms coppers va t s keeves backs and other utensi ls to be used the re in which said account so delivered in shall be kep t and regis tered by t h e Inspec tor of Dist i l ler ies and t h a t all stills worms

coppers va t s keeves backs and other u tens i l s found	on t h e said
premises which shall not be s tated and ment ioned in t he said	r e t u r n shall

shall be l iable to be seized by any Inspec to r of Dist i l ler ies Officer of Cus toms or other person appointed as aforesaid and forfeited in

m a n n e r hereinaf ter ment ioned .

22. A n d be i t enacted T h a t all va ts keeves backs a n d o ther

utensi ls used in t h e premises of each dist i l lery shal l be respectively m a r k e d and n u m b e r e d in dis t inct legible a n d durab le charac ters so as

to d is t inguish t h e m t h e one from the o ther .

23 . A n d be i t enacted Tha t i t shal l and m a y be lawful for any

Inspec to r of Disti l leries in t h e said Colony t h e Officers of t h e Customs a n d every o ther person or persons duly author ized by the Governor to enter every house disti l lery sti l l-house ou t -house or place be longing to or m a d e use of by any licensed dist i l ler or rectifier or com­ pounder of spir i ts and to gauge and measu re all stills a n d utensi ls and to gauge and t ake an account of all spir i ts ma l t sugar molasses or other ingred ien t s used in t h e m a k i n g of spiri ts and of all wash wor t s pot ale s ingl ings low wines a n d mater ia l s whatsoever and t h a t any person or persons obs t ruc t ing refusing or p reven t ing t h e admission of such Inspec to r or o ther Officer or Officers shal l be liable to a pena l ty

of n o t less t h a n fifty nor more t h a n two h u n d r e d pounds .

24. A n d be i t enac ted T h a t all and every still and st i l l -heads

worms and all u tens i l s or spir i ts cordials or compounds found in any premises or place shal l be l iable to be seized by any Inspec to r of Dist i l ­ leries Officer of Cus toms or o the r person appointed as aforesaid and forfeited unless t h e owner of the same shal l on t h e requis i t ion of such Inspec to r of Dist i l leries Officer of Cus toms or o ther person as afore­

said p roduce his l icense for us ing and m a k i n g t h e same.

25. A n d be i t enacted T h a t i t shall no t be lawful for any

l icensed distil ler t o commence to distil w i t h o u t hav ing previously

given twenty-four hours not ice of h is i n t en t ion so to commence to an

Inspec to r	of Dist i l ler ies	unde r	a	pena l ty	of one h u n d r e d	pounds
b u t	t h a t	every l icensed	disti l ler shal l	serve a not ice in	wr i t i ng	u p o n

such Inspec to r of Dist i l ler ies of his i n t en t ion to commence distil­

la t ion a t least twenty- four hou r s previous to such commencement a n d also a l ike not ice of his in ten t ion to recommence such dist i l lat ion after

any d iscont inuance thereof unde r a pena l ty of one h u n d r e d pounds .

26. A n d be i t enacted T h a t from a n d after t h e first day of Apr i l in t he year one t housand e ight h u n d r e d a n d forty u p o n all spiri ts m a d e or disti l led in t h e said Colony of New Sou th Wales or i ts Depen­ dencies from gra in whe the r grown wi th in or impor ted in to t h e said Colony or i t s Dependencies or from any art icle t he produce of t he said Colony	or i ts Dependencies the re shal l be levied a n d collected a r a t e or du ty
of five shil l ings for every gal lon imper ia l measure of such spir i ts no t
exceeding t h e s t r eng th of hydromete r proof and in t he same propor­ t ion for spir i ts of grea ter s t r eng th Provided however t h a t un t i l t h e said first day of Apr i l the re shal l be levied and collected a r a t e or du ty of t h ree shil l ings only for every gal lon imper ia l measu re of such spiri ts as aforesaid no t exceeding t h e s t r e n g t h of hyd rome te r proof
and in t h e same propor t ion for spir i ts of grea te r s t r eng th .

27. A n d whereas it is deemed expedient t h a t dist i l lat ion from

sugar a n d all o ther art icles of foreign g rowth (grain excepted) should be prohib i ted as soon as t h e same can be effected w i t h o u t loss to individuals

who m a y have a s tock of such ar t ic les on h a n d Be i t therfore enacted

T h a t from and after t h e first day of Apr i l in t he year one t housand eight hund red and forty i t shall no t be lawful for any disti l ler t o m a k e or distil any spir i ts from sugar molasses or any o the r mater ia ls wha t so­ ever of foreign g rowth or any m i x t u r e thereof (grain alone excepted) and if any distil ler shal l from a n d after t h e said first day of Apr i l aforesaid m a k e or distil spir i ts from sugar molasses or any other mater ia l s whatso­ ever of foreign g rowth or any m i x t u r e thereof (grain excepted) or if any

dist i l ler

distil ler shall brew any wor t or wash wi th in t en t to m a k e or distil spir i ts from any such foreign mater ia l s such distil ler shall forfeit the s u m of five h u n d r e d pounds and all such wor t wash and spiri ts shall be forfeited and m a y be seized by any Inspec to r of Disti l leries or officer of Cus toms duly au thor ized in t h a t behalf Provided however t h a t u n t i l t h e said first day of Apr i l upon all spiri ts m a d e a n d distil led in said Colony from any ar t ic le not be ing t h e growth or produce of said Colony or i ts Dependencies (except ing grain) t he r e shal l be levied a r a t e or d u t y of four shi l l ings and sixpence for every gallon imper ia l measure of such spir i ts no t exceeding the s t reng th of hydromete r proof and so in

p ropor t ion for spir i ts of greater s t r eng th .

28. A n d whereas i t is no t expedient t h a t any fresh licenses for t h e dist i l l ing rectifying or compounding of spir i ts should be g ran ted under th i s Ac t before t he said first day of Apr i l one t housand eight hund red and forty Be i t therefore enacted Tha t un t i l t h e said first day of Apr i l no license for t h e purpose of dist i l l ing rectifying or com­ pound ing spir i ts shall be g ran ted to any person whatever except to such persons as now hold licenses and who shall be ent i t led to the

a n n u a l renewal thereof.

29. A n d whereas it is expedient and necessary for t he prevent ion of fraud to ascer ta in t he quan t i t y of spiri ts m a d e and distilled from sugar or other foreign ar t ic le u p to t h e said first day of Apr i l a n d which shall no t have paid du ty on or before t h a t day Be it therefore enacted Tha t every licensed dist i l ler shal l on demand made b y any Inspec to r of Disti l leries or Officer of Cus toms give and r e t u r n an exact account of t he quan t i t y of spir i ts disti l led from sugar or o ther foreign mater ia l wh ich he shall on t h e said first day of Apr i l one t h o u s a n d eight h u n d r e d and forty have in his possession or in any bonded store w i t h o u t hav ing paid t h e du ty the reon a n d if any distiller shall on demand made as aforesaid refuse or neglect to give such r e t u r n or shall give a false r e tu rn of t h e same such distil ler shall forfeit t he

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

30. A n d be it enacted Tha t all spir i ts made or distilled from sugar or o ther foreign art icle (grain excepted) and u p o n which t h e du ty aforesaid shall n o t be ac tual ly paid before t h e said first day of Apr i l one thousand e ight h u n d r e d and forty t h e same shall be liable to t he same du ty as is now payable and levied on spir i ts t h e p roduce and manufac tu re of t h e Un i t ed K i n g d o m or of H e r Majesty 's P l an ta t ions

in t h e W e s t Ind ies impor ted directly from t h e Un i t ed K i n g d o m in to

t h e said Colony of N e w South W a l e s or i t s Dependencies .

3 1 . A n d be it enacted Tha t every licensed distil ler wi th in

t h e said Colony and its Dependencies shall be charged for so many- gallons as each and every sti l l which he m a y have kep t or made use of for t h e dis t i l l ing of spir i ts shall be found capable of p roduc ing from t h e grea tes t n u m b e r of charges t h a t can be worked off in twen ty- eight days which n u m b e r of charges shall be ascer ta ined in such m a n n e r as t h e Governor shal l direct Provided however t h a t i t shall be lawful for t he Governor a t any t i m e and in any case if he shall see fit to order and direct t h a t t h e respective ra tes of dut ies as aforesaid

shal l be charged at and after t h e r a t e of t h e ac tual quan t i t y produced

and such dut ies shall t he reupon be levied and collected accordingly.

32. A n d be i t enacted T h a t t h e said dut ies so chargeable

as aforesaid on spir i ts disti l led wi th in t he Colony of N e w South W a l e s and i ts Dependencies shall be pa id to t h e Colonial Treasurer of t he said Colony or to such o ther person or persons as t h e Governor shall appoin t to receive t h e same who shall g r a n t a certificate of such

p a y m e n t to t h e p a r t y pay ing the same.

33 . A n d be it enacted Tha t i t shall no t be lawful to send or

t ake or remove any spir i ts out of t he premises of any licensed

distil ler

dist i l ler w i t h o u t hav ing a pe rmi t to remove t h e same signed by an Inspec tor of Dist i l leries or other officer to be appointed by t h e Governor for such purpose such pe rmi t to conta in t h e dist i l ler 's

n a m e and place from whence t h e spir i ts a re to be removed t h e vessel

or vessels in which t h e said spir i t is conta ined and t h e quan t i t y of spiri ts conta ined in each and every such vessel or vessels a n d t h e n a m e and residence of t h e person or persons to w h o m such spir i ts a re to be sent and forwarded and such pe rmi t shal l also specify t h e t ime or dura t ion such pe rmi t is to be in force Provided t h a t such pe rmi t shal l no t be g ran ted by the Inspec to r of Disti l leries or o ther officer appoin ted as aforesaid for t h e removal of any spir i ts which shal l n o t have been previously lodged and deposited in t h e regis tered stores hereinbefore ment ioned and provided t h a t a t t h e t ime such

pe rmi t is requi red the disti l ler or o ther person requ i r ing such pe rmi t

shal l p roduce to such Inspec to r of Dist i l ler ies or o ther officer afore­ said t he certificate of t h e said Colonial Treasurer or o ther person appoin ted as aforesaid t h a t t h e d u t y u p o n such spir i ts in tended to be removed has been duly paid.

3 1 . A n d be it enacted Tha t all spir i ts removed wi thou t such

pe rmi t as aforesaid or after t h e t ime l imited in such pe rmi t shal l have expi red shal l be seized and forfeited toge ther wi th t h e cask or casks in which the same shal l be conta ined a n d t h e cars car ts drays or o ther conveyances and the horses or o ther an imals employed in

r emov ing t h e same.

i 35 . A n d be it enacted T h a t every person w ho shall give offer

or promise to give any br ibe recompense or r eward or m a k e any collusive ag reement w i th any such officer as aforesaid to induce h i m in any way to neglect his du ty or t o conceal or connive a t a n y act whereby any of t h e provisions of th i s Act m a y be evaded every such person shal l

w h e t h e r t h e offer be accepted or performed or not forfeit t h e sum of

two h u n d r e d pounds .

36. A n d be i t enacted Tha t i t shall be lawful for any Officer of H e r Majes ty ' s Cus toms wi th in t he said Colony and for any Inspec to r of Dist i l leries and any other person or persons appointed by t h e Governor for t h a t purpose to seize all or any spir i ts wi th in t h e said Colony and i ts Dependencies on which t h e full a m o u n t of duty chargeable the reon has no t been paid a n d tha t such spir i ts so seized shall be deemed to be condemned and may be sold unless the owner thereof shall claim t h e same wi th in one m o n t h after such spir i ts

shal l be so se izedandgive satisfactory evidence t o t h e C o u r t or t he Jus t ices
of t h e Peace before w h o m such claim shal l be enquired in to t h a t t h e d u t y
to which the said spir i ts so seized was chargeable h a d been fully pa id

and satisfied before t h e same had been so seized as aforesaid.

37. A n d be i t enacted Tha t i t shall be lawful for any Officer of H e r Majes ty ' s Cus toms wi th in t h e said Colony or for t h e Inspec to r of

Dist i l ler ies or person or persons appoin ted for t h a t purpose by t h e Governor to en te r in to and upon t h e premises of any l icensed distil ler rectifier or compounder of spiri ts to search for and seize any spir i ts the reon found t h e d u t y on which has n o t been paid.

38. A n d be it enacted Tha t it shal l and may be lawful for any such Officer of t h e Cus toms Inspec to r of Disti l leries or any other person or persons au thor ized by t h e Governor as aforesaid h a v i n g reasonable g rounds to believe t ha t spir i ts upon which the d u t y has n o t been pa id are k e p t or concealed in any house or place in t he said Colony or i ts Dependencies to en te r in to such house or p lace in t h e day- t ime wi th wri t of assistance and accompanied by a peace officer and search for and seize any such spir i ts found there in and to deposit t h e same un t i l claimed or sold in the Queen ' s Warehouse a t t he Cus tom H o u s e or o ther place appoin ted by theGovernor for t h a t purpose.

39. A n d be i t enacted Tha t no th ing in th i s Ac t conta ined

shal l p reven t t he m a k e r of wine from grapes t he p roduce of his own v ineyard in the Colony aforesaid or i ts Dependencies from keeping a n d us ing one still of no t more t h a n fifty nor less t h a n twenty-five

gal lons conten t for t he purpose of dist i l l ing b randy from such wine;

or t h e lees of such wine for his own consumpt ion Provided he ob ta in for such still a license from t h e Colonial Treasurer or o ther person appoin ted as aforesaid which license shall be g ran ted only on a certificate signed by two Magis t r a t e s t h a t t h e person r equ i r ing t h e still has in cul t ivat ion and bear ing a v ineyard of a t least two acres in content A n d provided also t h a t every person wishing to keep such sti l l shall notify his in ten t ion so to do to t h e Colonial Treasurer or other person appoin ted as aforesaid who shall there­ u p o n requ i re such person to give bond wi th two sufficient suret ies in t h e s u m of two h u n d r e d pounds t h a t he will no t sell or dispose of any spir i ts so disti l led and every such person found to have in his possession a n y still w i t h o u t hav ing entered in to such bond and obtained such

license shall forfeit and pay no t less t h a n one h u n d r e d pounds nor

more t h a n five h u n d r e d pounds .

40. A n d be it enacted Tha t all claims for spiri ts or other p roper ty seized as forfeited unde r th i s Act shall be lodged wi th in one m o n t h after t h e seizure shal l be m a d e wi th t h e Colonial Treasurer or such o ther officer as shall be appoin ted by t h e Governor for t h a t purpose and whose appo in tmen t shal l be notified in t h e Government Gazette.

4 1 .    A n d be i t enacted Tha t all spir i ts and other p roper ty seized

u n d e r t h e provisions of th i s A c t shal l be considered as condemned

unless c laimed wi th in one m o n t h after t h e same shall be seized	and
shal l be sold by publ ic	auc t ion .

42 . A n d be i t enacted Tha t all persons deal ing in t h e sale or purchase of Colonial and Fo re ign spiri ts shall and do keep t h e same respectively in separa te and dist inct cellars or stores a n d shall m a r k in whi te pa in t on each cask or vessel conta in ing each respectively t he k ind or qua l i ty of spir i ts the re in contained and t h a t they shal l no t m i x t h e said spir i ts one w i t h t he other u n d e r a pena l ty of one h u n d r e d pounds and all such spiri ts mixed or sold cont ra ry to t h e in ten t and m e a n i n g of th i s Ac t together wi th t he casks and packages con ta in ing t h e same shal l also be forfeited and lost a n d shall and m a y be seized

by t h e Inspec to r of Dist i l ler ies or o ther officer as aforesaid.

4 3 . A n d be i t enacted Tha t every person who shall sell or

spir i ts or spir i ts p a r t of which is illicit shall be l iable to a pena l ty of one	dispose of or who shal l offer to sell or dispose of any quan t i t y of illicit
hund red pounds and t h a t every person who shall knowing ly pu rchase any such spir i ts shal l be l iable to a s imilar pena l ty of one hundred pounds toge ther w i th t h e forfeiture of t he said spir i ts so purchased .

44. A n d be i t enacted T h a t all fines forfeitures a n d penal t ies

imposed by th is Ac t m a y be recovered before any two or more Jus t ices of t h e Peace or t h e J u d g e s of t he Supreme Cour t or in t h e Cour t of Vice Admi ra l t y of t h e said Colony a t the ins tance of a n y Inspec tor of Dist i l ler ies or any superior Officer of Cus toms and t h a t act ions for recovery of t he same shal l and may be ins t i tu ted in t h e n a m e of some

super ior Officer of t h e Cus toms of t h e said Colony or of H e r Majes ty ' s

A t t o r n e y Genera l for t he said Colony or Inspec to r of Dist i l ler ies and t h a t if a ques t ion should arise whe ther any person is an Officer of t he Cus toms or Inspec to r of Disti l leries as aforesaid vird voce evidence m a y be given of such fact and shall be deemed legal a n d sufficient evidence.

45 . A n d be it enacted Tha t if any spirits or o ther p roper ty shall
be seized for n o n - p a y m e n t of t he duties of such spiri ts or any o ther

cause of forfeiture and any dispute shall arise whe the r t h e dut ies have

been

b e e n paid for t h e same t h e proof thereof shal l be on t h e owner or

claimer and no t on t h e officer who shal l seize and stop t h e same.

46. A n d be i t enacted Tha t no c l a i m to a n y s p i r i t s or o ther

p r o p e r t y s e i z e d u n d e r th i s A c t a n d r e t u r n e d in to a n y of H e r Majesty 's

Cour t s for a d j u d i c a t i o n shall be admi t t ed and t h a t no a p p e a r a n c e shall

he pe rmi t t ed	to be	entered	to any i n f o r m a t i o n	filed	for t he	f o r f e i t u r e
of any	s p i r i t s	or	o ther p r o p e r t y	seized for	any cause of f o r f e i t u r e	u n d e r

th i s Ac t u n l e s s such claim or appearance is entered in t he n a m e of

t h e o w n e r or owners p r o p r i e t o r or propr ie tors of such spir i ts or o ther

p r o p e r t y so seized describing t he place of residence and the b u s i n e s s

or p r o f e s s i o n of such person or persons and if such person or persons

shall r e s i d e in Sydney or w i th in twen ty miles thereof oa th shall be

m a d e b e f o r e o n e of t he J u d g e s of t h e Cour t in which such i n f o r m a t i o n

is filed or before one of t h e Jus t i ces of t he Bench of Mag i s t r a t e s b e f o r e

w h o m	a n y c a u s e	of	f o r f e i t u r e	shall	be	t r i e d	for spir i ts	or	other
p r o p e r t y	seized	as	fo r f e i t ed	u n d e r	th i s Act	t h a t t he	s p i r i t s	or	o t h e r

p r o p e r t y so se ized was or were real ly a n d t r u l y t h e p r o p e r t y of h i m

her or t h e m at t h e t i m e of such s e i z u r e b u t if such p e r s o n or persons

shal l n o t be r e s i d e n t in t he said t o w n of Sydney or w i t h i n t w e n t y

miles thereof t h e n a n d in such case such oa th shall be m a d e in likes m a n n e r b y t h e agen t a t to rney or solicitor b y w h o m snch appearance-

shall be entered t h a t he has full p o w e r a n d legal a u t h o r i t y a n d

d i r e c t i o n s from such o w n e r or p r o p r i e t o r to en te r such appearance and

to t he best of h i s knowledge a n d belief such spir i ts or o ther p r o p e r t y

w e r e a t t h e t ime of t h e seizure thereof bond fide t h e real p roper ty of

t h e p a r t y in whose n a m e such appearance is en te red a n d on fai lure;

t h e r e o f t h e s p i r i t s a n d o t h e r p roper ty shall be a b s o l u t e l y eondemneel

a n d j u d g m e n t be e n t e r e d t h e r e o n b y d e f a u l t according to t h e usua l

m e t h o d of p r o c e e d i n g s of t h e Cour t in t h e same m a n n e r as if no

appearance had been entered the re to a n d every person who shall be

c o n v i c t e d of m a k i n g or t a k i n g a fa l se oa th to any of t he facts herein­

b e f o r e d i r e c t e d or r e q u i r e d to be s w o r n to shall be d e e m e d to be g u i l t y

of p e r j u r y and shall be l iable to t h e pa ins and penal t ies t o w h i c h

persons a re l i a b l e for wilful a n d cor rup t p e r j u r y .

47.    A n d be i t enacted Tha t upon t h e e n t r y of a n y claim to any

s p i r i t s or o ther p r o p e r t y se ized for any c a u s e of f o r f e i t u r e or of any

a p p e a r a n c e to any i n f o r m a t i o n filed for such f o r f e i t u r e t h e person or

persons AVIIO shal l en ter such claim or appearance if such c la imant

shal l reside Avithin t h e Colony shall be b o u n d b y a recognizance (to be
entered in to before one of t h e J u d g e s of t h e Supreme Court or Jus t i ces

of t h e Peace b e f o r e Avhom t h e said cause or m a t t e r is to be e n q u i r e d

into) wi th tAA'o sufficient suret ies i n t h e p e n a l t y of o n e h u n d r e d
p o u n d s t o ansAver a n d pay the costs occasioned b y such claim or

appearance and if t h e owner or p r o p r i e t o r shal l no t reside w i t h i n

t h e said Colony t h e n and in such case t he agen t a t t o r n e y o r solicitor

b y Avhose d i r e c t i o n s such claim or a p p e a r a n c e shall be e n t e r e d shal l

in	l ike	m a n n e r	b e b o u n d Avith tAVO suff ic ient	suret ies in l ike	pena l ty
to pay t h e costs	o c c a s i o n e d	b y such	c l a i m	or	appearance .

48 . A n d be i t enac ted Tha t in case of any informat ion or

proceeding u n d e r th i s Ac t or any A c t r e l a t i n g to t he Excise t he aver-

m e n t t h a t t h e p e r s o n o r p e r s o n s p r o s e c u t i n g such i n f o r m a t i o n or pro­ ceeding i s a n Inspec tor of Disti l leries or a superior Officer of t h e Cus toms shall be sufficient proof of the a p p o i n t m e n t of such Inspec tor

of Dist i l leries o r a s u p e r i o r Officer of t h e Cus toms w i t h o u t proof of

t h e a p p o i n t m e n t of such Inspec to r of Dist i l ler ies or Officer of t h e

Cus toms u n l e s s t h e d e f e n d a n t shal l in such case prove to t h e cont rary .

49. A n d b e i t e n a c t e d Tha t all p e r s o n s employed for the p r e ­

vent ion of smugg l ing b y t h e d i r e c t i o n of t he Governor of t h e Colony o r b y any Officer of t h e Customs shall be deemed a n d t a k e n to be

duly

duly employed for t h e prevent ion of smuggl ing and t h e ave rmen t in any informat ion or proceeding t h a t such person was so duly employed shal l be sufficient proof thereof unless t he defendant in such case

shal l prove to t h e cont ra ry .

50. A n d be i t enacted Tha t any Inspec to r of Dist i l ler ies and

every Officer of t he Cus toms a n d every person ac t ing in his or the i r aid or assistance shall be deemed a competent witness upon t h e t r i a l of any sui t or informat ion on account of any seizure or pena l ty as aforesaid no twi th s t and ing such Inspec to r of Dist i l leries Officer of Cus toms or other person m a y be ent i t led to t h e whole or any p a r t of such seizure or penal ty or to any reward upon convict ion of t he pa r ty cha rged in such suit or information.

5 1 . A n d be i t enacted Tha t no Inspec tor of Disti l leries no r any

o ther person duly employed to ca r ry in to effect t he provisions of th i s A c t shal l be l iable to serve on any j u r y or inques t or in any parochia l or other office w h i l s t he is so employed any law usage or cus tom to

t h e cont ra ry no twi ths tand ing .

52. A n d be i t enacted T h a t every informat ion for any pena l ty

or forfeiture u n d e r th is Ac t and every conviction or w a r r a n t of com­ m i t m e n t for any pena l ty shall be deemed valid and sufficient in which t h e offence for which such pena l ty shall be inflicted or t h e cause of forfeiture is set forth in t he words of th i s Act .

53 . A n d be i t enacted T h a t if i n any sui t or act ion b rough t

before t he J u d g e s of t he said Supreme Cour t or any two or more Jus t i ces of t h e Peace as aforesaid for t h e recovery of any fines or penal t ies imposed by th is A c t t h e p a r t y or par t ies shal l be convicted a n d sentenced to pay such fine i t shal l be lawful for t he said Cour t or Jus t i ces to award and sentence t h e said p a r t y or par t ies to be imprisoned for t h e period of not less t h a n th ree m o n t h s no r exceeding twelve

m o n t h s in case t h e said fine or penal t ies shall no t be pa id wi th in a

t i m e to be l imited by t h e said Cour t or Jus t ices .

5 1 . A n d be i t enacted Tha t i t shall and m a y be lawful for t h e

said Governor to m a k e such ru les and regula t ions as h e m a y t h i n k necessary to ca r ry t h e provisions of th i s A c t in to effect and to appoin t such officers and other persons for t h a t purpose as he m a y deem fit

a n d proper .

55. A n d be i t enacted Tha t no wr i t shall be sued ou t n o r a copy of any process served u p o n any Officer of t h e Cus toms or any In spec to r of Disti l leries or o the r person or persons so appoin ted b y t h e Governor as aforesaid for any t h i n g done in t he exercise of his

office u n t i l one calendar m o n t h after not ice in wr i t ing shal l have

been delivered to h i m or left a t his u sua l place of abode by t h e a t torney or agen t to t h e p a r t y who in tends to sue ou t such wr i t or

process in which not ice shall be clearly and explici t ly conta ined	t h e
cause of ac t ion t h e n a m e and place of abode of t h e person who is	to

b r i ng such act ion a n d t h e n a m e and place of abode of t h e a t to rney or agen t and no evidence of t h e cause of such act ion shal l be produced except of such as shal l be conta ined in such not ice a n d no verdict shal l be given for t h e plaintiff unless he shall prove on t h e t r i a l t h a t such not ice was given and in default of such proof t h e defendant shall receive in such act ion a verdict and costs.

56. A n d be i t enacted T h a t every such action shall be b rough t

wi th in th ree calendar m o n t h s after t h e cause thereof and t h e defendant

m a y p lead t h e general issue and give t he special m a t t e r in evidence

and if t h e plaintiff shall become nonsui ted or shall d iscont inue t h e

act ion or if u p o n a verdict or demur re r j u d g m e n t shal l be given against t he plaintiff t h e defendant shal l receive t reble costs a n d have remedy of t h e plaintiff as any defendant can have in o ther cases where costs a re given by law.

2 c—VOL. 2. 57 .

57. A n d be i t enacted Tha t in case any informat ion or sui t

shal l be b rough t to t r ia l on account of any seizure m a d e unde r th i s

A c t and a verdic t shal l be found for t h e c la imant thereof and t h e

J u d g e s or Cour t before whom t h e cause shall have been t r i ed shal l

certify u p o n t h e record t h a t t he re was probable cause of seizure t h e c la imant shal l no t be ent i t led to any costs of sui t no r shall t h e person who m a d e such seizure be l iable to any act ion ind ic tment or o ther sui t or prosecut ion on account of such seizure and if any ac t ion ind ic tmen t or o ther suit or prosecut ion shal l be b r o u g h t to t r ia l against any person on account of such seizure where in a verdict shal l be given agains t such defendant t h e plaintiff besides t h e t h i n g s seized or t h e value thereof shal l no t be ent i t led to more t h a n two-pence; damages nor to any cost of sui t no r shal l t h e defendant in such prosecut ion be

fined more t h a n one shil l ing.

58 . A n d be i t enacted T h a t i t shal l be lawful for such officer or

o ther person or persons as aforesaid wi th in one calendar m o n t h after

such not ice to t ender amends to t h e p a r t y compla in ing or his agent a n d to plead such t ender in ba r to any act ion toge ther w i th other pleas and if t he j u r y shall find t h e amends sufficient t hey shall give a verdict for t h e defendant a n d in such case or in case t h e plaintiff shal l become nonsui ted or discont inue his act ion or j u d g m e n t shall be given for t h e defendant u p o n demur re r t h e n such defendant shall be ent i t led to l ike costs as h e would have been ent i t led to in case he h a d pleaded t h e general issue only Provided always t h a t i t shal l be lawful for such defendant by leave of t h e Cour t where such action shall be b rough t a t any t i m e before issue joined to pay money in to Cour t as in other cases.

59. A n d be i t enacted T h a t in any such act ion if t h e J u d g e or

Cour t before w h o m such act ion shal l be t r i ed shall certify upon the record t h a t t he defendant or defendants in such act ion acted upon probable cause t h e n t h e plaintiff in such act ion shall n o t be ent i t led to more t h a n two-pence damages nor to any costs of suit .

60. A n d be i t enacted T h a t all fines and penal t ies and for­ fei tures recovered unde r th i s Ac t shal l be paid to t he said Colonial T reasu re r and shall be divided paid and appl ied as follows ( tha t is t o say) after deduc t ing t h e charges of prosecut ion from t h e pro­ ceeds thereof one- thi rd p a r t of t he ne t t p roduce thereof shall be set apa r t or a l lot ted for t h e use of H e r Majesty H e r He i r s and Succes­ sors to be appl ied to t h e publ ic uses of t h e said Colony one- th i rd pa r t thereof shal l be paid to t h e informer a n d one- th i rd pa r t thereof to t h e person who shal l sue for t he same where such fines penal t ies	and forfeitures are recovered in consequence of informat ion be ing
given to t h e seizing officer and w h e n t h e said fines penal t ies a n d for­
fei tures are otherwise recovered t h e same are to be paid as follows ( tha t is to say) t he one moie ty or half of t he ne t t produce thereof as aforesaid to be paid to t h e said Colonial Treasurer for t h e use of H e r
Majesty H e r H e i r s and Successors to be applied to t h e publ ic use of
t h e Colony and t h e o ther moie ty or half t o be pa id to t h e seizing
officer or person su ing for t h e said pena l ty .

6 1 . A n d be i t enacted Tha t act ions or sui ts for t h e recovery of

any of t h e penal t ies or forfeitures imposed by th i s Ac t m a y be com­

menced a n d prosecuted at any t ime wi th in one year after t he offence; commit ted by reason whereof such pena l ty or forfeiture shal l be incurred .

62. A n d be i t enacted Tha t no decree or sentence of any of t h e said Cour ts t o u c h i n g any forfeiture or pena l ty imposed by th is Act shall be suspended or s tayed unless an inhibi t ion in due course of law shall be obta ined and served upon t h e p a r t y or par t ies in tended to be res t ra ined thereby wi th in eighteen mon ths from t h e t ime when such decree or sentence was pronounced .

G3. A n d be i t enacted Tha t th is A c t shall commence a n d t a k e

effect from and after t h e pass ing thereof.

64. A n d be i t enac ted Tha t t h e produce of all r a tes a n d duties

imposed and m a d e payable in v i r tue of th i s A c t shall be pa id to t h e

use of H e r Majesty H e r	H e i r s and Successors for t he publ ic uses of
t he said Colony and in suppor t of t h e Government thereof a n d	shal l

be applied in such m a n n e r and to such purposes as t h e said Governor with t h e advice and consent of t he said Legislat ive Council shall by any L a w or Ordinance appoint .

65. A n d whereas by an Ac t of t h e Governor and Council passed

in t h e e leventh year of t h e re ign of his la te Majesty K i n g George t he

F o u r t h in t i tu led " An Act for confirming certain Hates and Duties

" heretofore levied and collected in the Colony and for continuing

" the like Hates and Duties until further provision shall be made" cer ta in ra tes and dut ies were author ized to be levied and collected Be i t hereby enacted Tha t so m u c h of t he said las t reci ted Act as re la tes to t he dut ies on spiri ts distilled in t h e said Colony be and the same is hereby repealed.