Distillation Act 1851 (SA)

ANNO DECIMO QUINTO

V ICTORIB R E G I N B.

No. 6.

An Act to regulate Internal Distillation in the Proudnce of South

Australia.

[November 22nd, 1851.1

LEAS it is expedient to facilitate distillation within the

au Ordinance of thc Governor and Conncil, passed in the Fifth 'WHEP Province of South Australia, and for that purpose to repeal

Year of Her Majesty's Reign, intituled " An Act to regulate Inter- nal Distillation in the Province of South Australia :"

Be it therefore Enacted by llis Excellency the Lieutenant- k?,t.of 5th

Governor of South Australia, with the advice and consent of the Legislative Council thereof, That fkom and after the commence- ment hereof the before recited Act or Ordinancc shall be, and the same is hereby repealed.

2. And be it Enacted, That from and after the commencement of 2 ;; ~; ; P, ~ s ~ ~ ~

this Act it shall not bc lawfid for any person to carry on the distiller, rectifier, or

business of a distiller, or a rectifier, or coinpounder of spirits, or to ~ ~ ~ ~ ~ f; ; ~ ~; ;

have, keep, or make me of any still, or other utensil, for distang Adelaide, or in such

of spirits, or for rectifying or compounding of spirits, in any place ~: h ~ ~ $ ' ~ ~ p $ ~ ~ ~ ~

or part of the said Province, or its dependencies, save and except by the Lieutenant- Go~esnor under a

in the City of Adelaide, or in such other Towns or places as the penalty o;

S l O O

Lieutenant- overn nor for the time bcing shall appoint or direct, to ~ 5 0 0.

under a penalty of not less than One Hundred nor more than Five

Hundred Pounds to be recovered as hereinafter directed.

H 3. And

Distillers to obtain a

licence.	3. And be it Enacted, That it shall not be lawful for any person to have, or keep, or make use of any still, or other utensil, for dis- tilling, or rectifying, or compounding spirits, in the Province afore- said, or its dependencies, without first having obtained a licence for keeping or using the same from the Bench of Magistrates, in the form as near as may be of the Schedule hereto annexed, under a penalty of not less thau One Hundred Pounds nor more than Five Hundred Pounds, toqether with a forfeiture of such still and utensils, to be recovered 'as hereinafter directed.
Bench of Magistrates
to rcvoke liccnccs, &c.	4. And be it Enacted, That it shall hc lawful for the Bench of Magistrates, at their quarterly nieetinq, with the concurrence of the Lieutenant-Governor for the time by any order under the hand of the Chairman of such Bench of'Magistrates, to revoke any licence so granted; and that, after a copy of such order shall have been delivered to any such licensed person, or to his clerk, or left at his usual place of abode or busincss, such licence shall be void,
Licence how granted.	5. And be it Enacted, That any persou wislling to obtain a licence for the purpose of distilling. rectifying, or compounding of spirits, shall, by meniorial, apply to the Bench of Magistrates at, the quarterly rneetiug for granting licences held in Adelaide, indi- cating the place where such distillery, or premises for the rectifying or coinpoulzdiug of spirits, is or sl~all be erected, and furnishing plans and specifications of the said premibes and still for which such licence is desired, having first given sixty days' notice of his intention to make such applications to the Inspector of Distilleries.
Names of partners to	6. And be it Enacted, That a declaration, in writing, of the name or names of the party or parties so applying for any such licence as aforesaid, and of all other persons interested in the said trade or busincss, as partners in the same or otherwise, shall bc made out by the party or partics applying for any such licence, and delivered to the Inspector of Distilleries, or other proper officer as aforesaid, to be registered.
be registered.

Rcco~izance to Her

Majcsty before licence 7. And be it Enacted, That before any licence for the distillation,

issued to account, &C. rectifying, or compounding of spirits shall be granted, the person or

persons applying for the same, togetlier wit11 two s~~fficieiit	sureties,
shall enter into a recognizance payable to Her Majesty iu	the sum

of Two Thousand Five Hundred Pounds. conditioiied ihat all sr~irits.

p i n, sugar, gapes, or other material for kxtif7ing, coiiipound61g, 0;

distilling, deposited on the said premises, slla1.1 be used for that pur-

pose urdcr inspection of the proper officers, or otherwise duly ac-

counted for to the satisfaction of the Illspector of Distilleries or other

proper officer, and that all spirits so distilled, rectified, or compoun-

ded, and also all other spirits that may be thercin deposited without

payment of duty, shall be stored in the said premises in such man-

ner as the said Inspector or other proper ofher shall direct, and

shall

shall not be thence delivered until due entry thereof be made and war-

rants granted by the Inspector of Distilleries or othcr proper officer

for the removal of the same either for exportation, home consu~up-

tion, or for varelmusin~ in m y bonded warehouse, as tlie case niay

be: And further conditiorlecl for the clue observailce of the prcwisions

of tl~ia Act, and of any Act relating to the Customs in force at tlie

time being.

8. And be it Enacted, That there shall be witliin the walls of every S~WCS for spirits1

licensed distillery, or irernises for the rectifying or c~rn~~ouncl i@~ the same; and it shall not be lawful for auy person to open tlie said locks, or enter into the said house, store, or premises, unless in the presence or by the yemission of such Inspector of Distilleries or other proper officer so appointed as aforesaid; and any person who shall open the said locks, or enter into t8bc said house, store, or p r e ~ ~ l i ~ &, otlrenvise than in the presence, or with the permission of such Inspector of Distilleries or other proper officer so appointed as aforesaid, shall be liable, ou col~viction thereof, to forfeit and pay a penalty of One Huidred Pounds: Bud there shall be provided within thc walls of every such premises as aforesaid, convenient offices for the accommodation of tlic Inspector of Distilleries and his subordinates.

spirits ss aforesaid, a house or store built of stone or Wrk, in which

the spirits, when distilled, rectified, or coilipounded, shall be deposited

without payment of duty, the door, or every door of which, if' more

than one, shall be secured by two locks to oaeh door, the key of one

of such locks on each door shall he kept by the owner of s~lcll dis-

tillery, and the key of the other of the said locks shall be kept by

the Inspector of Distilleries or other proper officer appointed by tlie

9. And be it Enacted, That a particular description of the said stores or warehouses so built for the purpose of keeping and clepositinq of the spirits when distilled, shall be made aadregis- tered by the inspector of Distilleries or other proper officer; and all	Store to be registered,
immediately be secured in proper casks or packages, and deposited	spirits distilled, rectified, or compounded on the said premises, shall	in the said store in charge of the said Inspector of I)istilleries or other proper officer, who shall ascertaiu the contents, ancl cause the same to be marked upon the casks or other packages, and s l d take an account thereof in a book to he kept for that purpose; and that all spirits found in any store or place on the said premises, except in the said store or marchouse so registered as aforesaid, sllall be forfeited, and the owner of such distihry, on proof of spirits being found in any place or part of the said premises sa'vc the store so registered as aforesaid, shall be liable to a penalty of Forty Shillings for every gallon of spirits so found.
10. -4nd be it Ihacted, That every distillery or premises for the reetif6ng or compounding of spirits so licensed, shall be n bonded warehouse for tlie warehousing of spirits and of materials for the making and compounding of spirits without payment of duty, uud	be bonded warehousesa
irensed hstilleries tb

shall

shall be proclaimed as such in thc manner directed in the fifty-fourth

Section of Ordinance No. 16 of 1846.

Wnreliousing spirits	11. Alid be it Ennctcd, That all spirits and m,zterinls for the making and compounding of spirits so warehoused shall be stored in such parts or divisions of the warehouse and in such rnariner as the Inspector of Distilleries or other proper officer shall direct, a id if the occupier of the warehouse shall omit so to stow the same, he shall, for every such omission, forfeit the sum of Five Pouncls, and the warelbouse sllall he locked and sccured in such manner, and slldl be opened and visited only at such times and in the presence of such oificers, and under such rules and regulations as the Inspector of Distilleries or other proper officer shall direct, and that all such spirits or materials for the malcing and compounding of spirits as aforesaid sllall so soon as distilled, rectified, or com- pounded, be removed to the warehouse, or shall, after taken out of the warehouse, be carried to be shipped or rewarehoused under such rules a d regulations as the Inspector of Distilleries or other proper oficer shall appoint.
and materials, &c.
Duty on spirits made

from articles the pro- 12. And be it Hnactcd, That the duty on spirits distilled from

duce of south AUS- corn or other articles, the produce of 'South-Australia, shall hc

trnlia twenty-five per twenty-five per cent. less than the duty levied on inlported spirits;	cent. less than on
spirits imported. but that the duty on spirits distilled from foreign products such as sugar, and on foreign spirits received into store without payment of duty shall be the same as that lcviecl on spirits imported.
Foreign materials not '13. And be it Enacted, That no foreign or other materials, the
to be ruixcd W iith grairi
the produce OE soutll product of which when distilled is liablc u d e r this or any other Australia. Act to a hicller rate of d~zty, shall be stored within such prcinises U

in the same \vnrehousc with" grain, the produce of South Lustralia, or other materials the product of wl~icll, when distilled, is liable to a lower rate of duty; and no spirits subject to such lower rate of' duty shall be stored witliin such prcmises in the same ware- house with spirits subject to tlic highcr rate of duty; and if any	f'oreiqn materials, the product of which when distilled is liable to	a hiffher rate of duty, shall bc found within such premises mingled
with any grain the produce of this Colony, or with any wort, inash, wash, pot-ale, or low wine wllicll shall hare been declared by such licensed distiller hy notice given in luaur.ler hereinafter described to be mash, wash, pot-ale, fbr distillation, composed solely of materials the product of which is snhject to the lower rate of duty, such forcip material, toptller with tlie grain, mash, wash, pot-ale, &C., with %-hieh it Las bee11 mingled shall be forfeited, and such licensed
distiller shall, for s~zch offence, forf'eit and pay a sum of not less
than One Hundred Pounds ox* more t l~an Two Hundred Pounds.
14. And be it Ennctcd, That no spirits or materials for the making or compomndiirg of

N~ ormaterials

to rewiv" spirits shall be received into or delivered

licensed premises mt11

duip entered, or 1.e- fi'orn such licensed prcn~ises as aforesaid until due entry shall have

moved	per- been made of such spirits or other materials as aforesaid, and warrants panted for the receptiou or delivery of the same:
mission.

And

that

that no spirits or material for the making or compouading of spirits as aforesaid shall be so received or delivered except in the presence or with thc permission in writing of the proper officer, and within tlle legal hours (that is to say), between ten of' the forenoon, and fo~w in the afternoon, unless special authority be given by the Juspector of Distilleries: A i d that all spirits or materials for ii~akillg spirits as aforesaid, received or delivered contrary to this or any other h w relating to the Customs, shall be forfeited, and tlie proprietor or licensed occupier of such premises as aforesaid shall be subject to the penalty of One Hundred Pounds, or treble

the value of' such spirits or materials so received or delivered. ,

15. And be it Enacted, That the person entering sucll spirits or NO spirits or mnterinls shall be rcceived into

materials for the making or compounding of spirits as aforesaid, so premises, or

to be received into or delivered fi.oi1l sucll lice~lsed premises, shall dclivcrcdw-ithoutwar- rant of the inspector

deliver to tlre Inspector of Distilleries or other proper officer a	Di8,aleri,, &,.
hill of tlie entry thereof fhirly written in words a t length containing tllc particulars of the q~&y and quantity of the spirits or matcrinls fbr the making or compoundi~lg of spirits as aforesaid,
a i d of the packages containin6 the same and tlie marks and
nunibcrs on the packages, and if required setting forth whetlrer such spirits or materials for the making or con~pounding of spirits as aforesaid be the produce of the Province or not, and two or more duplicates as the case may require of such bill in which all sums and numbers may be expressed in figures, a i d the particulars colitained in such bills sllall be written and arranged in such fbrni and nxmicr, and the ilumber of the duplicates shn,Il be s w h as tlie T~rspcct~or of Distillcrics or other propcr ofiicer shall require; and such person s l d i ~ t the same time pay down all duties due upon the spirits or materials for the making or compouircling of spirits as aforesaid, and the Inspector of Distilleries or other proper officer s l d l tlweupou grant the warrant for the receptioii or delivery of such qir i ts or materials as aforesaid.

And be it Enacted, That 1xpon the entry and n t the reception into the said premises of any spirits or mater&ls for the makillg or	NO spirits or materials
to be recewed into li-

l 6.

,,,h,,,,

cornpouiidin~ of spirits, the Froper officer s h l l ~ a k e a pasticular dclivcro4 unlcss eu-

account of the ss&, aud shd.i al&rlc the coutel~ts on each package, terud, &C.

and shall cnter the same in a book to be kept for that purpose, and such nmterials shall thereupol~ be deposited withiii the said prrrnises in the storc for that purpose provided, and 110 goods which have been so warehoi~seil shall be taken or cleliverccl from the warel-rouse except upon due entry and in presence of thc proper officer.

17. A i d be it Enacted, That it shall be lawful for the Inspector The of

of Distilleries or other proper officer u d e r sue11 rcgpl t' a 10118 as tillcries mity make

shall be approved by thc Licuteliant-Governor, to perin~t tile pro-	alterations, &c.
prietor or o t l w person haviilg control over any spirits or materials for tlie making or conlpounding of' spirits so warehoused, to sort, separate, pack, or repack, any such spirits or materials as aforesaid, arid to make such lawful alterations therein, or arrai~gerneiits and

I assortments

assortments thereof as may be necessary for the preservation of such spirits or materials as aforesaid, or in order to the sale, ship- ment, or legal disposal of the same, and also in the warahouse to

fill up any casks of spirits from any other casks of tLe same res-

pectively secured in the same warehouse, and also in the warehouse to take such moderate samplcs of spirits or other materials as aforesaid, als may be dlowed by the Inkpector of Distilleries or other proper officer, without entry and without payment of duty, except as the same may eventually become payable as on a de- ficiency of the original quantity.

Spirits delivered free	18. And he it Enacted, That, under such r~gulations	as shall be
of duty to fortify

wine.	approved by the Lieutenant-Governor, it shall be lawful for the Inspector of Distilleries and for thc Collector of Customs to deliver from any bonded warehouse under his or their charge, for the purpose of fortifying wines thc produce of this Colony, of duty, any spirits secured in such warehouse not exceeding the proportion of one gdlon of proof spirits to ten gallons of such wine.
Impector of Distil-

leries may allow the 19. And be it Enacted, That spirits or materials for the making

removal of spirits and	or compou~lding of spirits stored as aforesaid, being first duly
materials to othcr
bonded warehouses, or	entered, may be delivered under the authority of the Inspector of
for exportation with-	Distilleries or other proper officer without payment of duty except
out duty.	fbr any deficiency thereof for the purposc of w~~loval to any bonded warehouse in the same Proviuce, or for the purpose of bciug shipped for exportation under bond to the satisfaction of such officer fbr the due arrival and warehousing of such spirits or materials as aforesaid, or for the exportation of the same as thc case may be.
duty when spirits or

Governor may remit 20. And be it Enacted, That if any spirits, or materials for the

materials are lost or	making or compounding of spirits as aforesaid, so entered for de-
destroyed.	livery shall be lost or destroyed by any unavoidable accident either
in the warehouse or in the &livery thercfkom, it shall be litwf~d
for the Lieutenant-Governor to remit or return the duties payable
or paid on the quantities of such spirits or other materials as afore-
said so lost or destroyed.

S~irits or materials 21. And be it Enacted. That if anv s~ir i ts or materials for -

J I

~ o u s e d o r ~ i p p a d, ~ e. , making or compounding of spirits as aforesaid, wllich ham bcen

without.permission,to entered to be re-warehoused or shipped for exportation shall not be forfeited. be duly carried and deposited in the warehouse or shipped, or

having been shipped shall afterwards be relanded, except with the permission of the proper officer of the Customs, such spirits or materials, as aforesaid, shaU be forfeited.

Apothecaries, them-

ists, and druggista, 22. And be it Enacted, That it shall and may be lawful for the In-

,, have &as of spector of Distilleries or other person to be appointed, as aforesaid,

eight @on5 content to issue a license on the payment of the sum of Five Pounds

on taking out Licence.

sterling to any apothecary, chemist, or druggist, applying for the same to kcep and use upon his premises, a stjll of not more that

eight

' m h t gallons content, for the purposes of his trade only: Provided

e1, that every person wishing to keep such still shall notify his intcn-

tion so to do to the Inspector of Distilleries or other person ap- pointed as aforesaid, who shall thereupon require such person to

b c.iw bond with two sufficient sureties in tlle sum of Two iIundred

Pounds, 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 bona yfide for medical purposes, and cvery such person found to have in his possession any still without haviu;

entered into such bond and obtained such l&encc, shall forfeit and pay not less tllsn Fifty Pounds nor niorc than One Hundred Pounds.

23. And be it Enacted, T h t it s l d l not br lawful for any person The business of s

or persons who shall hare obhined any such licence as aforesaid, ~~~~~~~~~~

for tlzc distilling, rectifyi~ig, or compounding of spirits, or for any in t t ~ c Ram yrcmises.

other person whatsoever to l~ractise, follow, or use the trade or business of a brewer of ale, porter, or beer, with it^ the preinises so used for distilling, rectifying, or compoundi~iq of spirits, or any part thereof, nor any place or prerniscs witliia 011; hundred yards of the premises so used for the clistilliug, rectifying, or compounding of spirits, under a penalty of Two Hundred Pounds.

24. And be it Enacted, That it shall not be lawful for any u;stillcrs not to retall spirits.

person who shall be the owncr or part owner, or who has any in- terest or share in any licehsed distillery, or in any premises ot concerns used for rectifying or compoundinq spirits, to have or to hold u licence to retail spirituous or fermented liquors; and in case any person who sllall have obtained a licence for the sale of fer- mented or spirituous liquors by retail, shall, after obtaining of such licence, become the owncr or part owner, or have any share or in- ferest in a licensed distillery, or in any premises or concerns used tor rectifying or compounding spirits, such licence so granted for the sale of fermented or spirituous liquors by retail shall thereupon

to sell fermented or spirituous liquors by retail after having be- become and be absolutely void; and the party or parties continuing come the owner or part owner of, or after obtaining an interest or share in a licensed distillery, or in any premises or concerns used for the rectifying or compoundiilg of spirits, may be prosecuted and convicted as a person selling fermented or spirituous liquors by retail without a licence.

25. And be it Enacted, That it shall not be lawful for any li- Distiller not to ae11

censed distiller to sell or dispose of at any one time, a less quantity l e a than ten, nor rec- tifier less than five

than ten gallons, under a penalty of Twenty-Five Pounds; gallons

nor for any rectifyer or compoundex of spirits to sell or dispose of

at any one time, a less quantity than five gallons under a like

penalty of Twenty-Five Pounds.

be set in stone or brick and mortar, and lock8 and keys to the or brick and mortar. 26. And be it Enacted, That all stills licensed as aforesaid are to Stillstobe wtin~bne

heads

heads or cocks of the said stills, and to the furnace and door of

such stills, shall be provided at the expense of the owner.

How coolers are to be

fixed.

27. And be it Enacted, That the coolers belongiilg to each dis- tillery shall be screwed down and firmly fastened at both euds iu the walla of the building, and that the same shall not be altered without giving four days' notice thereof to the Inspector of' Dis- tilleries, or other proper officer, undcr a penalty of Twenty-Five Pounds, to be recovered against the owner or owners, or proprietor or proprietors of such distillery.

Contents of coolers.

28. And be it Enacted, That tlie cooler or back used for the worts in each distillery shall not he of less content than the full charge of the still used in snch distillery under a penalty of Twenty- Five Pounds; and that every such cooler and back so found of less content than aforesaid shall be seized and forkited.

- . "-v

Number of worms to	29. And be it Enacted, That if any licensed distiller sliall have or keep upon his yrernises any worm or worms, except one worn1 for each still licensed in manner provided by this Act, such distiller shall forfeit and pay a penalty or sum of Twenty Pourlds for each and every worm found on his said premises exceeding the number of stills licensed to he used tl-ic.rcon: Provided, however, that nothin8 herein contained shall prevcnt any number of worms being kept m the store in which spirits when distilled are to be de- posited under t,he security of locks, 21s aforesaid.
be used,
to Lnspector of 1)istil-
Returns to be made	30. And be it Enacted, That every licensed distiller, rectifier, or to tlie Inspector of Distilleries a return, in writing, signed by llim, of the still or stills to be used by him on the mid premises so licenned, and of thr contcnt or c&tcnts thereof respe&vely, and of thc worm or worms, coppers, vats, kievcs, backs, and othcr u t e i d s to be used tlierein, wliich s:&l accounts delivered in s ld l
leries when licencc is	compounder shall, immediately on obtaining his said liceucc, f'urrrish
obtained.
be kept aud registered by tlrc hspector of Distilleries, and that all stills, wonm, coppers, vats, kievea, backs, and other utensils found
011 the said preillises, wllicll shall riot be stated and illentionecl in the said return, slmll be liable to be seized by any Inspector of Distilleries, officcr of Customs, or other person appointed as afore- said, and forfeited in manner hereinafter mentioned.
Vessels tobc marked.	3 1. And be it Enacted, Thiit all vats, kievcs, backs, and other utensils used in the premises of each tlistillery shall be respectively marked and numbered in distinct, le@hihle, a d durable ohilritcters, so as to distinguish them the one from the other.
Officersto have povm	32. And be it Ena,cted, That it &all and may be lawful for any officers of the customs, and every other person or persons duly authorised by the Lieutenant-Governor, to enter at all times every house, distillery, stillhouse, outhouse, or place belonging
to cuter premises at
all times*
to or made use of by any licensed distiller, rectifier, or coinpounder

of

of spirits, and in the day-time with writ of assistance, and accom- panied by a peace officer, to enter any other place on reasonable cause of suspicion, and to guage and measure all stills and uteusils, and to guagc and take an account of all spirits, malt, sugar, molasses, or other ingredients used in the making of spirits, and of all wash, worts, pot-ale, sin@ings, low wines, and materials whatsoever, and to search for and seize any illicit still, or any spirits found the duty on which has not been paid, or secured to be paid, and that any person or persons obstructing, refusing, or preventing the admission of sueh Inspector or other officer or officers, shall be liable to a penalty of not less than One Hundred Pounds or more tllaa Two Hundred Pounds.

32. And be it Enacted, That all and every still and stills, worms, .Licencetobeproduced to officers.

and all utensils, or spirit cordials or compounds found in any pre- niiscs, shall be liable to be seized by any Inspector of Uistillcries, officer of customs, or other person appointed as aforesaid, and for- feited unless the owner of the same shall, on the requisition of such Inspector of Distilleries, officer of customs, or other person as afore- said, produce his licence for using and making the same.

34. And be it Enacted, That before coumencing to distil, such Distillers to give no-

licensed distiller shall give notice in writing to tlie Inspector of g;f intention

Distilleries, setting forth whether such distillation is intended to be

from wort; mn,shy wash, pot-ale, low wines, or singlings made wldly from grain, malt, or other materids the product of' which is subject to a lower rate of duty, or otherwise, which notice shall be served by such distiller at least twenty-four hours before com- mencing to distil under penalty of not more than Fifty Pounds, or less than Twenty-Five Pounds.

35. And be it Enactcd, That every person who shall sell or dis- pose of, or who s h d offer to sell or dispose of, any quantity of illi-	Sellers and purchasers of illicit spirits aubjecti
to penalties.
cit spirits, or spirits part of which is illicit, shall be liable to a penalty
of One Hundred Pounds, and the forfeiture of the spirit or spirits ao ogered for sale; and that every person who shall knowingly pur-	chase m y such spirits shall be liable to a similar penalty of One
Hundred I'ounds, together with the forfeiture of' the said spirits so purchased.
36. And be it Enacted, That it shall be lawful for the lieutenant- Governor to make such mlcs and regulations as he may think ne-	Lieutenant-Governor
may make rules for \
carrying Act into
cessary, to carry the provisions of this Act into effect, and to	efcct.

appoint sueh officcrr, and other persons for that purpose as he may	1
deem fit and proper.

37. And be it Enacted, That this Act shall be deemed and taken to be an Act relating to the customs and trade,	law relating to the
Act to be deemed a
customs, &c,
and that all persons employed in the execution hereof, by the di- rection of the Lieutenant-Govemor, shall be deemed and taken to
be officers of the customs for the purposes hereof; and that all the

K rights,

rights, re~nedies, enactments, arid provisions of the laws for the time being in force within tllc Province, relating to the customs and trade, shall, so far as applicable, apply in like maiuwr to all persoils and thingq, aud to all forfeitlues and'penalties, and the distributio~l

of the same, and to all proceediiigs under this Act as if the

same were expressly herein inserted.

Application of duties+ 38. And be it Enacted, That thc produce of all rates and duties imposed and made payable in virtue of this Act, shall be paid to the use of Her Majesty, ller Heirs m d Successors, for the public use of thc Provihce, and sapport of the Government thcrcof.

Governor may remit 39. And be it Enacted, That it dial1 a i d may be l awf~~ l for the

penalties. Lieutenant-Governor, for the time being of the said Province, to remit or reduce the said pcnaltirs as to the said Lieutenant-Go-

.-. - vernor shall sec111 meet.

Construction C ~ ~ U W 40. And be it Enacted, That in order to prevent any miscon- strnction of the terms and expressions used in this Act, wherever the ternls or expressions followinq occur therein, the same shall be constrocd respectively in man& I~creinnfter directed (that is to say) that tlle term wort sllall he construed to mean wort, wash, pot-ale, dundcr, si~lglinp, and feints; that the term spirits sEd1 be construed to meall brandy, rum, gin, low wines, and feints, and all descriptions 2nd kinds of spirituous liquors, whatsoever; mid that the term premises shall irdude and extend to all ont- houses belonging to the same proprietor on the place appropriated to the distillation and storing of spirits.

Commencement of 41. And be it Enacted, That this Act shall commence

A C ~.

and take eff'ect from and after the Yirst day of January, Oue

Thousand Eight Hundred and Fifty-Two.

JOHN MORPfIETT, Speaker.

Passed the Lcgislwt..ive Council this Thirtieth,	duy o f October, One Thousand Bight
Hundred and F$fty -one.

F. C. SINGLETON,

Clerk of Council.

In the name and on the behalf of Her Majesty 1 assent to this Act.

H. E, F. YOUNG, i

Lieutenant-G overnor. i,

Government House, Adelaide, l

22nd November, 1851,

SCHEDULE I

SCHEDULE REFE&RE:D TO.

FORM OF LICENCE.

WHEREAS, in pursuance of the Act in that behalf, application hath been made by memorial by [name and address of memorialist] to direct a licence to

be granted for the distilling [rectifying or compounding, as the case may be] of

spirits within Lhwe state the p e m i s e s ], and the said memorialist hath transmitted

drawing or representation of the still or othrr utensil, a s the case may he] to be used therein, setting forth its shape, dimensions, and proportions as follows

[here set for th descr+tion of still as near as possible].

Now, therefore, the Bench of Magistrates doth hereby grant licence to

the said memorialists, to keep and use the said still [or utensil] for distillation

[or for the rectfying or compounding, as the case nmy he] of spirits within the

said premises.

Chairman.

ADELAIDE; Printed by authority, by W. C. Cox, Government Printer, Victoria-square.