Distillation Act 1876 (SA)

ANNO TRICESIMO NON0 ET QTJADRAGESIMO

D. 1876,

No. 53.
ANALYSIS.

Z'rcamble.

PART 1V.

PRE1,IRIINART.

RESPECTISG ALL LICENCES.

1. Repeal of AI t Ku. G of l86 1, and A c t So.

23. 1,ircnce under repealed Act to rccci~e

16 of 1857-8.

licmrc mder this Act.

2. Rbort tltle.

2 1. Duration of lircnces.

3. 11,trtprctation.

2 5. Renewal of iiuenrcs.

26. R~I11sal

or suspe~&u of licenxs.

4. Division of Act.

'17. Liccnccs may be transferred.

PART 1.

28. Ccrtain licencas become void.

P A l U l

XESPEC'SIXO THE JLEMOVAT~ Ok' SPIRIT5 AND
SUPBHVTRION O F STILLS.
29. L)istillcry and utcnsils to be kept in good

5. Winc tnanufaoturcr's distillation !ice~~ce.

rcpair.

6. Certlficste required.

20. Koticc to 1~ giwn.

7. Spirit cellar and btor~room

10 be rrovided.

31. l'crmit for thc rcmoval of spirits.

S. Hernod of spi~its

for fortifying winc.

32. Spirits rcmovcd without permit will bc

9. Rctrrrnv to he furnishtd.

seized.

48. As

10. win^ mimi~Brturrr

to produce 1)oolcs.

33.

U n l a ~ ~ l b l

permits.

11. Spirit3 may he delivered out of 11 md.

3.2. Officcrs may stop persons removing spirits

m d oxanine pc~rmits.

lIESl'ECT1ND TIIZ LICENSI5G APiD IVOllliIXG 01'

38. Notico o l ndi ing or importing stills.

26.	N 0 t h of cll ling still.

STILLS

1-SED JJY

DISTJLLEES,

AXL)

T l lZ

D I S I ' I J R ~ ~ I,

0 1 ~ I ' I R I T S.

37. K oticc of setting up stills.

38.	Stills not to !)c removed without permission.

1'7. Disti!lation licence..	39. Distances betv~een	the premises of' licenscd
13. Licences, how obtained.

14, Spirit cellar or storeroom to h e provided.

persons and thosc of brewcrs.

15. Returns t n be furnished.

l?AlLT IT.

18. .Journal to be produced.

IiCSPECTING DUTIES ( 3 RPllLITS.

17. J)i?;tanevs

bctwecn spirit store and clistillcry.

40. Rate of duty

18. Warehonsing of spir~ta.	4 I. Spirits m a p bc used for X arnishes.
19. Entry to be made.	42. Appointment of bondcd wurehouse.
20. Modc of proceeding where spirit3 are n r.	43. Spirits may be lewoved to any colo~i,zl

temd ibr home consumption.

purt uoder bond.

44.

S p i ~ l t ~

and rordial.ls may bc exported.

4j. I)utiea how to be pad.

PSRT TIT.

ILESlJECT1X6 OPI'IUEHS,

SEIZCRB, PROCEDUKE,

dS1) I'EN.4L'IICS.

46. Appointme14 oi offic rs.
47. As to capaulcs and label'> for bottle.
2 39" & 40" VICTOBIA3, No. 53.
The Distillation Act.-1876.

48. As to hottling spirits LI bottles with labels

67. Sellers and pu~chasers

of illicit spirits sub-

affixed thereto

ject

to pe~ial t i~s.

49. Seizure of mater~ale	for distillation.	58. Ouuv of pruof to be on claimar t.
53. Seizure of spirits.	69. Act to be dcemed a l aw relating to the

51. Proceedings undcr wnrmnt.

Customs.

62. Ofticer may stop vehicles.	60. Informa'iou to be heard by two Jwsticoa.
63. Obstructing officcr, penalty.	61. Application of prndtics.
54. Assaulting and reristing officer, penalty.	62. Power of Governor to mzke rzplations.
65. Bribes, how puni~hable.	63. Gazette to bc evidencc in certain cases.

66. Penalty for using still without licmce.

SCHEDULES.

An Act to amend and consolidnte the Laws ~elatiazy

to Dis~illation.

rAssentd to, 17th November, 1876 .]

Preamble.

IEXEAS it is espedicnt to ztrncntl'and consolidate tho 7,aws relatiq to Distillation in the Proviilcc of South Australia -Be it thewfore Enacted by the Governor of tllc Province of South Australia, by ancl with h ad~ice and conscat of thc Legislative Council and House of Assembly of the said E'rovincc,

in this present Parliament assw~bled, as fo l lo~~s

PRXLIMLN-4EYL
Repeal of Act No. 6

185t7Gndhct

l. The Act, No. 6 of 1851, intitaled '' A11 Act to regulate

16 of 1851-8.

Tnternal Distillation in the Province of South ~ustritlia," and an Act, No. 1 G of 1857-8, intituled " ,411 Act to encourage tilc culture of thc Vim jn Solntli Australia by l~ermitting Distillation

of the Fermented Juice of tlic Grape," ~ ~ i l

all rules ancl r~gnlatior~s

made tlmcunder dmll bc and the s ime ale llcrt*by rcpcalccl, saving always all pcnalti!.s and linbilitics which have LICC~IIC~, srisen, or been inc.cnwd, or have come into existence under or hy virtue of the

said repealed ,4cts, ailcl rules, and regulations, or any of them.

Short Titlc.

2. This Act inay be cited for all purposes as " The Distillation Act, 1876."

Interpretation.

3. I11 the construction of this Act, tllr following words a id exprcs-

sions, udess inconsistent with the sulnjcct-mattcr, s l d l have thc

niuarlings hereby assigncd to them respectively, that is to say-

'' Wine maliufacturer " means any person Irolding a '; Wine
3Ianufacturer's Liccncc:," as hereinafter defined.
\Vinemaker" means any person (not holding a Wine Manu- facturer's Ikence) who nmkcs wine from grapes or other fruit, ancl who may require to purchase spirits free of duty for the purpose of fortif'ying such wine:
Distiller " means any person holding a " Distillation Licence,"
as hereinafter defined:
b6Spirits" means brandy, whisky, rum, gin, spirits, low wines,
f oints, cordial liqueurs, and all descriptions ?f wines and
spirits containing more than thirty-five P C ~ cent, of proof

spirits.

]illicit

39" gL 40° TTICTORIr-E, No. 53.
- -

The

Distillation

A c t. 1 8 7 6.

"Illicit spirits" means spirits produced and made contrary to
the provisions of this Act, ancl. spirits on which the full duty

shall not

have been p a d:

"Still" means also the head, or worm, or any other part of a still, or apparatus connected therewith or appurtenant thereto, and includcs any distilling apparatus whatever for the making, distilling, compounding, or rectifying of spirits:
Inspector" means the Chief Inspector of Distilleries:
" Any Inspcctor" means tlic Chief Inspector of Distilleries, or

any other Inspector of Distiilwi~s

Officer" means any officer of customs, of any rank or grade whatever, and any inspector or other officer appointed by the Inspector for the purposes of this Act, or any of them:
"Distillery" means the premises of any distiller or wine manu- facturer where the proccss of distillation, or rectifying, or cornpouncling of spirits is carried on, and all spirit stores and buildings connccted thcrewitlr or appurtenant there to.

This Act shall he divided into the following parts-

Division of A C ~.

PART

I. -Respecting the licensing and working of stills used by

wine nzannfac&urers and the supply of spirits duty free for

fortifying wine:

PART

11.-Respecting

the licensing and working of stills used by

distillers, and thc clisposal of

spirits:

PART

111.-Respecting

the licensing and working of stills for chemical,

manufacturing, and other purposcs:

PART	1v.-Respecting	all licences:
PART	v.-Respecting	the removal of spirits and supervision of atills:

PART

m--Respecting

Guties on spirits:

PART

VII. -Respecting

officers, seizures, procedure, aud penalties.

PART

1.-Respecting

thc licensing and working of stills used by

PART 1.

wine manufacturers and the supply of spirits duty free for
fortifying wine:

Manufacturer's Licence," in the form in the First Schedule to this distillation licence.

5. The Treasurer may grant a licence, to be called a

Wine Wine manufacturer's

Act, to any person in the actual occupation of any vineyard o r. orchard of not less than five acres in cxtent, and in full bearing, who shall be a maker of wine, upon such person ap~1,lying thercfor, in writing, under his own proper and usual signature, w h ~ h appli- cation shall spccify the size and description of the still intended to be used, and shall have annexed thereto correct drawings of such still, and of thc premiscs where the same is intended to be used, and the holder of such licence is hereby authorized to keep and usc upon
suck

.-.	39" Sz: 40" VICTORIB, No. 53.

The Distillatiore Act.-1

87 6.

PART

such vineyard or orchard a still of not less than fifty gallons capacity for the purpose of distilling spirits from the fermented juice of the grape or other fruit, being the produce of such or any other vineyard or orchard: and the spirits so distilled, cxce~t as hereinafter excepted, L ' shall be uked only f& fortifying wines th; propcrty of, and on the premises of, such winc manufacturer, so that when such wines are fortified they shall not contain more than thirty-five per centum of proof spirit, according to Sykes's hydrometer; and all wine on the premises occupied by any wine manufacturer which shall contain morc than that proportion of spirit shall be forfeited, and may be seized by any officer: Provided that mine manufacturers map- use spirits lawfully distilled by them for the purpose of washing or cleansing casks.

certificate required.

6, Before any such licence shall be granted, the person applying for the same shall produce to the Chief Inspector of Distilleries hereinafter authorized to be appomted, a certificate, signed byza Special Magistrate, certifying t h t such pemon is in the actual oc&- pation of not less than five acrcs of land planted with vines or fruit trees in full bearing, and that such person is, in the opinion of such Special Magistrate, a fit and proper person to hold such licence; and such person shall, together with two cood and sufficient sureties, to be approved or' by the Treasurer, enter into a bond to the Treasurer for a sum of Pive Hundred Pounds, conditioned that such person will not use, or suffer to be made use of, the still in respect of which he is licensed for any other purposes t h n such as arc aut,ho- rized by his licence, and further conditioned for thc clue obsernmce of the provisions of this Act and of all regulations made thereunder.

Spil't ceuars Or	7, Erery wir:c	manufiacturc~ shall provide upon his prcxnises a
room t o be provided.

cellar or store-room, built of stone, brick, or concrctc, wherein all spirits made on the premises, and all wines containing morc than thirty-five per ccntuni of proof spirit, shall be deposited and kept

purpose of fortifying wine, or washing or cleansing casks, or blending,

securely locked by such wine lnanufacturer until require2 for the

as hereiizbefore nientioncd; and all spirits so made shall be conveyed into such cellar or store-room, and shall be secured in such manner as the Inspector shall direct; ancl all such spirits or wines found in any other place or places on the said premises tkdn the said cellar or store-room, in (pantity greater than five gallons in Ihe aggregate, shall be forfcitcd, and such wine manufacturer shall thcreby become lkble to a penalty of Fifty Pounds, togciher with an additional penalty of Forty Shillings for every gallon of spirits so found in excess: Provided that spirits requiring to be rectified may be renioved from the said cellar or other store-room, to the still-room for the purpose of re-distillation.

Rr~movnl

of spirits

Any vine manufacturer may remove from such cellar or store- room, without payment of duty, such quantity of spirits as may be rc- quired for the purpose of fortifying wines the property'of such winc monufncturn (hut so that s u h wines, when so fortified, shall not
for fo~tifying mine.
' contain
39" & 40" VICTORIB, No. 53.
The Distillation Acd.1876.

contain more than thirty-five per centum of proof spirit), or for

PART

washing or cleansing casks or for blending; and all such spirits so removed from such ccllar or store-room for fortifying such wine or blending, shall be mixed on the premises of such wine manufacturer: Provided that if such wine manufacturer shall have a surplus of spirits more than sufficient for fortifying his wines, it shall be lawful for the Inspector to grant his permission in writing to such wine manufacturer to sell or dispose of the same in one lot once during each year. under the supervision of an Inspector or officer, upon payment of the duties chargeable on such spirits, or to remove the same to a duly licensed bonded warehouse; and any wine manufacturer acting in contravention of this section shall be liable to a penalty not exceeding One Hundred Pounds.

9. Every wine manufacturer shall keep a journal, which shall be Return to be f ~ m -
provided by the Government Printer, at cost price, in the: form in nisbed.
the Second Schedule of this Act, showing-
The date of notice of commencing and having ceased to distil,
being posted or delivered, and where:
The date given in such notice for commcncing to distil:
The date givcn in such notice for ceasing to distil:
The days when actually distilling. and number of hours at work
in each day:
The materials distilled from:
The total quantity of proof spirits distilled during the month: The total quantity in proof gallons on hand from last month: The total quantity in proof gallons purchased for fortifying wine:
Tlrc total quantity in proof gallons disposed of during the month,
showing the manner in which the same has been disposed of:

The stock on hand in proof gallons at thc cnd of thc month:

And the quantity of wine fortified ciuring t,he month:

And shall, within seven days after the end of each month, deliver or send to the Inspector, at the Pustorn House, Port Adclaide, by means of a registered letter, n copy of such ;journal and of thc entries (if any) therein during the month just ended, in the form of the Third Schedule to this Act, also to be provided by the Government Printcr at cost price; and if any such mine manufacturer shall ncglcct to keep such journal, or to forward such copy thereof as aforesaid, or shall make, or be party or privy to making false entrics thercin, he shall be liable to a. penalty of not less than Fifty Pounds, nor more than Two Hundred Pounds.

10. Fvery wine manufacturer sllall, when so required, produce to Winomanufxtwer

any Inspector or officer, or any duly authorized oficcr of police, the to produce books, &c.

jonrnal before mentionecl, and shall also permit them to gauge and take

such
6 39" & 40" VICTORIX, No, 53.

--..

!#!he Distillation Act.-1876.

PART

such samples as they may deem ncccssary of

all spirits, wines, or spirituous

' compounds found on the premises of such wine inanufacturer for the purpose of testing or analyzing, and shall truly answer all questions put by the officers aforesaid relative to the entries in the journal; arid any wine manuf'rlctwrcr who sh;dl not produce and exhibit upon
the preniiscs, in respect whercof hc is liccnscd, mlml required by
any of the officers hereinbefore mentioned, such journal, or who shall not produce and exhibit the whole of the spirits, wines, or spirituous compounds on such premises, or who shall not permit the same to be gauged and testcd, or who shall rcf~~se or neglect to set up as directcd by the officer, the casks rcquired to bc gauged or tested or inspected, or who shall not answer., or fall to answer truly all questions put to him by the befbre-mentioned officers relative to the manufacture and disi>osal of his mines am1 spirits, or to the entries in his journal, notwithstnndmg that such answers may render him liable for any pcnalty, shall bc liable to a penalty of not less than Fifty Pounds, nor more thw Two Hundrecl Pounds.
Spirits may be de-

h e r e d out of bond.

11. The proper officer of Customs may, at the request of the

owner of any spirits in any bonded warel-t~louse,

upon the warrant of

the lnspectoi, in the f~rm.~contained in thc ~ d u r i h Schedule to this Act, dekvei to any winzmaker horn such bonded warehouse any such spirits, duty free, for the purpose of fortifying wint?s, the produce of the said Province, in quantities not exceeding th:\ pro- portion of one galloa of proof spirit to tcn gallons of such winc; and winemal~crs shall, upon entering into a bond to the 'd'reasurer, with two good arid sufficient sureties to be approved of by the Tleasurer, in the sum of Two Hundred Pounds, conditioned to carry out the lmwisions of this section, be allowed to keep and use such spirit so issued to them in the samc manncr, and for the same purposes, as wine manufacturers holding licences to distil under this Act; and such winemakers shall keep a journal in the form in the Fifth Schedule to this Act contained, sliowing-

r. The quantity in proof gallons on hand at the end of the l~revious

month:

11. The quantity in proof gallons purchased or otherwise obtained
for fortifying wine:

111. The quantity in pmqof

gallons used for fortifying wine:

IV. The quantity in proof gallons med for washing or cleaning
casks (as the case may be):
v. The quantity in proof gallons on hand at the end of the month:
vr. The quantity of wine fortified:
And every such minemaker shall, within seven days after the cnd of
each month, deliver or send to the Inspector, at the Custom House, Port Adclaide, by means of a registered letter, a copy of such journal, and of the entries in such journal, during the montli then ended, in the form contained in the Sixth Schedule of this Act,. also to bc pro- vided by the Government Printer at cost price; and if any such
winemaker

The Distilh'ation Act.-1876.

.. .-

+

PART

winemaker shall neglect or refuse to keep sucL journal, or to forward such copy thereof as aforesaid, or shall make, or bc party or privy to making, any false entries therein, hc shall be liable to a penalty of not less than Fifty l'o~iicis, 1101' more than Two Hundred Pounds.

PART

IT.--lXcspectii;g the licensing, and .ndvorliing of stills used by

PART

11.

distillr~s,

and tllr\ clisl)osal of spirits:

12. Tlw Trcusurcr may grant to any person dcsirons of distilling, DistiIIationlicences.
rrctifvincr. or compounding spirits, a licmce to bc callccl a "Distillation ~dcei&c,' in the form in tllc Seventh Schcdule to this Act, wllicll shall authorize such person to have and rlsc oil his premises a wash still of a capacity of not less than eighty gdloiis, and a feints or spirit still of a capacity of not Icss than forky gdlolrs, or a dis- tilling apparatus caphlc of exlmu.;t iug not less t l~an fifty gallons of
~ ~ u s h in the hour, for the pnrpissc of distilling spirits from the fcrmtutrd jnicr of the grape or otllcr fruit.
13. Every 1,crson requiring n distillatiou licencc :;2laJl apply for Licence how obtained-
thc Film(' in writing, to thc Inspector, nndcr his own proper and ubml signature, and snch applia~tion slmll thcrcin specify the size and dtwriptiolr of the still intended to uscd, a i d shall annex 10 tlw application n correct dn.nwing of such still, and a correct plan olt' the preiuiscs whcrc such still is illtended to be used, and tlir p3i.so1i so ;ipp!y ill: iirr such liccucc ~ h 1 1 fnrllislr to thc Insp~ctor a ccrtificnte slgnrcl by a. 8pccial &kagistmtc, cert,ifying that such person is, in tllc opinion of s u d i Special Magistrate, a fit and proper pcrml to ].,olcl a clistillation Iliccncc; and bcforc such licewe shall IK issucd, the person to whom the same is to be granted, hfd1, with two good and mfficicnt surctics, to Fe ap-
proycd of By tllc 'l'rcauurcr, enter into a l3011d to the Treasurer

for thc sum of O ~ V 'B'11ou~aiid Pounds, coilclitionoci that such person will not rrlahc use 01 such st,ill, or srzffcr it to bc rrradc usc of for any o t h e ~ purposes than such as are authorized by the licence; and further

conckitiolled for thc

r 1 1 r obs~rvancc

of the provisions of this Act, and

of all regulatioi-us inaclc thereunder.

14.

X v e q d is t i l l~.

shall lwovide w cellar or storc-room ~vliercin

a11 Spirit crl1ar or store-

room t o be provided.

spirits made by hiin slzakl be placecl, and securcly locked by him, until rcqnired to bc rrrnovt.d for d o, or payment of duty, or fortifying wine, bon~ting, or eqmtat;on; a i d ( w r y such cellar or store-roam shall be built of brick or stone, and thc wiiidows shall be fastened and sccurcci b j bars of iron one inch thick, and firmly fixed in the masoinry or brickwork at not more than six inches apart, and shall also be p r o d e d with a stout door, shcetcci on the inside with iron: Provided that all spirits not rcrnowd for sale or exportation within two months from the date of clistjllation, shall be placed in a bonded mmhonse; but it shall bc h d u l for the Inspector to give permission

to any distiller to Beep any such spirits in such cellar or store-room

for aktrther period not exceeding two months, for the purpose of cllabling tllc said spirit to br rectified: Providcd that no such pcr-

mission
6 39' & 40" VICTORIB, No. 53.
The Distillatiou Act.-1876.
"--.--p--

p * ~ *

11-

mission shall be so granted unless it shall be shown to the Inspector

to be absolutely necessary.

Returns to be fur-

nished.	15. Every distiller shall keep a journal, to bc provided by the Government Printer at cost price (in the fbrm of the Eighth	A	\	U
Schedule of this Act), showing-

The dates of notice of commencing or having ceased to distil
being posted or delivered, and where:
The date given in such notice for commencing to distil:
The date given in such notice for ceasing to distil:

The days when actually distillii~g,

and the number of hours'work

in each day:
Tllc materials distilled from:
The total quantity, in proof gallons, distilled during the month;
The total quantity, in proof' gallons, 011 haid from last month:
The total quantity, in proof gallons, disposcd of during the montll,
showing the nianner in which the sane has been disposed of:
The stock on hand, in. proof gallons, at the cm1 of the month:
The quantity of wine fortified during the mollth:
And such distiller shall, witl~ii~ seIrel\ days after the cnd of each month, deliver or send to the Inspector, at the Custom House, Port Adelaide, by mems of a. registered lette~, a copy, in the form (to be provided by the Government Printer at cost 1)ric.c) of thC Ninth Scl~cdulc to this Act, of the entries in such journal clwing the month just ended; and if any such distiller shall neglect to kecp such journal and forward such copy thereof as aforesaid, or shall make or be party or privy to making'~a.lsc mtries thrrein, he shall bc liable to a penalty of not less than Fifty Pounds, nor more than Two

Hundred Pounds.

Journal t o be pro-	1 6. Every distiller shall, whcn so required, produce to any Inspector or officer, or duly authorized officer of Police, tllc journal before niw- tioncd, and permit him to gauge and take such sa~nples of all spirits, wines, and spirituous compoimds found on the premises of sisch distiller, as he may deem necessary for thc purposc of tesiing or andping, and shall truly unswer all questions put by the officers afbresaid relative to the entries in such jourml; and m y distiller who shall not produce and exhibit ripon his own yrcmises, mhcn required by any
duced.
of the officers hereinbefore mentioned, snch journal or the whole of
the spirits, wines, spirituous compounds on hand, 01- permit the same to be gauged and tested, or who shall refuse or ncglcct to set up as directed by the officer the casks required to be gaugecl or tested or inspectd, or who shall not answer or- fail to answer truly all ques- tions put to him by, as aforesaid, relative to the entries in the journal or thc manufacture and disposal of the wines an$ spirits, notwith standing that such answer may render him liable to any penalty, shall

bc
39" & 40" VICTORIIZE, No. 53.
The Distillation Art.-1876.

bc lkble to a penalty of not less than Fifty Pounds, nor more than	PART 11.
Two Hundred Pounds.

17. No distiller, nor any agent of any distiller, shall have, keep, Distances between

or make usr of any store, erection, or building, for the sale of duty- tataleo. .

spirit store an3 dis-

paid spirits, at any place nearer to any part of any distillery than

one hundred yards, under a penalty of Two Hunched Pounds.

18. The Inspector may, without paymcnt of any fee, grant per- Warehousing of

mission to any distiller to'deposit in a bonded warehouse (erected on the premises of such distiller, and licensed under such regulations as may from time to time be made and in force), spirits from the cellar or store-room of the said distiller, without payment of duty thereon, and such spirits and no other goods shall bc secured under locks of the Crown in such bondcd warehouse; and in respcct of deficien- cies arising on spirits so warehoused, such abatemcnt and dlownnce shall be made as may bc sanctioned by such regulations: Provided that all spirits so wurdloused, iP not removed from such warellouse within the period of two years, shall, at the expiration of that time, bo examined by the proper officer, and the duty upon any difference or deficieiicy between the quantity ascertained on being first ware- housed, and the quantity found to exist at such examination, shall, subject to such allowan<e as may bc sanctioned as aforesaid, be paid down, and the quantity so found shnll be rc-warehoused in the same manner as at first.

19. Before any spirits shall be removed from the cellar c~ store- Entry to bemade.
room of any distiller, or from the bonded store crectcd as aforesaid on the premises of such distiller, to any bonded warehouse under the supervision of the Customs, an entry of the same in the usual and proper form for warehousing goods under bond shall be passed at the Custom House; and the person entering the same shall give security by bond in doublc the amount of duty which would be

payable thereon if taken out of the said store for home consumption,

(with onc sufficient s~ucty to be approved of by the Collector or

other chief officer of Customs) that the said spirits shall be ware- housed to the satisfaction of thc said Collector or other chief officer of Customs, and thereupon thc said Collector or other chief officer of Clustoms shdll grant a warrant for thc removal of such spirits from the said bonded warehouse erected on the premises of the mid distiller to the bonded warehouse mimed in the warrant; and upon delivery of the warrant aforesaid to any Inspector or other proper ofiicer, such Inspector or officer shall allow the spirits therein described to be conveyed to the bonded warehouse named in the margin, and upon the removal of such spirits as aforesaid the same shall be rcgauged by such Inspector or officer.

20. When any spirits deposited in the bonded store attached to Mode of proceeding
any distillery are required for home consumption, for exportation, r'2;$:;,ze
or for ship's stores, the distiller shall procure from the Inspector or consumptun.
other officer on duty at and in charge of such store a certificate, on

which

39O & 440" VICTORIB, No. 53.
The Distillation Act.-1 876.

PAT

11.

---h-	which &all be written the distinguishing mark or number of each cask, also the number of proof gallons in each cask so required for home consumption, for exportation, or for ship's stores, as the case may be; and thereupon such distiller shall present such certificate to the Collector or other chief officer of Customs, and shall make cntry and pay duty thereon, if such spirits be required for home consumption, or makc entry and enter into the necessary bond,
if such spirits be required for exportation; and the said Collector
shall thereupon grant a warrant for the due delivery of the spirits in the manner and form as is required in the casc of imported spirits, when delivering from a bonded warehouse; and such warrant, on being delivered ta the officer on duty at and in charge of such store, shall be a sufficient order for the delivery of the spirits mentioned therein.

Irr.	PART 111.-Respecting the liceming and working of stills for

chemical, manufacturing, ar.d other purposes:
Licence to Apolhe-

caries, chemists, &c.	21. The Treasurer may graxt a licence, in the form in the Tenth Schedule to this Act, to ar.y apothecary, chemist, druggist, manu- facturer, photographic artist, or maker of perfumes to use a still of not more than ten gallons contents for the purposes of his trade only, upon an application in writing to the Inspector, accompanicd by zt cer- tificate signed by a Special Magistrate, that the person so applying for such licence carries on the trade of apothecary, chemist, druggist, manufacturer, photographic artist, or maker of peifumes, and is a fit and proper person to hold such licence; bat before any such licence shall issue, such person shall enter into a bond to thc Treasurer with two sufficient sureties, to be approved of by the Treasurer, for the sum
of Two Hundred Pounds, conditioned that during the currency of
such licence, and of any renewal thereof, hc will not make use of

sllch still, or suffer it to be made use of, except for the purpose and at the place named in such licence, and that hc will obey the pro-

visions of

this Act and the regulations made thereunder.

Persona may be

The Treasurer may grant a licence, in the form in the Eleventh Schedule to this Act, to any person to distil fresh water from salt water; on such person making application in writing to the Inspectoi, accompanied by a certificate duly signed by a Special Magistrate that the person making such application carries 011 business in a place or part of the said Province where fresh water is not pro- curable in sufficient quantity for his business or the wants of the district, that it is necessary that such person should use a still for distilling fresh water from salt water, and that the pcrson applying
22.
licensed to dlstil fresh
water from salt water.
is a fit and proper person to hold a licence, but no such licence shall be granted for any still for such purpose as aforesaid of less
than one hundred gallons contents; but before any such licence shall be granted, the person applying therefor shall enter into a bond to the Treasurer for Two Hundred Pounds, with two sufficient sureties to be approved of by the Treasurer, conditionetl that the still shall only be used for distilling fresh water from salt water, and
for
39" 6t 40" VICTORIB, No. 53.
The Distillation Act.-1 876.

for no other purpose whatever, and that the obligor will obey all the	PART	111.
provisions of this Act and the regulations made thereunder: Pro- vided that any person so licensed who shall change his residence or shall cease to make use of such still shall, before the expiration
of the then current quarter, give notice to the Inspector, and
shall in the latter case send the still to the bonded store nearest to the district or placc where such still was used, or deliver the same to the nearest officer of police; and any person so licensed who shall fail to give such notice as aforesaid, or who shall fail or refuse to place such still in a bonded store or to deliver the same to an officer of police shall forfeit and pay a sum of not less than Fifty Pounds nor more than One Hundred Pounds, and the still shall be forfeited and may be destroyed by the Inspector, or any person acting under his orders.

P A ~

IT.-Respecting

all Licences:

PART

IV.

23. Any person who at the time of the passing of this Act is the Lieenws

repealed ~ c t

under

re-

holder of a licence under thc repealed Act No. 16 of

18 57-8 shall, ,,;,,

l;,,,,

,fie,

on application to the Treasurer, be entitled to receive, free of cost, a this *et- shall bc renewable from year to year until the thirtieth day of June, one thousand eight hundred and eighty-two, when such licence shall emsc and dctcrmine, and every such person shall have the benefit of and bc subject to thc provisions and penalties of this Act in the same manner as if such last wentioned licence had been issued under this Act, notwithstanding that t,he still in respcct of which such licence shall be granted may be of less capacity than such person would otherwise be authorized to use by a licence under this Act.
wine manufacturcr's licencc or a distillation licence, as such person
shall elect, for the remainder of thc year ending the thirtieth day of
24. All licences granted or renewed under this Act shall continue Duration of lic-nces.
in force until the thirtieth day of June following the datc of the

granting thereof; and there shall be paid to the Treasurer for	every such licence the sums respectively mentioned in the Twelfth
Schedule to this Act; and upon such payment, and upon the ~roduction of a certificate from the Inspector that all the re~uire- ments of this Act have been complied with, such licence shall forthwith issue to the person who shall be entitled to the same.

25. Every licence granted under the provisions of this Act may ~,,,,,l

,f l;,,,,,,,

he renewed annually, upon thc person applying for such renewal paying to the Treasurer the sum required by this Act to be paid for the licence whicli such person desires to renew, and on production of a certificate from the Inspector that all the regulations of this or of any other Act in force for the time being, relating to the distillation, rectifying, or compounding of spirit have been complied with by such person: Provided that if the person applying for such licence shall have been convicted of any offence under this Act, or under any Act in force for the time being
relating

39"	40" VICTORIlfE, No. 53.

The

Distillation

A c t. 1 8 7 6.

PART

relating to distillation, or shall have forfeited any recognizance or bond under this or any such Act, it shall not be lawful for the Treasurer to grant such renewal of any licence, and he is hereby expressly authorized and directed to refuse the same, unless i t be proved to his satisfaction that the offence or foi+eiture was not wilful: And provided also that no licence shall be renewed under the foregoing provisions unless the person applying for such renewal shall (if required by the Treasurer) enter into a new bond to the Treasurer, with two sufficient sureties, to be approved by the Treasurer, for the same amount as that entered into by him on obtaining his licence and conditioned in like manner.

Refusal or suspension

26. The Treasurer may refuse to grant or to renew any licence for the granting a renewal of which application is duly made under this Act, or may snspend or cancel any licence grantcc1 or renewed by him upon proof being given to the satisfaction of the Treasurer that the provisions ailcl requirements of this Act, or any of them, have been contravened, or have not been fulfilled, or that any Inspector, or officer, has been obstructed or prevented from pcrfonnihg ally part of his duty, by the person applying for, or holcling such licence, or renewal thereof, or by any person acting under his authority or by his direction; or where from the local sitwation of a clistillcry (the licence

of lxences.

for which is required co be c ranted or renewed), in rcspect of any

brewery, or rnanufa~tor~ of cordials, in makirlg of which spirits are

used, or of any stare or house in which spirits are sold either by wholesale or retail, it may appear to the Treasurer inexpedient to grant or renew such licence.

Licences may bo

27. In the event of the death, lunacy, or insol~7cncy of

any per-

transf crred.

son holding a licence under this Act, such licence may be transferred

to the legal represcntatives of such person upon fresh securities

bcing entered into, and the Treasurer being satisfied that such

representatives arc fit and propcr persons to hold a liceixe.

Certain licences t o

become void.

28. No wine manufacturer nor distiller nor any other person who shall be the owner or part owner of, or who has any interest or share in a distillery, or in any premises or concerns used for rectifying or compounding spirits, nor any medical practiticlncr or chemist licensed to use a still, nor any person licensed to use a still for scientific or other purposes, nor any maker ol licrfunlrs licensed to use a still, nor any person licensed to distil fresh water from salt water, shall hold a licence undcr any Act for the time bcing in force relating to licenqed public houses; and in case any person who shall have obtained a licence under any such Act as aforesaid, shail, after the obtaining of such licence. become the owner or part owner, or have any slyare or interest in a licensed distillery, or in any pre- mises or concerns used for rectifying or uompou~ding spirits, such licence so granted under the said Act, shall thereupon become and be absolutely void, and such person, if he sell thereunder, shall be liable to the penalty by law attached to, and may he prosecutcd and convicted for selling ierrnented or spirituous liquors by rctail without n

lcellcc.

Paw

39" & 40" VICTORIB, No. 53.

Tfte Distillation Act.-1876.

PART

V.-Respecting

the removal of spirits and supervision of

stills:

PART

29. Rvery w i n ~

manufhcturer or distiller shall maintain and keep Distillery andutensils

his still in good repair, and shall, at his own expcnsc, provide, ,,pir.

to be kept in good

proper and sufficient fastenings, to the satisfaction of the Inspector, for the purpose of securely fastening his spirit store, the several covers and furnace-doors, and for sccuring the tail pipes, condensing chamber, saf'es, pumps, plugs, taps, and othcr utensils belonging or appertaining to such still or distilling apparatus from use, and any Inspector or officer may at any time enter upon any distillery or premises where distillation is authorized, for thc purpose of inspecting

the same and of

locking and securing with locks of

the Cro~vn,

the still

L ~ c k ~ o f

Cram.

and several covers, and furnace-doors, tail pipes, condensing chamber safes, puinps, plugs, and taps thercof, or any or either of them, and for all such other pnrposcs as i11 the opinion of such Inspector or oWcer may bc rcyuisitc or necessary; and any sucli \vine manu- fitctnrcr or distiller who shall neglect to kecp his uteiuds in repair or to provide sufficient fastenings as abovo required, or who slid1 obstruct any Inspector or ofFicer in the discl~arge of his duty, shall be liable to a

penalty of not less t l~an

Five Pounds and not cac&ding

Pounds.

30. Every wine inanuf acturer or distiller, when requiring to make xotice 10 be given.
use of his still, shall give at least twelve hours' and not inore than seven days' ilotice thercof ~f within twenty milcs of Adelaide, and if beyond thi t distance three clear days' and not more than seven d d p ' noticc thereof, in writing, by delivery to, or by fonvarcling such notice as a registered letter tluough the Post Office, to the Inspcctor, i11 c d e r that an officer may bc in attenilmce to open the sevcral locks ancl fastenings; and such notice shall state when such wine manufacturer or distiller inteilds to commence, and the mutcrials from which he intends to distil, and a chplicatc of sucli notice shall be deliwred or posted ill like manner to the offict.i8 in charge of the nearest police station; and similar notices slittll be given within twelvc hours after ceasing to distil, so that nii officer', as aforcsaid, may attend to lock and secure

the still and spirit cellar or stowroom; and any wine manufacturer

or ilistillcr neglecting to give such notices or duplicate notices, sllall

be liable to a penalty of not less than Fifty Pounds nor more than

One I3undred Younds.

31. No spirits s1~d.l be sent, taken, or removed out of the pre- Pemitsfor^ihe*e-

~nises

of any wine manufacturer or any distiller except between thc mO'al "

hours of nine in the forenoon and four in the afternoon, nor without a permit to removc the saine, signed by ail Inspector or officer, sucli permit to contain the mannfacturcr's or distiller's name, a statement of the place from whcnce such spirits are to bc removed, a description of the vcssel or vessels in which sucli spirits are contained, and the quantity of spirits contained in every such vessel or ~esscls, and the name and resid~ncc of the person or persons to whom such spirits are to be delivered or forwarded, and such permit shall also specify the time during which the saine is to continue in force: Provided that such permit shall not bc granted by the Inspcctor o~ officcr, -for thc rc\~nnvd of :my q)irit 1vliich
.;hall
39" & 40" VICTORIB, No. 53.
The Distillation Act.-1 876.

Par,~

shall not have been previously lodged and deposited in the cellar or store-room of such wine manufacturer or distiller, nor in a less quantity than ten gallons.

S?' '

mta removed

32. All spirits removed from the premises of any wine manu- facturer or distiller without a permit as aforesaid, or except between the hours mentioned in the last, preceding clause, may be seized and forfeited, together with the cask, casks, or packages in which the same shall be contained, and the carts, drays, or other conveyances, and the horses or other animals employed in removing the same.

w~thout	permit va
be seized.

Unlawful permits.	33. Every permit used for any purpose whatever other than to accompany the removal and delivery of the spirits for which such pcrrnit was obtained and granted, and at the time limited and to the place expressed in such permit, shall be deemed and taken to be an unlawful permit.
Officers may stop per-

son* removing spirits

34. Any Inspector, or officer, or police constable, may stop and

and examine perm;ts.

detain any person who shall be found removing or carrying any spirits of any kind from the premises of any wine manufacturer or distiller, and may demanci the production of the permit or permits as aforesaid accompaying such spirits, and on bein6 satisfied that the spirits are the same in qaantity, quality, sort, or kind, and strength, as expressed in such permit or permits, and that the duty payable in respect thereof has been paid or secured to be paid for the same. such Inspector, officer, or police constable shall cndorsc on such permit or permits the time, hour, and place of such examination, and shall sign his name thereto; and if any person so found removing or carrying away such spirits which are required to be accompanied with a permit shall refuse or neglect to produce such pcrrnit or permits as aforesaid immediately on being required so to do by any Inspector, officer, or pdictt constable, or shall be found removing or carrying any such sgirits without a lawful permit, every such person shall for every such offence be liable to a penalty not exceeding One

may, and he is hereby authorized, empowered, and rcquired

Hundrec! Pounds; and such Inspector, officer, or police constable

to stop, arrest, and detain every such person, and to convey the said person, together with the spirits so found, before one or more Justices of the Pewe residing near to the place where any

such person shall be stopped or arrested: and such Justice or

Justices of the Peace may, and he and they is and are hereby required, and shall have full power and authority to hear and determine in a summary way any information against any such person so stopped and arrested under the provisions of this Act, and on the confession of any such person, or upon proof on oath by one or more credible witness or witnesses, convict such person in mch penalty as aforesaid.

Notice of making or

35. No wine manufacturer nor distiller. nor any other person, shall commence to make, or to land out of any ship, any kill, still-head, worm, or other utensil for distilling whatsoever, without having

importing still.

first

39" & 40" VICTORIB, No. 53

The Distillation Act.-1 87 6.

first given notice thereof in writing to the Inspector or Collector

pAn* ,

of Customs; and every such notice shall set forth as near as possible the number of gallons which such still is capable of containing, and every person who shall commence to make, or who shall land out of any ship, any still, still-head, worm, or other utensil for distilling whatsoever, without having first given such notice as aforesaid, shall forfeit and pay a penalty not less than Ten Pounds and not ex- ceeding Fifty Pounds.

36. No wine manufacturer nor distiller, nor any other pcrson, Noticeof sellingstill.
shall part with or sell any still, still-head, worm, or other utensil for distilling, either separately or as part of any house, building, premises, or place in which any still shall have been erected, without having given notice in writing to the Inspector of the name and residence
of the transferee or purchaser thereof, and also of the number of
gallons which such still is capable of containing, under a penalty of not less than Twenty Pounds and not exceeding Two Hundred Pounds.

shall erect or set up any still without having first given notice in still.

37. No wine manufacturer nor distiller, nor any other person, Notice of setting up

writing to the Inspector of his intention so to do, which notice shall set forth the number of gallons which such still is capable of con- taining, the name and residence of the owner thereof, the place in which it is intended to erect and set up the same, and the purpose for which such still is to be used. And evcry wine manufacturer, distiller, and other pcrson who shall erect and set, up any still with- out having first given suc'h notice as aforesaid, or shall knowingly give an incorrect notice, shall bc liable to a penalty not less than Ten Pounds and not exceeding One Hundred Pounds, unless such wine manufacturer, distiller, or other pcrson shall at the time hold a valid licence under any Act in force for the time being relating to distillation.

38. No distiller, wine manufacturer, or other person licensed Stile not t~ be

removed without par-

n;sBion,
under this Act, shall remove or alter any still without the permission still shall forfeit and pay a penalty not less than Twenty Pounds and not exceeding Two Hundred Pounds.
of the Inspector; and any Inspector is empowered to visit and in-
spect stills of all kinds at any time in the day, and should any such
stills have been removed or altercd without the permission of the
39. NO distiller or wine manufacturer shall practice, follow, or use Distances betweonthe

thc trade or busincss of a brewer of ale, porter, beer, or maker of pi.rsoIlu and those of

premises of licensed

lation of spirits, 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 for the distillation of spirits, under a penalty of One

cordials, within the premises on which there is a still for the distil- brewers. carried on: Provided that the Treasurer may, if hc think fit, grant

permission

39" & 40" VICTORIA$, No. 53,

The Distillation Act.-1876.
permission in writing to any distiller or wine manufacturer to carry on the trade or business as aforesaid at a less &stance from the premises on which there is a still for thc distillation of spirits than one hundred yards, upon satisfactory proof being given to him t,hat the carrying on such trade or business at a less distance will not be conducive to any violation of the provisions of this or any Acts relating to the revenue.

PART

v.-Rcspecting

Duties on Spirits:

Rato of duty.

40. From and after the passing of this Act, thc duty payable upon a11 spirits that may be distilled in thc said Province from grapes, fruit, or wine, shall be six shillings and ninepcnce for every gallon; and such duty shall be paid upon the standard gallon-measure of spirits of the strength of proof by Sykes's hydrometer, and so in proportion for any greater or less atrcngth than proof, and also upon any deficiencies ascertained in the manner herein directcd.

Spirits may be used

41. Any Inspector may, by writing under his hand, permit spirits lodged in any spirit store, cellar, store-room, or bonded warehouse as aforesaid, to be used for the purpose of dissolving resins arid gums for varnishes and other like manufacturing purposes for which methylated spirits are used and required; and for thd t pur- pose such spirits so to be used shall be rnixcd with purified mood naptlm, h such quantities and of swh quality as such Inspector shall direct, so thxt such spirits SO methylated shall be rendered wholly unfit for hvlman consumption; a d such spirits so methylated may be delivere?& out of such cellar, store-room, or bonded ware- house without payment of duty: Provided that thc process of niixing hereinbefore mentioned shall bc performed under the super- vision and in the presence of an officer of Customs appointed to superintend the same: Provided also, that any Inspector may t~llow spirits distilled under this Act to be rendered unfit for hutwn consumption by thc addition of such drugs ns may be deemed

for varnishes,

necessary, and to be clcarcd free of duty for the purposcs of fuel

or illumination by burning: Provided also, that the Inspector may,

under any regulations made as hereinafter provided, allow spirits distilled undcr this Act to be cleared free of duty for the purpose of behg manufactured into vinegar.

Appointment of

42. The Treasurer may appoint any bonded rvarehousc which may spirits distilled under the provisions of this Act without the payment of duty; and the spirits so lodged shall be subject to the same rules and regulations in respect to regauging and leakage, as importcd spirits when in bond in any bonded warehouse under the provisions of the Collector or othcr chief officer of Customs.

bonded warehouse,

be necessary, for the purposc of lodging therein under bond any

moved to any Colonid

Spirits mny be re-

43. Spirits warehoused or bonded, as in the last preceding section mentioned, being first duly enter~d

at the Custom House, may be

undu bond.
delivered under the authority of the Collector ox other chief officer
of
I
39" & 40" VICTORIB, No. 53.

The

Distillation

A c t. 1 8 7 6.

PART

Vf.

of Customs, without payment of duty, for the purpose of removal to any port within the boundaries of the said Province, under bond, to the satisfaction of the said Collector or other principal officer of Customs fbr the due arrival of such goods at such port, and for the payment of the duty payable thereon to the officer appointed to receive the same, upon being landed, or for the safe deposit of the same in some duly approved bonded warehouse at such port.

44. Spirits distilled in the said Province, and compounds and SpiritsandcOrdid~

may be exported.

cordials containing such spirit (if intended for exportation, and nianufrtcturcd undcr any regulations made as hereinafter provided) may be exported to places beyond the boundaries thereof without payment of duty, but the person exporting the same shall pass an entry outwards in the usual manner, and shall enter into bond in double thc amount of duty which would be payable thereon if entered for home consumption, with one sufficient surety, to bc approved of by the Collector or other chief officer of Customs, that the same shall be landed at the place for which they shall be entered outwards, or be otllerwise accounted for to the satisfaction of the said Collector or other chief officer of Customs.
45. All duties on spirits distilled in the said Province, and depo- Duties how to be
'ILid' visions of this -4ct, shall be paid to the Collector of Customs in the same manner, and under the same regulations, as for imported spirits in bond: Provided tllat in places where thcre is no CoScctor of Customs, the duties on spirits distilled in the said Province, as afore- said, shall be paid to such other officer as the Governor in Executive Council may appoint to rtxeive the same, in the same manner and
sited in bondcd warehouses under the supervision of thc Collector of

under the same rcgulatior~s

as if paid to a Collector of Customs.

PART

VIX.-Respecting

officers, seizure, procedure, and penalties:

46. The Governor may appoint some fit and proper person Appointmc,nt of

to be Chief Inspector of Distilleries, and also such and so many officer8*
Inspectors of Distilleries and other officcrs as may be necessuy for the due execution of this Act; and until such appointments shall have been made under this Act, the Inspector of Dis- tilleries, and all other officers appointed under the provisions of the Act now in force in the said Province, or the Acts hereby repealed, shall have full authority to carry into execution the provisions of this Act.
47. Any person having in his possession or under his control or gt$8fabe1a
selling, or purchasing or contracting to sell or purchase any lab& appropriate and intended for the purpose of labelling bottles con- taining spirits, such labels not containing imprinted thereon, in plain and legible characters, the words, "Bottlcd in South Australia," shall be liable to a penalty of not less than Twenty Pounds nor more than One Hundred Pounds, and all such labels shall be

forfeited.

48. Any

C

IS	39" & 40" VICTORIA$, No. 53.

PART

48. Any person who, having in his possession or under his control

AS to b o t h spirits any bottles with labels affixed thereon, shall, without destroying
in n e e d thereto. label' such labels, make use of such bottles for the purpose of bottling
spirits, shall be liable to a penalty of not less than Twenty Pounds nor more than Two Hundred Pounds for each offence; and any person knowingly selling or purchasing such spirits so bottled sM1 be liable to a like penalty for each offence.

seizure

49. Any Inspector or officer, or officer of police, police constable, or any other person appointed by the Governor, may seize any still, still-head, worm, or other apparatus or utensil whatsoe&, &ended or suited for distilling 6;. for any process of distillation, found in any house, building, premises, or place

for distillation.

what so eve^. unless the owner or occupier thereof shall hold and

produce a 'valid licence under this ~ k, or shall havc otherwise complied with the regulations arid provisions of any law in force for the time being relating to distillation; and may also seize all materials capablc of fermentat.ion, and all worts, wash, mines, spirits, and other chattel property of every kind whatsoever intendcd or suited for distilling, or for any process of distillation, found in any such house, building, place, or premises, and all such articlcs so seized as aforesaid shall be forfeitcd, unless thc same have remained on the premises pending an inquiry as to the expediency of a renewal of a licence.

Seizure of spirits.

50. Any Inspector of Distilleries, officer of Customs, or other person appointed as aforesaid, may seize all or any spirits not lawfully stored on which the full amount of duty chargeable shall not haw been paid, and all such spirits so seized shall bc forfeited.

Proceedings under

warrant.

51. In case any Inspector, or' officer, or other person duly autho- rized as aforesaid, shall have cause to suspcct that any still, in respect of which no licence shall have been granted, or any still- head, or worm, or other utensil for distilling whatsoever, or any

back, ot other vessel for making worts, or wash, or any mmts

or wash, or other material prepared or preparing for distillation,

or any spirits upon which thc full duty shall not have Fem paid, is or are set up, kept, or concealed in any house, building, premises, or place, thcn and in such case, up011 information ex-hibited by such Inspector, officer. or othcr person as aforesaid before any Justice of the Pcacc, setting forth the ground of his suspicion, it shall and may be lawful for such Justice of the Peace, before whom such information shall have bccn exhibited, if he shall judge it to Fe reasonable, by warrant under his hand and sa l, to authorize and empower such Inspector, officer, or other pemon ap- pointed as aforesaid, by day or by night (but if in the night-time, then in the presence of a constable), to break open the doors, or any part of such house, building, premises, or place, where he shall so know or suspect such still or other things as before enumerated,

to

39" Sz; 40" VICTORIB, No. 53.

The Distillation Act.-1876.

to be sct up, kept, or concealed; and to enter into such house or

P * R ~ V J,

place, and to seize all and every such still, or other such things as aforesaid; and also all goods and chattels of every kind whatsoever found within such house, building, premises, or place, and either to detain and keep the same in the house, buildmg, premises, or place where found, or to rcmovc the same to some bonded warehouse, or police office next to, or most accessible from, the place where the same shall be discovered and found, or to any other place of security, Provided that any Inspector, officer, or other person nypointcd its aforesaid, having a writ of assistancc under the hand of any Judge of the Supreme Court of the said Province, may, in company with a constable, or the Inspector, or the Collector of Customs, without such writ of assistance, in company with a Justice of the Ptxxcc, act as aforesaid without information or warrant.

provisions of this Act may, upon reasonable suspicion, stop any cart, vehicles.

52. Any Inspector, officer, or other person appointed under the Officer may stop

dray, or other vehiclc whatsoever, and examine all goods carried thereon, for the purpose of ascertaining whether any stdl, worm, or other utensil or apparatus for distilling or rectifying spirits is con- tained or carried thereon; and if no such goods shall be found, then and in all such cases the lnspector or other officer so stopping and examining such cart, dray, or othcr vehicle, having had reasonable and probable ciusc to suspect that the goods as aforesaid were contained or carried thereon, shall not on account of such stoppage and search be liable 'to any prosecution or action at law on account thereof; and any who shall obstruct or offer any hindrancc to any such Inspector or other officer,. as aforesaid in the performance of his duties shall be liable to a penalty not less than* Ten Pounds and not exceeding Fifty pound;; and should any still, worm, or other utensil or apparatus for distilling be found in or on any such dray, cart, or other vchicle without lawful permission, the same shdl be forfeited, together with the said vehicle and thc horse or horses or other cattle drawing the same, and the owner thereof shall be liable

to a penalty of not less than Twenty Pounds nor more than Onc

Hundred Pounds.

any manner obstruct any Inspector or officer, or any person acting penalty.

53. Any wine manufacturer, distiller, or other person who shall in Obstntcting Officara-

on his behalf, in the execution of any of thcir dutics, or in thc seizing of any goods liable to forfeiture under this Act, or shall rescue or cause to be rescued, or aid and abet in rescuing, any goods or per- son who or which shall have been seized or arrested, or shall attempt or endeavor so to do, or shall before or at or after any scizure steal, break, or otherwise destroy any goods to prevent the seizure or se- curing thereof, shall, upon conviction of any of the said offences before any two Justices of the Peace, be adjudged by such Justices to be imprisoned in any gaol, with or without hard labor, for any term not exceeding two years, or, at the discretion of such Justices, for every such offencc shall be Liable to a penalty not exceeding One Hundred Pounds nor less than Twenty Pounds.

54. Tf
20 39" & 40" VICTORIB, No. 53.

- -

The	Distillation A c t. 1 8 7 6.

PART

VI.

54. If

any wine manufacturer, distiller, or other person shall assault,

Officer-~en"t~~ . any Inspector, officcr, or any person acting on his behalf, every

Asaaultingorresiating or by force or violence resist, oppose, molest, hinder, or obstruct

wine manufacturer, distiller, or otllcr person so offending, or aiding, or abetting, or assisting therein, shall bc adjudged guilty of a misdemeanor, and shall be liable, at the discretion of the (hurt before which hc shall be convicted, to be imprisoned in any gaol with Lard labor, for any term not less than three months nor more than three years.
Bribes- how puaieh-

able.

55. If any wine manufacturer, distiller, or other person shall give, offer, or promise to @VC any bribe, recompense, or reward, or shall make or offer to malw any collusive agreement with any Inspector, officer, or other person authorized as aforesaid, to inducc him in any way to neglect his duty, or to conccal or connive at any act whcreby any of the provisions of this 01. any other Act now in force relating to distillation may be evaded, every such wine manufacturer, distiller, or othcr person so offending, shall, on conviction thereof, be lkble to a penalty not excccding Two Hundred Pounds, whether such gift or offer shdl be accepted or such promise pcxformcd or not; and any Inspector, officcr, or other person appointed as aforesaid who shdl directly or indirectly take or rcccive any bribe, recompense, or reward, or shall in any way neglect his duty, or conceal or connive at any act whereby any of the provisions of this or of any other such Act as aforcsaid may bc evaded, shall be liable to u penalty not exceeding Two Hundred Pounds, or shell be liable, at t,hc discretion of the Court before which hc shall be convicted, to be irnprisoncii in any gaol, with or without hard labor, for any term not exceeding twelve mont,hs.

Penalty for using atill	56. Any wine rnanufactul-er, distiller, or other person ~ v h	o shall
without licence.

have in llis possession, or on his uremiscs, or who shall make use of, any still, htcnsil, or apparatus, or any part tllorcof, for distilling or rectifying and compoundiiig spirits, without having first obtained

make use of any still, utensil, or apparatus, or any part thereof	a licence under this .Act, or, having obtained a licence. s l d l have or
respectively, as aforesaid, otlierwise than may bc authorized by such licence, shall be liilblc to a penalty of not less than One Hundred nor more than Five Hundred Pounds, together with a lorfeiturc of all such stills, utensils, and appamtus. or part thereof, and also all +
spirits and all materials from which spirits could bc distilled, and which may be found in or about such preniiscs: Provided that any wine manufacturer, distiller, or other person who may haw in his possession, at the time this Act comes into operation, any still, utensil, or apparc~tus, or part thereof, as aforcsaici, and who shall not be desirous of further or again using the same, may deposit such still, utensil, or apparatus, or part thereof, in a store or secure place, to be appointed or approved by the Treasurer, and shall not then be lirtblc to the penalties herein mentioned, in rcspect only of the same being his property.

57. Every

39" & 40" VICTORIiE, No. 53.

-- -

The Distillation Act.-1876.

67. Every winc: manufidxrer, distiller, or othcr person who shall sell or dispose of, or who shall offer to sell or dispose of, any quantity

PAW

Sellers and purchasers of illicit spirits bubject

of illicit spirits, or spirits part of which is illicit, shall be liable to a,	penhiea.
penalty of One Hundred Pounds, and the forfeiture of the spirits so sold or disposed of, or offered for sale or other disposal; and every wine manufrtcturer, distiller, or other person who shall knowingly purchase any such spirits shall be liable to a similar penalty of One Hundred Pounds, together with the forfeiture of the said spirits so purchased.

58. If any spirits or other property shall be seized or stopped for on

Onusof

claimant.

proof tobe

any cause of forfeiture. and any dispute shall arise as to ownership, or "whether the duty has been "pi& for the samc, or if any suit or action shall be brought for any nonpayment of licence or other fees under this Act, the proof of compliance with the law shall be on the owncr or claimant of such goods, or upon the defendant in any suit for payment of licence or other fees, and not on the officer who shall seize, stop, or sue for the samc.

59. This Act slnll be dcemed and takcn to be an Act relating to Acttobcdeemoda

law relating to the

the Customs, and a11 persons eniploycd in the executioll hereof, by c ustoma.
the direction of .chc Govcrnor, shdl be dcemed and taken to be
officcrs of thc Customs for the purposes hereof; and all the privi-
lcgcs, rights, remedies, enactments, protections, and provisions of the
laws for the time being in force within the said Province relating to
the Customs, and to Customs officers shall, so far as applicable, apply
in like manner to all pcrsons and thir~gs, and to all forfe'itnrcs and
penalties, and to all pxocecdings under this Act, as if the mine
were expressly herein inserted.
60. All informations for offences against thin Act may be heard ~; ~ $ i; ; ~ be
and dctcrrnined by two Justices of the l'eace in a summary way. Juattaes.

61. All penalties ~.ecovered

lulder this Act shall be applied to the q~plic?"tionof

penal-

purposes nest hereinafter mentioncd in such proportion as the

ties.

Governor in Ckmncil may direct; and in default of such direction in the proportions following, that is to say-one moicty to the Treasurer, and thc othcr rrloietv to the seizing officer, or if there be an informer as well as a seizing bfficer, one-third slldl be peid to thc Treasurcr, one-third to the seizing officer, and one-third to such informer: Pro- Proviso.
vided that all fines and penalties inflicted under this Act, in cascs where it is clearly proved that the stills can have been used for the distillation of salt water only, may be remitted by the Govcrnor.
62. The Governor, with the advice of the Executive Council, Power of Governor to

may from time to time make and publish in the Government Gazette	make regulations.
such regulations as to him shall sccm meet, for fully and effectually carrying out and giving force and effect to the various purposes, provisions, powers, and authorities in this Act contained, and may from time to time alter, rescind, vary, and amend the samc or any of

them,

f2a	39" & 40" VTCTORIB, No. 83.

The ;DistiZZation Act.-1876.

PART	them, and make other regulations in lieu thereof for more fully and effectually cqrrying out and giving force and effect to such purposes, provisions, powers, and authorities.

DazetB to	be evidence	63. The production of the Government Gazette, purporting to be
in certain	c""s*

printed by the Government Printer, in which shall be published any
regulatio.1;1 under this Act, shall be taken to be prim4 fame evidence
in alfi Courts of Justice in the said Province, of all such facts and circumstances as were or shall be necessary to authariae the making of any such regulation, and every such regulation shall be taken in all such Courts respectively as piimd facze evidence that such regulation has been made in confoxmity with tbis Act.
In the :name :and on behalf of Her Majesty, I hereby
assent to this Bill.
A. MUSGRAVE, Governor.

THE

-
The Distillatioa Act.-1876.
v
THE FIRST SCHEDULE.
Whe Manufacturer's Licence to Distil,

No.

Adelaide,

18.

I do hereby license

to use a Still, of

gallons capacity, for the purpose

of distilling spirits from the fermented juice of the grape, or other fruit, on his premises, situate

from this dale until the

day of

next ensuing, under the

provisions of &'The Distillation Act, 1876," and of any regulations framed thereunder.

And I do hereby acknowledge to have received from the said

the sum of

Five Pounds for this licence.

, Treasurer.

IdJdAXdp X0 'palsod

rnaq :wqp 03 passaa

qnnqjo pun Burauam

...

I -
THE

THE THIRD SCHEDULE.

Copy of entries in Mo?zth& vT~zrntal

LicemeJ T i n e Manufacturer, a t

, Licence No.

, Still-gallons

content, for the Month of

187

Total
quantity, in ,roof ~allons did.iUed

d;&	the
month.

a y s. .. .. . I

Etours......

nnrs ..

Days

.. .. .. I

HOU

m,.....

Hours .

rS iona tur~

nf Licensed 7Ene iManufacturer.]

THE FOURTIZ SCHEDULE.

FfirranC for Free Delicery :?f Spirit for Fort fy ing TJ'i'ise.

gallons of unfortified wine, the p~oduce

of his own or some other South Australian Vineyard, is

, having in his possession

entitled to clear

gallons o l Colonial distilled spirit free of duty for fortifying ss rh wine: You are therefore hereby authorized to deliver such an

amounthf Colonial distilled spirit from any bonded warehouse, in one or more lots, upon the requirements of "The Dihiillario.

Act, 1876," in this behalf

beiug complied with.

Chief Inspector of Distilleries.

S3iri t~

cleltbered under nuthority of this Warrant.

Date.

h o r n nhat Store.

Quant~ty, m proof gallons.

By whom de!ivered.

-p

_ _ - __-

25

39" & 400 TTICTOBIB, No. 53.

The Bistillation Act.-1 676.

THE

26 39O & 40" VICTORIB, No. 53.
The Distillation Act.-1876.

THE NINTH SCHEDULE.

Licence No.

Slill _

Licensed DzstiZZer at

Copies o f entries in Monthly Journal kept by

- -

p l l o m colztent,for the Month of

187

I	Totnl quantity in proof gallons disposed of during the month-

showing the manner in which the m

has

Total

been disposed of.

stock

Inanti@

Date of notice

quantity,

m hand. in

,f wine

of commencing

Date %ven

~~t~ gven

Materials m proof

rortfied

and Of hnxin?

in such notice

in such notlce

Days whcn actually didfiling, and n u n ~ h ~ l

distilled

gailons,

Used in

during

rear 18

. ceased to disill

for Com-

hours' n ork in each dnp.

from,

&%3

un hand

the

being posted

mencin to

during thl

rom 1st Fortify-

Duty

Neth

the

3sed for

Leansin:

month.

or dellr-ercd,

distif.

month.

ipg

paid.

and where.

ame.

18teZ f $ c b

&c.

-- --

I vinegar.

THE TENTH SCHEDULE.

Licence to an Apothecary, Chemist', Pnrggist, Jfanufaeturer, Photographic Artist, or 3fake.n. of Perft~ries.

xo.

Adelaide,

do h e r e b ~

license

to use a still, of

from this date until the

gallons capacity, for the

day cf

pmpose of distilling for the purposes of his trade only, on his ~remises,

situate at

next ensuing, under the provisions of

The Distillation Act 1876," and of any regulations framed thereunder.

And I do hereby acknowledge to have receired from the said

the aum of Five Pounds for this licence.

,	Treasurer.

28 39" & 40" VICTORLB, No. 53.
The Distillation Act.-187 6,
THE ELEVENTH SCHEDULE.
Production of Fresh Water by DiditZutio?a.

No.

Adelaide,

do hereby

1' lcense to use a still of gallons capacity, only for distilling fresh water from salt water, on his premises, situate
at from this date until the day of next ensuing,
under the provisions of " The Distillation Act of 18'76," and of any regulations
framed thereunder.

And I do hereby acknowledge to have received from thc said

the

wim of Two Pounds for this licence.
Treasurer.
THE TWELPTH SCHEDULE.
TaUe of Feed for Licences.
3 S. d.

Por every Wine Manufiloturer's Licence

..........................................

0 0

For every Distillation Licence

.. .. .. .. .

........................... 50 0 0

For every liccnco to kecp and use a sLill. for medical, c h e m i d asmy, photographic
or scientific purposes, or for distilling yrfumes, or other manufacture whore a still is

necessary, and in w h i ~ h

no spirits arr. made..

..................................

0 0

For cvcry hence to distil frebh water f r ~ m

salt water

.............................

0 10 0