Distillation Act 1897 (NSW)
Act No. 27, 1897.
An Act to consolidate the Laws relating' to the distillation, rectifying', and compounding of spirits; the prevention of unlawful distilla- tion ; the protection of the Revenue arising from the duties on spirits ; and the authorisa- tion and regulation of the warehousing under bond and the exportation free of duty of spirits distilled within the Colony of New South Wales, [m December, 1897.]
| Assembly of JSew South Wales in Parliament assembled, and by the | I~)E it enacted by the Queen's Most Excellent Majesty, by and with | J |
the advice and consent of the Legislative Council and Legislative authority of the same, as follows : —
PART I.
Preliminary.
1. This Act may be cited as the " Distillation Act, 1897," and is divided into parts and divisions, as follows:—
PART I.—Preliminary—ss. 1-3.
PART II.—Licenses—ss. 4-26.
o PART PART III.—Distillation, rectifying, and compounding of spirits—
Warehousing and exportation of spirits.
DIVISION 1.—Distillers and Distilleries—ss. 2 7 - 3 8 .
DIVISION 2.—Distilling apparatus—Process of distillation—•
ss. 3 7 - 7 2 .
DIVISION 3.—Provisions relating to duty on spirits—ss. 7 3 - 8 9 .
DIVISION 4.—Removal of spirits—ss. 9 0 - 9 3 .
DIVISION 5.—Bonding warehouses—Exportation of spirits—
ss. 9 - 1 - 1 0 3 .
DIVISION 6.—Provisions relating to the rectifying of spirits—
ss. 1 0 4 - 1 1 0 .
PART IV.—Prevention of unlawful distillation—Protection of Revenue.
DIVISION 1.—Proceedings in respect of unlicensed stills, 8fc.—
ss. 1 1 1 - 1 1 9 .
DIVISION 2.—Notice of making, importing, selling, or setting up
stills—ss. 1 2 0 - 1 2 2 .
DIVISION 3.—Brewers and Spirit Merchants—ss. 1 2 3 - 1 2 7 .
PART V.—Sale of colonial brandy—ss. 1 2 8 - 1 3 2 .
PART VI.—Miscellaneous provisions and procedure—ss. 1 3 3 - 1 5 7 .
2. The Acts mentioned in the First Schedule to this Act, to the extent therein expressed, are hereby repealed, but such repeal shall not prejudice or affect the validity or duration of any certificate or license lawfully made or granted under any such Act.
All licenses granted under any such repealed Act shall be held in all respects, and all renewals thereof shall be applied for, under and subject to the provisions of this Act, unless hereinafter otherwise specially provided for.
All regulations made under the authority of any such repealedAct and being in force at the passing of this Act shall be and continue
in force hereunder, and shall be deemed to have been made under the authority of this Act. 3. (I) In this Act, unless the context or subject matter other wise indicates or requires, the following terms shall have the meanings hereby assigned to them respectively—
" Collector of Customs," the Collector or other Chief Officer of
Customs.
" Feints," all spirits produced by the re-distillation of low wines
or any further re-distillation.
"Illicit spirits," all spirits made contrary to this Act, and upon
which the full duty has not been paid.
" Low wines," all spirits of the first extraction drawn and produced
by one distillation of wash. "Officer,"
" Officer," an inspector of distilleries appointed by the Governor. " Premises," when used in Parts I, II, I I I and VI, all t he space
inc luded within the Avail or pa l ing referred to in section nine
of th is Act.
"Proof," the convent ional degree of s t r eng th of spirits indicated
as such by the i n s t r u m e n t called Sykes' Hydrometer.
" Spent wash," the l iquor which r emains in the wash still af ter
the low W ines have been ex t rac ted by dist i l lat ion.
" Spirits," inc ludes b randy , rum, gin, low wines, feints, and all
descript ions of spir i tuous l iquors whatsoever .
" Wash," all ma te r ia l in tended to be used in the process of dist i l lat ion af ter the same has been mashed , and after fer m e n t a t i o n has commenced therein , and before t he same has been distilled.
" Worts," all material in tended to be used in the process of distilla t ion af ter the same has been mashed , and before fermenta t ion has commenced there in .
(II) Any person m a k i n g or keep ing any wash prepared or fit
for dist i l l ing or m a k i n g low wines or spiri ts , or any IOW W ines and feints, or hav ing in his custody or use any still , shal l be deemed and t aken to be, and is hereby declared to be, a distiller l iable to the dut ies , and to the several penal t ies , fines, and forfeitures imposed by th i s or any other Act nOW or hereafter in force re la t ing to the charging of dut ies , or to the distillation of spirits illicit or o therwise.
PART II . Licenses.
4. Prom and after the passing of this Act it shall not be lawful
for any person, except as hereinafter provided, to carry on the business
| or to make use of any still or other utensil for distilling, or for | of a distiller or a rectifier and compounder of spirits, or to have, keep, | |
| rectifying and compounding spirits, except in such places as the Governor shall appoint or direct by proclamation, to be published in the Gazette, under a penalty of not less than one hundred pounds nor more than five hundred pounds. | ||
| utensil for distilling or for rectifying and compounding spirits in NEW 1 5. Whosoever shall have, keep, or make use of any still or other | ||
| South Wales w i thout first having obtained a license for keeping or using the same from the Colonial Treasurer, or other person appointed by the Governor shall be liable to a penalty of not less than one hundred pounds nor more than five hundred pounds, and shall forfeit such | ||
|
6. Any person wishing to obtain a license for the purpose of distilling, or for rectifying and compounding spirits, shall, by memorial, apply to the Governor to direct such license to be granted ; and such memorial shall state the premises upon which such distilling or rectifying and compounding is to be carried on respectively.
7. No license shall be granted in respect of any distillery not
licensed previously to the passing of this Act unless the wash still or stills is or arc capable of containing double the contents of the low wine or spirit still or stills erected therein, and no wash still shall be capable of containing less than one thousand gallons, and no low wine or spirit still less than five hundred gallons.
8. Before any license is granted or renewed to any person under this or any other Act for the time being in force relating to the distillation or rectifying and compounding of spirits, he shall produce to the Colonial Treasurer, or other person appointed by the Governor to grant such license, a certificate under the hands of three justices of the peace that he is of good character and a fit and proper person to be licensed, which certificate shall be published in the Gazette.
9. No license to distil or to rectify and compound spirits shall be granted or renewed unless it is certified by the chief inspector of distilleries, or other person appointed by the Governor,—
(a)
that the premises within which the business of distillation is to be carried on are surrounded by a substantial wall or slab paling;
(b)
that no portion of such wall or paling is of less height than six feet from the ground;
(c) that it is in good repair;
(d)
that it is in the opinion of the person granting the certificate sufficient for the purposes of security intended by this Act ;
(e)
that there is a space of five feet between it and any other building;
(f) that there is but one entrance through it; (g)
that such entrance is secured by a closely panelled door or gate not less in height than six feet from the ground; and
(A) that such door or gate is provided with sufficient locks and
fastenings.
10. The Colonial Treasurer may grant a license to distil spirits at the distillery known as the Brisbane Distillery at Sydney, notwith standing that the premises within which the business of distillation is to be carried on arc not separated by a space of five feet from any other building to the west thereof, and notwithstanding that the chief inspector of distilleries docs not certify that such space exists in that direction as by the next preceding section is required, anything in this Act to the contrary thereof notwithstanding.
11. Windows or convenient apertures shall be made for the admission of sufficient light into every part of every licensed distillery, and no license shall be granted or renewed until it is certified by the chief inspector of distilleries or other officer that sufficient light has been admitted into every part of the building.
12. Before any license is granted for the distillation or for the rectifying and compounding of spirits, a correct plan or series of plans of the whole of the premises shall be furnished to the chief inspector of distilleries or other officer for the approval of the Governor, whereon shall be figured and numbered in numerical progression every boiler, mash tun, underback, cooler, fermenting back, wash charger, low wines' charger, feints' charger, every still including the worm thereof, every spirit vat, every receiver, every safe for securing the tail pipes, every other vessel or utensil on the said premises, and whereon shall be figured every pipe, tube, trough, and pump connected with such vessels, and every drain, sewer, pipe, or tube, being upon or passing through any part of the said premises, and every vessel and utensil on the premises shall be numbered in numerical progression so that the number marked thereon respectively shall correspond with the representation thereof shown on the said plan or series of plans ; and every pipe on such plan for the conveyance of worts or wash shall be painted red, every pipe for the conveyance of feints and low wines shall be painted blue, every pipe for the conveyance of spirits shall be painted green, every pipe for the conveyance of water shall be painted black, and every pipe for the conveyance of gas shall be painted yellow, and such plans or series of plans shall be signed by the person applying for such license :
Provided however that in case the Governor disapproves of the said plan or series of plans or of any matter or thing figured thereon, it shall be lawful for the Governor to direct that the license applied for shall not be granted, and such license shall not be granted accordingly.
| or renewed, it shall be certified by the chief inspector of distilleries or 13. Before any license for the distillation of spirits is granted other person appointed by the Governor to grant such certificate— |
(a)
that there is erected upon the premises for which a license is sought to be obtained a store in which spirits when distilled shall be deposited ;
(b) that it is a solid building of stone or brick ;
(c)
that each and every window is secured with iron bars not less than one-and-a-half inch square or one-and-a-half inch in diameter, and the whole opening secured with strong close wire netting securely fixed to the satisfaction of the person granting the certificate;
(d) that there is but one door or entrance to the said store;
0)
(e)
that the said door is of solid construction, that it is provided with the means of being secured by three locks, of which two shall be furnished and the keys thereof kept by the Govern ment, and one lock furnished and the key kept by the distiller;
(f) that the vats destined for the storing of spirits within such store are elevated at least two feet from the ground, that they are so placed that the whole exterior surface and the bottom of each are open to inspection ; and
(g) that the said store is in every respect in good repair and sufficiently secure for the purposes of this Act.
14. Before any license for the distillation of spirits is granted or renewed it shall be certified by the chief inspector of distilleries or other person appointed by the Governor—
(a) that there is erected upon the premises for which a license is sought to be obtained a store or stores for the reception of sugar, treacle, molasses, malt, grain, or other material what soever which may be intended to be used in the process of distillation; (b) that each and every window is secured with iron bars not less than one-and-a-half inch square or one-and-a-half inch in diameter, and the whole opening covered in with strong close wire netting securely fixed to the satisfaction of the person granting the certificate ; and (c) that there is but one door or entrance to such store, that the door is of solid construction, and that it is provided with the means of being secured by three locks, of which two shall be supplied and the keys kept by the Government, and one lock furnished and the key kept by the distiller.
15. Before any license for the distillation of spirits is granted or renewed it shall be certified by the chief inspector of distilleries or other officer that the several vessels hereinafter enumerated and described are erected on the premises for which a license is sought
regard to their arrangement have been complied with, and every to be obtained, and that the provisions hereinafter expressed with person applying for such license shall erect and keep the several vessels hereinafter enumerated, and in the manner and for the purposes here inafter to be described, that is to say—one vessel to be called a wash charger, one other vessel to be called a low wines' receiver, one other vessel to be called a low wines' charger, one other vessel to be called a feints' charger, two other vessels to be called feints' receivers, and one other vessel to be called a spirits' receiver.
16. Before any license to rectify and compound spirits is granted or renewed it shall be certified by the chief inspector of distilleries or other officer that there is erected in connection with the still for which a license is sought to be obtained, at least one receiver which shall be
a
a close covered vessel provided with the means of being secured by locks, the contents of which receiver shall not be less than that of such still, and that the provisions contained in this Act have been complied with.
spirits shall be granted or renewed, the person or persons applying ! 17. Before any license for the rectifying and compounding of
for the same, together with two sufficient sureties, shall enter into a recognizance payable to Her Majesty in the sum of three hundred pounds conditioned for the due and faithful observance of all the laws in force in New South Wales in respect to the rectifying and com pounding spirits.
18. Licenses to distil and to rectify and compound spirits shall be issued in the Forms A and B respectively of the Second Schedule hereto, or in words to the like effect.
19. The Colonial Treasurer or other person appointed as afore said may issue a license to any apothecary, chemist, or druggist applying for the same, to keep and use on his premises a still of not more than eight gallons content for the purpose of his trade only:
Provided that every person wishing to keep such still shall notify his intention so to do to the Colonial Treasurer or other person appointed as aforesaid, Avho shall thereupon require such person, together with two sufficient sureties, to enter into a recognizance payable to Her Majesty in the sum of two hundred pounds, conditioned that he will not make use of such still or suffer it to be made use of, except for the preparation of medicines or other articles required bona fide for medical purposes, and that he will not run from any such still any spirituous liquors upon which the full duty has not been paid ; and every such person found to have in his possession any still without having entered into such recognizance and obtained such license shall forfeit and pay not less than one hundred pounds nor more than five hundred pounds.
| the same, to keep and use on his premises a still of not more than | said may, in his discretion issue a license to any person applying for 20. The Colonial Treasurer or other person appointed as afore |
| eight gallons content for any scientific purpose, or for the purpose of distilling scent or perfume from any vegetable matter which has not been submitted to the process of fermentation : | |
| Provided that every person wishing to keep such still shall notify his intention so to do to the Colonial Treasurer or other person appointed as aforesaid, who shall thereupon require such person, w i th two sufficient sureties, to enter into a recognizance payable to Her Majesty in the sum of two hundred pounds conditioned that he will not make use of such still or suffer i t to be made use of, except for such scientific or other purpose as aforesaid, and every person found |
to
to have in his possession any such still without having entered into such recognizance, and obtained a license shall forfeit and pay not less than one hundred pounds nor more than five hundred pounds.
21. Nothing in this Act contained shall prevent the maker of
wine from grapes, the produce of his own vineyard, in the Colony, from
keeping and using one still of not more than fifty nor less than twenty-
five gallons content, for the purpose of distilling brandy from such wine, or the lees of such wine, for his own consumption; provided he
obtains for such still a license from the Colonial Treasurer, or other person appointed as aforesaid, which license shall be granted only on a certificate signed by two magistrates that the person requiring the still has in cul t ivat ion and bearing a v ineyard of at least two acres in extent:
Provided that every person wishing to keep such still shall notify his intention so to do to the Colonial Treasurer, or other person appointed as aforesaid, who shall thereupon require such person, with two sufficient sureties, to enter into a recognizance payable to Her Majesty in the sum of two hundred pounds, conditioned that he will not sell or dispose of any spirits so distilled, and that ho will not use such still except for the purpose of distilling spirits from such wine or lees as aforesaid; and every such person found to have in his pos session any still without having entered into such recognizance and obtained such license shall forfeit and pay not less than one hundred pounds nor more than five hundred pounds.
22. Any such maker of wine holding a license as aforesaid may fortify the wines, the produce of his own vineyard, with the brandy distilled by him under the provisions of this Act, and may sell the wines so fortified:Provided always that no such wines so fortified shall contain a greater proportion than twenty-five per centum of alcohol of the specific gravity of eight hundred and twenty-five at the temperature of sixty degrees according to Fahrenheit's thermometer.
23. Every license granted in pursuance of this Act shall ter minate on the thirty-first day of December next following the granting thereof, and there shall be paid for and in respect of every such license
the respective sums hereinafter mentioned if such license is for the
full period of twelve months, or such smaller sums respectively as are
proportioned to the time the same shall be in force, that is to say:—
(a)
For every license granted for the distillation of spirits or for a renewal of the same the sum of ten pounds ;
(b)
For every license granted for the rectifying and compounding of spirits or for a renewal of the same the sum of ten pounds ;
(c)
For every license granted to an apothecary, chemist, or druggist, or to any person applying for a license to use a still for any scientific purpose, or for the purpose of making scent or perfume as aforesaid, or for a renewal of the same res
pectively, the sum of two pounds ; and (d)
(d)
For every license granted to a maker of wine as aforesaid, or for a renewal of the same the sum of one pound ;
and such sums respectively shall he paid by the pa r ty obtaining such license to the Colonial Treasurer or other person appointed as aforesaid, Avho upon receiving the direction of the Governor, and upon the production of the certificates hereinbefore required, and upon the execution of the recognizances hereinbefore mentioned, and upon payment of the said sums respectively by the said party or parties applying for such licenses respectively, is hereby authorised and directed to issue the same for the said term of one year and no longer.
24, Such licenses as aforesaid granted under this Act may be renewed annually from year to year upon the person so applying for such renewal paying to the Colonial Treasurer or other person appointed as aforesaid the said sums respectively, and upon receipt by the Colonial Treasurer or other person appointed as aforesaid of a certi ficate from the chief inspector of distilleries or other person appointed as aforesaid that all the regulations of this or of any other Act for the time being relating to the distillation or to the rectifying and com pounding of spirits respectively have been complied with :
Provided, however, that in case the party applying for any such renewed license has been convicted of any offence against the provi sions of this Act, or has forfeited the said recognizance hereinbefore mentioned, or that the same has been estreated for any breach of the covenants therein contained, it shall not be lawful for the said Colonial Treasurer or other person appointed as aforesaid to grant such renewwal of any former license, but he is hereby authorised and directed to refuse the same unless specially directed to issue a license by the Governor.
25. The Colonial Treasurer or other person appointed as afore said may issue a license free of all charge to keep and use a still to a certain company k n o w n as the Australian Gaslight Company, or to any other company or individual manufacturing coal gas for public
use in lighting any city or t o w n w i t h i n the Colony upon being applied
to for that purpose by the said Gaslight Company, or by any other
company or person or persons manufacturing gas for the purpose aforesaid, and to be used only on the premises where the manufacture of coal gas iss carried on :
Provided that every such company or person wishing to keep
such still shall notify their or his intention so to do to the Colonial Treasurer or other person appointed as aforesaid, Avho shall thereupon require such company or person, with two sufficient sureties, to enter into a recognizance payable to Her Majesty in the sum of two hundred pounds conditioned that any such company or person will not make use of such still, or suffer it to be made use of, except for t he prepara
t ion of naphtha or spirit of coal tar or other articles required bona
fide
fide for the said purpose, and every such company or person found to have in their or his possession any still without having entered into such recognizance and obtained such license shall forfeit and pay not less than one hundred pounds nor more than five hundred pounds.
26. The Governor may prohibit the granting or renewing of any license under this Act, or may suspend or revoke or annul any such license on proof to his satisfaction that the enactments and provisions of this or any other Act for the time being relating to the distillation of spirits have been contravened, or that any officer has been obstructed or prevented in or from doing any part of his duty by the party applying for or holding any such license or renewal thereof.
PART III .
Distillation, rectifying, and compounding of spirits—Warehousing and exportation of spirits.
DIVISION 1.—Distillers and distilleries.
27. It shal l no t be lawful for any person who is the owner or part owner or who has any in teres t or sha re in a disti l lery or in any premises or concerns used for rectifying or compound ing spirits, nor for any maker of wine the produce of his OWN vineyard licensed to use a still, nor for any apo thecary or chemis t l icensed to use a still, nor for any person licensed to use a st i l l for scientific or other purposes to have or to hold a l icense to re ta i l spir i tuous or f e rmen ted l iquors , and in case any person Avho has ob ta ined a l icense for the sale of fe rmented or spi r i tuous l iquors by retai l becomes, after the ob ta in ing of such license, the owner or pa r t Owner of, or has any share or interest in, a l icensed distillery, or in a n y premises or concerns used for rec t i fy ing or compounding spirits, such license so g r a n t e d for the sale of fer
mented or spir i tuous l iquors by re ta i l shall t h e r eupon become and be
absolutely void, and the pa r ty con t inu ing to sell fe rmented or spi r i tuous l iquors by retai l af ter h a v i n g become the owner or p a r t Owner of, or after ob ta in ing an interest or share in, a l icensed disti l lery, or in any premises or concerns used for t he rect i fying or compound ing of spirits may be prosecuted and convicted as a pe rson sell ing fe rmented or spi r i tuous l iquors by re ta i l without a l icense.
28. No person, w h e t h e r he has obta ined a n y such l icense as aforesaid or not, shall pract ise , follow, or use the t rade or business of a b rewer of ale, porter, beer or g ingerbeer , wi th in the premises on which t h e r e is a still, or on a n y pa r t thereof, or on a n y o the r place or premises within one hund red yards of the said premises on which there
is a still, under a pena l ty of one h u n d r e d pounds . 29.
29. No other business or work except that of a distiller, or that of coopering or repairing casks for the removal of spirits shall be carried on within the premises of a distiller under a penalty of twenty pounds:
Provided always that the distiller may employ workmen for the necessary repairs or alterations of his premises and may have and keep a forge for the working of the iron required in such repairs or alterations.
30. If, on demand of the chief inspector of distilleries, strong safe and convenient ladders are not provided and conveniently placed, of length sufficient to enable the officer on duty to ascend to and examine, and descend from or into any vessel or utensil in such distillery, or if any such ladder is not fixed at or in any part of such vessel or utensil where such officer requires, or if sufficient light and sufficient aid and assistance arc not supplied by the distiller or his servants in locking, unlocking, opening, or removing all locks and fastenings, and also for the purpose of gauging or ascertaining the content or capacity of any vessel or utensil, or searching for and gauging all the stock on hand as well by day as by night, every distiller in whose distillery any such neglect or offence takes place shall, for every such neglect or offence, forfeit the sum of one hundred pounds.
31. If at any time the said wall or slab, paling or gate, becomes insufficient for the purposes of security intended by this Act, and the distiller does not at the demand of the chief inspector of distilleries cause the said wall or slab, paling or gate, as the case may be, to be rendered secure, and put into the condition or state hereinbefore mentioned, the distiller shall forfeit the sum of fifty pounds, and the additional sum of ten pounds for every day that the said wall or slab, paling or gate, remains in an insecure state.
32. No rubbish shall be deposited upon the premises of any be deposited in a building appropriated for the reception of the same distillery, and all materials required for the use of the distillery shall
as hereinbefore provided, except coal and fuel; and all coal or fuel shall
be so placed as not to obstruct the view of the premises, and all rubbish and any materials, including coal or fuel, which may in any way obstruct the view of the officers or conceal from view any part of the process going on in the distillery, shall be removed by and at the expense of the distiller by order of any inspector of distilleries, and be placed beyond the premises of the distillery; and if any distiller neglects to conform to the provisions of this section, or fails forthwith to remove any such rubbish or materials including coal or fuel as aforesaid when required so to do by any inspector of distilleries, he shall forfeit and pay the sum of twenty pounds for every such offence.
33. Upon the premises of every distillery there shall he an office fit and proper for the safe custody of the Government hooks, accounts, and instruments, and convenient for the accommodation of the officer on duty, and upon obtaining his license, the distiller shall deliver the key and give over possession of such office to the chief inspector of distilleries, and the said distiller shall thereby relinquish all right to the occupancy of such office so long as he holds a license, or there remains in the certified and registered store of the premises for which the license is granted any spirits upon which the duty has not been paid; and any distiller failing to comply with t he provisions of this section shall forfeit and pay the sum of one hundred pounds.
34. Every distiller or rectifier and compounder of spirits shall ,
immediately on obtaining his license or a renewal thereof, or not later than the seventh day thereafter, furnish to the chief inspector of dis tilleries a return in writing signed by him of every tun, back, charger, still, receiver, vat, or other vessel or utensil on the premises in respect of which he is licensed, which return shall also set forth a correct statement of the content in imperial gallons in each and every vessel or utensil as above enumerated as well as the number of imperial gallons that every inch of the height thereof is respectively capable of con taining, and such return shall not be held to be a lawful return until it has been verified and countersigned by two inspectors of distilleries, and the said return so furnished shall be kept and registered by t h e chief inspector of distilleries, and all vessels or utensils found on t he said premises, which are not stated and mentioned in the said return, shall be liable to be seized by any inspector of distilleries or other person appointed as aforesaid, and any distiller Avho commences the operation of making or brewing worts or any rectifier who rectifies any spirits before the provisions herein contained have been complied with shall forfeit and pay the sum of one hundred pounds.
35. A particular description of the said certified store for the reception of spirits when distilled shall be made and registered by t he chief inspector of distilleries in Form C of the Second Schedule hereto,
or in words to the like effect, and kept by him with the other records
of his office, and all spirits found in any place on the premises except in the said store so registered or in the vessels and utensils and in the manner hereinafter provided shall be forfeited and may be seized by any inspector of distilleries, and the distiller, on proof of spirits being found in any other place or part of the premises, shall forfeit and pay
t h e sum of forty shillings for every gallon of spirits so found. 36. A particular description of the said certified store for the reception of sugar, treacle, molasses, malt, grain, or other material which may be used in the process of distillation, shall be made and registered by the chief inspector of distilleries in Form C of the Second
Schedule
Schedule hereto , or in words to the like effect, and kept by him with the other records of his office, and all sugar , t reacle , molasses, ma l t , grain , or o ther mate r ia l capable of fe rmenta t ion , or which may be used as aforesaid, found in any p a r t of t he premises except i n the certified
s tore so regis tered shall be forfeited and may be seized by any inspector
of distilleries, and the distiller, on proof of any such mate r ia l be ing
found in any other part of the premises except in the m a n n e r herein after provided, shall forfeit and pay the sum of forty shillings for every
| h u n d r e d w e i g h t | of | mater ia l s | so | found. |
DIVISION 2.—Distilling apparatus—Process of distillation.
37. (I) Every such wash charger as aforesaid shall be a close covered vessel the capaci ty or con ten t of which shall not be less t h a n that of t he largest fe rment ing wash back, and every such wash charger shall be connected with the wash still by one close metal pipe having a cock or cocks the reon one end of which pipe shall be fixed in to the bottom of such wash charger and the o ther end thereof shall be fixed in to such still, and to such wash charger the re shall be one other close me ta l pipe having a cock thereon, one end of which p ipe shall be
fixed in to the pipe or t r o u g h communica t i ng with the f e rmen t ing
wash backs and the other end of such pipe shall be fixed in to such wash charger and such wash charger shall not have any communica
| t ion with any other vessel or u tens i l | whatever . |
(II) Every such IOW wines ' receiver as aforesaid shal l be a close covered vessel with a p u m p fixed there in for the conveyance of low wines from such receiver into the low wines' and feints ' charger and there shall be one close me ta l pipe ex terna l ly visible for its whole l eng th a t tached to and leading directly f rom the safe at the end of t he worm of the wash still and fixed in to every such low wines ' receiver so that all low wines r u n n i n g in to such pipe from such safe shall
immedia te ly be d ischarged therefrom into such IOW wines ' receiver,
| utens i l whatsoever except as aforesaid. | which receiver shall not have any communica t ion wi th any vessel or | (III) E v e r y such feints ' receiver as aforesaid shall be a |
close covered vessel with a p u m p fixed there in for the conveyance of feints from such receiver in to t h e lOW wines ' and feints ' charger , and
the re shall be one close me ta l pipe ex te rna l ly visible for the whole l eng th a t tached to and leading direct ly from the safe at the end of t he
worm of t h e low wines or spiri t st i l l and fixed in to every such feints '
| receiver so that all feints r u n n i n g into such pipe f rom such | safe shal l |
| immedia te ly be discharged theref rom into | such feints ' receiver, w h i e h |
| receiver shall no t havc a n y communica t ion | with any vessel or u tens i l |
| whatsoever except as aforesaid, |
(IV)
(IT) Every such low wines' and feints' charger as aforesaid
shall he a close covered vessel connected with the low wines' or spirit still by a close metal pipe having a cock or cocks thereon, one end of which pipe shall he fixed into the bottom of such charger and the other end shall be fixed into such still, and each such charger shall have communication with the low wines' and feints' receiver respec tively by means of (dose metal pipes, one end whereof respectively shall be fixed to each such charger and the other end whereof shall be attached to the pump or pumps to be fixed as aforesaid in the low wines' receiver and feints' receiver respectively, and such charger shall not have any communication with any other vessel or utensil whatsoever except as aforesaid.
(v) Every such spirit receiver as aforesaid shall be a close covered vessel with a pump fixed therein for the conveyance of spirits from such receiver into the spirit vats in the certified and registered store for the reception of spirits and there shall be one close metal pipe externally visible for the whole length attached to and leading directly from the safe at the end of the worm of the spirit still and fixed into such spirit receiver in such manner as that all spirits running therein from such safe shall run directly and be discharged therefrom into such spirit receiver without resting in the said pipe.
(vi) Each and every such charger and receiver shall be erected and kept in a convenient and public situation in the still house or to the approbation of the chief inspector of distilleries and exposed to open view and easy of access and inspection on all parts thereof, and each such charger and receiver respectively shall have a sufficient cover thereon with a rectangular dipping hole cut in such cover not more nor less than an inch square, and in which dipping hole there shall be placed a dipping rod to be provided by the distiller.
(VII) If any charger or receiver is made use of in any dis tillery which is not erected, kept, and constructed in manner herein directed or which has any hole therein except a trap-door in the cover thereof properly secured by the officer and a dipping hole as aforesaid,
or if any pipe or cock as aforesaid is made use of which is not placed,
kept, and constructed in manner herein directed, or if there is anycommunication with any other vessel or utensil whatsoever other than as by this Act is required, authorised, and allowed, then and in every such case such distiller shall forfeit and pay the sum of two hundred pounds and also the sum of twenty pounds for every day during which such charger or receiver or pipe or cock not strictly in accordance with the provisions of this section remains in the distillery of such distiller.
38. Every pipe or tube which, in any building or in any part of
the premises of the distillery, passes below the surface of the groundshall be enclosed in a wooden case so constructed as to admit of its
being
being opened and the pipe or tube exposed to view at the demand of any inspector of distilleries; and any distiller who fails to comply with the provisions herein contained shall forfeit and pay the sum of two hundred pounds:
Provided always that the pipes used for the conveyance of water in any of the distilleries licensed previously to the twenty- seventh day of September, one thousand eight hundred and forty-nine, shall not be affected by the provisions of this section.
39. ( 1 ) The end of every tail-pipe belonging to every still of every
distiller or rectifier or compounder of spirits shall be enclosed and secured at the expense of the distiller or rectifier or compounder of spirits in such manner and by such mechanism and means as the chief inspector of distilleries may direct; and all spirits, low wines, and feints running from such tail-pipe shall run into a safe, enclosed and secured in manner as aforesaid, and shall be thence conveyed by a pipe open externally to the inspection of the officers for its whole length into the spirits receiver, or low wines, or feints, receiver or receivers, as the case may be.
(II) (a) If, upon demand by the chief inspector of distil leries, the end of every such tail-pipe is not secured by such mechanism and means as shall be so directed; or
(b)
if the whole of the spirits, low wines, and feints coming from any such tail-pipe are not run into such safe so enclosed and secured as aforesaid ; or
(c)
if such spirits, low wines, and feints respectively, and every part thereof, are not conveyed from such safe into the spirits receiver or low wines, or feints, receiver or receivers, as the case may be, directly and by such pipe as aforesaid ; or
(d)
if, on the demand of the proper officer, all the expenses incurred by providing and repairing or altering such mecha nism, or means of enclosing the end of such tail-pipe and safe as aforesaid, are not paid by or on behalf of such distiller or rectifier to such officer; or
(e) if such mechanism and means of enclosing the end of such tail-pipe and safe as aforesaid arc not affixed and kept and
preserved affixed as aforesaid ; or
(f)
if at any time after the end of any such tail-pipe or any such safe has been enclosed and secured as aforesaid, the mechanism or means by which the same are so enclosed and secured as aforesaid, or any part thereof, is or arc destroyed or injured; or
(g)
if, by any art or contrivance, any access is gained or had without notice to and without the knowledge and presence of an inspector of distilleries to any spirits, low wines, or feints from the time of the extraction or distillation thereof until the same have been taken account of by the proper
officer in the proper receiver or receivers; or (h)
(h)
if the officer is in any manner prevented from or baffled or defeated in the taking a true account of any spirits, low wines, or feints in any vessel whatsoever;
then and in every such case the distiller shall for every such offence
forfeit and pay the sum of two hundred pounds.40. Every distiller shall provide and fix to the satisfaction of the chief inspector of distilleries a proper discharge cock or plug and plug-hole in every fermenting wash back through which cock or plug hole the wash in such wash back shall, from time to time, be convoyed by a main pipe or open trough into the wash charger, and such main pipe or trough shall be placed and fixed in such manner that all wash or liquor put therein shall forthwith run and be discharged from thence into such wash charger, and not elsewhere, except by a sewer cock fixed on such main pipe and properly secured and fastened ; and there shall not be any other pipe or conveyance entering into or passing out of any such wash fermenting back except the pipe or trough for conveying wort into such fermenting back from the coolers, and if such discharge cock or plug is not provided and fixed as afore said, or if such main pipe or open trough is not placed and fixed as aforesaid, or if there is any other pipe, conveyance, or cock to or from any fermenting back, except as aforesaid, then and in every such case such distiller shall forfeit and pay the sum of two hundred pounds:
Provided always that nothing herein contained shall prevent any distiller from placing any close metal pipe or pipes in, but not opening into, any wash back for the purpose of conveying through such back hot or cold air or water for the purpose of promoting or retarding the fermentation of the worts or wash contained in such back.
41. The pipes, troughs, sluices, and cocks for the conveyance of worts into the fermenting backs of every distillery shall be secure and stanch, so that there shall be no leakage therefrom; and any distiller who fails to repair and make secure and stanch any such pipe,
trough, sluice, or cock within twenty-four hours after receiving notice
in writing to that effect from the officer on duty, shall forfeit and paythe sum of one hundred pounds.
42. Every distiller or rectifier shall, at his own expense and charge, provide, maintain, and keep the several utensils, cocks, pumps, pipes, and troughs which are required by this Act, and shall also provide, maintain, and keep in good repair, and at his own expense and charge, proper and sufficient fastenings to the satisfaction of the chief inspector of distilleries or other officer appointed by the Gov ernor, for securing the several cocks and plugs required by this Act to be secured, and for securing the covers of or belonging to the chargers and receivers hereinbefore mentioned respectively, and also
for
for secur ing the furnace doors, p u m p s , safes, pipes, vessels, and
utensi ls permi t ted , allowed, or requi red for the purposes mentioned in
th is Act, and every disti l ler or rectifier failing herein shall forfeit and
pay the sum of one h u n d r e d pounds .
43. Any inspector of distilleries on du ty at any distillery may
lock, secure, and fasten the several coverings, fas tenings, furnace doors,
cocks, safes, pipes, pumps , p lugs , t r oughs , vessels, a n d utensi ls for
which fastenings are required to he provided in such manner as t he
chief inspector of distil leries m a y direct as aforesaid, and may keep the
same and each a n d every of them so locked, secured, and fastened at all t imes, except when they shall he opened, unfas tened, or unlocked by or in the presence of any inspector as aforesaid.
44. At or near the top of every fermenting wash back, and at
or near the top of every charger or receiver, and of every vat for s tor ing or keep ing spiri ts in the premises of any distiller there shal l be an open ing or d ipping place at which the officer m a y convenient ly t ake
his dip or gauge of the contents of such vessel, and all such backs and
vessels respectively shal l be placed and kept in convenient situations and shall be a t all times easy of access to the officer for his more readily and effectually inspec t ing and examin ing them in every p a r t and t ak ing the dip or gauge thereof, and if in any such back or vessel there is not such opening or d ipping place so cons t ruc ted and secured as
aforesaid, or if any such back or vessel is not placed and kept in a conven ien t situation and easy of access to the officer as aforesaid, or if
t h e officer is at any t ime by any means whatever, or in any m a n n e r whatever prevented from ascer ta in ing the quan t i ty and grav i ty or either of t hem of a n y wort or wash, or the quan t i t y or strength of any low wines, feints, or spiri ts , t h e n and in every such case such distiller offending there in shall forfeit and pay the s u m of two hund red pounds.
45. If t he size, situation, or posit ion of a n y vessel, utensil, or
pipe is in any m a n n e r altered at any t ime after such r e t u r n or p l an as is requi red by th is Act has been made or given thereof, unless on such
| distiller or rectifier offending there in shall forfeit and pay the sum of | notice as is here in provided, t h e n in each a n d every such case such |
| two hund red pounds : |
Provided always that such distiller or rectifier m a y alter t he
size, s i tuat ion, or position of any such vessel or u tens i l or pipe, or m a y
erect and set up any new vessel, u tensi l , or pipe on receiving permis
sion in writing f rom the chief inspector of distilleries of such i n tended al terat ion, specifying the pa r t i cu la r vessel, utensil, or pipe, and the
size, s i tuat ion, or position which is intended to be altered, and m a k i n g
r e t u r n of such vessel, utensil , or p ipe in m a n n e r hereinbefore men tioned, and conforming in all respects to the regula t ions in th is Act
contained in that behalf.
P 46. 48. The Governor may permit and allow any distiller or rectifier working under the regulations of any Act or Acts in force prior to the twenty-seventh day of September, one thousand eight hundred and forty-nine, to keep or use such of the vessels already fixed or used in the distillery of such distiller or rectifier as are reported by the chief inspector of distilleries to be secure and adapted to the purposes for which such vessels arc prescribed or required by this Act, and no distiller or rectifier to whom such permission is granted shall be liable to any of the penalties imposed by this Act in respect of such distiller or rectifier keeping or using any such vessels so permitted, although the same may not be conformable with the provisions of this Act, anything hereinbefore contained to the contrary notwith standing.
47. Whenever any inspector of distilleries has reason to suspect that any fraud is practised against the revenue, or against the provisions of this Act, he may direct that the water contained in any worm tub belonging to any still at any time when such still is not at work shall be drawn or run off, and that the tub and worm shall be cleaned by the distiller or rectifier, his servants or workmen, and if the water is not so drawn or run off at the direction of such officer, and the tub and worm forthwith cleaned and the water kept and continued out of such worm and tub for the space of two hours or until the officer has finished his inspection and examination of such tub and worm therein, the distiller or rectifier at whose distillery such worm tub is situate shall forfeit and pay the sum of two hundred pounds, and such officer may draw or run off, and keep drawn or run off, such water or so much thereof and for so long a time as he thinks necessary.
48. The said certified and registered store for the reception of material to be used in the process of distillation may be opened for the purpose of admitting such material between the hours of eight in the morning and four in the afternoon only, and all such material previously to such admission into the said store shall be weighed by
inspector of distilleries who shall take account thereof, and the said the distiller or his servants in the presence and to the satisfaction of an store shall be opened for the delivery of such material for the purpose of mashing; between the hours only of six in the morning and three in the afternoon, and immediately after such delivery such material shall be weighed by the distiller or his servants in the presence and to the satisfaction of an inspector of distilleries, who shall take account thereof, and the material so weighed, shall within one hour thereafter be conveyed into the underback or mash-tun of the distillery, and any such distiller offending herein or failing or refusing to provide the necessary assistance for weighing such material shall forfeit and pay the sum of fifty pounds.
49. The chief inspector of distilleries shall provide a hook to he called a notice hook to he kept in every distillery or rectifying estab lishment by the distiller or rectifier, as the case may be, or by their servants, and before any notice or declaration by this Act required to be given or delivered is so given or delivered, an entry shall be made in such book stating the particulars of all such notices and declarations, and such book shall at all times on demand be delivered to any inspector of distilleries at the distillery or rectifying establishment, and if any distiller or rectifier, or any person on his behalf, to whom any such book is tendered, refuses to receive the same, or if the particulars of all such notices or declarations respectively are not inserted in such book, or if any untrue entry is made therein, or if such book or any entry therein is defaced, obliterated, or altered by any such distiller or rectifier, or by any person employed in the distillery or rectifying establishment, or if such book is not at any time delivered to any inspector of distilleries on his demanding the same, then, and in every such case such distiller or rectifier shall forfeit and pay the sum of two hundred pounds.
50. Any notice or declaration which is given or served by or on behalf of any distiller or rectifier upon any person upon whom the same ought to be given or served, shall, according to the true intent and meaning of such notice and declaration, be taken to be good and effectual as against such distiller or rectifier, although such notice or declaration is not in the form or does not contain the several par ticulars or is not given or served on the person within the time by this Act prescribed or appointed for giving or receiving the same, and upon the trial of any information or other proceeding relating to or in any manner touching or concerning any such notice or declaration it shall not be competent to or for such distiller or rectifier to allege any imperfection or defect in any such notice or declaration or in giving or serving the same.
51. No distiller shall commence mashing without having first
served a written notice of at least sixteen hours on the officer on duty,
| spec ifying therein the back or backs which he intends to set up, and | the material and the weight thereof which he intends to use in the |
| twenty-four hours next following on the expiration of the said sixteen hours, and similar notice shall be given from day to day of every such mashing under a penalty of one hundred pounds : | |
| Provided, however, that for every day after the first day a notice of at least six hours shall be sufficient instead of sixteen. | |
| 52. No distiller shall add to the worts contained in anyfermenting back any composition for exciting fermentation except after having served one hour's notice thereof on the officer on duty, and in the presence of such officer, and in any quantity not exceeding the propor tion of ten gallons of any such composition to one hundred gallons of any such worts : Provided |
Provided, however, that at any time before the declaration first hereinafter mentioned the distiller may make use of spent wash in the preparation of worts in any quantity not exceeding the proportion of twenty gallons of such spent wash to one hundred gallons of any such worts, and any distiller offending against the provisions or enactments herein contained shall forfeit and pay the sum of two hundred pounds.
53. Before any worts are conveyed from the cooler into any fermenting back, the distiller shall give notice thereof to the officer on duty, which notice shall specify the back which is intended to be filled or set up, and any distiller failing herein shall forfeit and pay the sum of fifty pounds.
54. Any such saccharometers may be used for ascertaining the specific gravity of wort or wash under this Act as shall from time to time be prescribed for that purpose by the Governor, and every degree of specific gravity to be ascertained by any saccharometer under the provisions of this Act shall be calculated in the following manner, that is to say, that distilled water being assumed as unity at the temperature of sixty degrees by Fahrenheit's thermometer, every degree of such specific gravity shall be correspondent to a thousandth part of the specific gravity of such water, and all wort or wash shall for the purposes of this Act be deemed and taken to be of the specific gravity at which the said saccharometer shall on the application thereof denote or indicate such wort or wash to be.
55. Within twenty-four hours after any worts have been conveyed into the cooler, the distiller or his servants shall deliver to the officer on duty a declaration specifying the number of the back or backs into which such worts have been conveyed, and the specific gravity of such worts in such back or backs, and the quantity thereof, that is to say, the number of inches not occupied or wetted by the worts, being the space between the upper edge on the dipping place of such back or backs and the surface of the worts, and if any worts are conveyed into and collected in any fermenting back or backs in any
other manner than as is herein directed, or if any untrue declaration is
given, or if such declaration is not given as is herein required, then, and
in each and every such case, the distiller shall forfeit and pay the sum
of two hundred pounds.56. If at any time beyond six hours after any such declaration as aforesaid has been delivered, the specific gravity of any such worts or wash is found to exceed the specific gravity specified in such declaration by five per centum, or if the quantity of any such worts or wash is found to exceed by five per centum, the quantity of wort mentioned in such declaration as the quantity collected as aforesaid, then and in each and every such case the distiller shall forfeit and pay the sum of two hundred pounds.
57. If at any t ime after any inspector of disti l leries has taken
| an accoun t of, and ascer ta ined | the | specific gravi ty and q u a n t i t y of any |
| wor t or wash in any fe rmen t ing hack, a n y wor t is found | in such hack |
or a n y wash in process of f e rmen ta t ion is found in such hack which exceeds in g ravi ty by five per c e n t u m or more the wort or wash in such back of which such account has been t aken , or which exceeds in
q u a n t i t y by five per c e n t u m or more the wor t or wash in such
fe rment ing back of which such account has been previously t aken , a l l such wor t or wash in such back shall be considered as new wort or
wash , and not inc luded in any former charge aga ins t the disti l ler in
whose possession such wor t or wash is found, and such distiller shall be cha rged with duty in respect of t he whole wort or wash in such back in like m a n n e r as such distil ler is by this Act chargeable in respect of any wort or wash not before charged, and the wort or wash of which such account has been previously t a k e n in such back shal l
be deemed to be distilled or decreased, and the distiller shall be charged
for a quan t i t y of spirits in respect of such wor t or wash so deemed to
be distilled or decreased in l ike m a n n e r as such distiller is chargeable u n d e r th i s Act for any wort or wash ac tua l ly distilled or decreased,
a n d such distiller shall also for every such offence forfeit and pay the
| s u m | of two h u n d r e d | pounds. |
58. All spiri ts shall be deemed and taken to be of the degree of
s t r eng th at which a n y hydrometer , called Sykcs' hydrometer , upon t r ia l by any inspector of distilleries or other person appointed as aforesaid, denotes such spiri t to be.
59. All wash which is made in the distillery of any distiller, sha l l be f e rmented in the f e rment ing wash backs of such disti l ler, and shall be conveyed direct ly from thence in to the wash charger , and shal l bo conveyed from such charger in to the wash still, t he re to be
m a d e or distilled in to low wines, and all low W ines shall be conveyed
direct ly from the safe a t t h e worm end of t he wash still in to t h e low
wines ' receiver, and shall from thence be p u m p e d up or conveyed in to
the low wines' charger, and shall be conveyed direct ly from such
| rc-distilled; and all feints or spiri ts produced by such re-distillation shal l | charger or chargers in to the low W ines ' or spiri t still , t he re to be |
| be conveyed direct ly from t h e safe at the worm end of the low W ines ' | |
| or spir i t still in to the fe ints ' receiver or spiri t receiver respec t ive ly ; | |
| and so m u c h of such feints as are conveyed in to such feints ' receiver | |
| or receivers shal l be pumped or conveyed direct ly from thence into | |
| the low W ines ' charger or feints ' charger , a n d shall be conveyed | |
| direct ly from such charger or chargers in to the low W ines still to be | |
| re-distilled, and the produce of t h e las t -ment ioned re-distillation and of | |
| every other re-dist i l lat ion, shall , in l ike manne r , be conveyed directly | |
| from the safe at the worm end of t he low W ines ' or spirit still into the spirits' receiver, or into the feints ' receiver or receivers ; and no feints |
conveyed
conveyed into such feints' receiver or receivers, shall in any case he removed from thence, except by pumping or conveying such feints directly into the low wines' or feints' charger or chargers, from whence such feints shall he conveyed directly into the low wines still or stills for re-distillation, until the whole of such feints are made into spirits, and conveyed and run into the spirit receiver ; and no spirits conveyed into the spirit receiver shall he re-distilled, or shall be removed from such receiver, except into the vat or vats in the said certified and registered store for the reception of spirits.
If any distiller ferments, or suffers to be fermented, any wash, or removes or distils, or suffers to be removed or distilled, any wash, low wines, feints, or spirits, contrary or otherwise than according to the directions and provisions herein contained, or does not convey and run the whole of the spirits made or distilled by him into the spirit receiver, such wash, low wines, feints, and spirits, respectively, together with all vessels and utensils wherein the same are contained, shall be forfeited, and may be seized by any inspector of distilleries ; and the distiller so offending, shall, in every such case, forfeit and pay the sum of two hundred pounds, or twenty shillings for every gallon of such wash, low wines, feints, or spirits, so removed or distilled, and not conveyed and run into the spirit receiver at the election of the chief inspector of distilleries, or person who informs or sues for the same.
60. The wash charger in any distillery shall be thoroughly cleaned out at least once in every week, and any distiller offending against the provisions of this section shall forfeit and pay the sum of fifty pounds.
61. One hour before any wash is conveyed from any fermenting wash back in the distillery of any distiller, a notice in writing shall be given to the officer on duty, by or on behalf of such distiller, in which shall be stated the number of the back in which such wash is con tained, the specific gravity of such wash, and the day and hour when
such wash is to be removed, and such officer shall attend at the time
specified in such notice, and after he has locked the charging cock ofthe wash charger he shall remove such fastenings as prevent the con veyance of such wash from any back mentioned in such notice into the wash charger, and thereupon all the wash which is contained in such fermenting wash back shall be conveyed into such charger in manner prescribed in this Act, and such officer after having affixed and secured the fastenings which he had so removed shall be at liberty and authorised to take an account of the true quantity and specific gravity thereof in the wash charger, and shall thereupon unlock the charging cock aforesaid, and if any wash is removed before such notice has been given, or is removed or conveyed from any other back, or at any other time or manner than has been mentioned in such notice,
or
or before the officer on du ty has locked, removed or secured, respec-
t ive ly , such cocks or fastenings as beforemcntioned, and t aken account
of t h e t r u e quan t i t y of t he wash in such charger , such disti l ler shall in
every such case forfeit and pay t he sum of two hund red pounds .
62. Any such officer as aforesaid may t ake and convey away from any wash back or charger in the disti l lery of any distil ler a
sample not exceeding the quan t i t y of t w e n t y gallons of t h e wash con
ta ined in such back or charger , and m a y cause such samples of wash to be distilled into low wines in any still provided for t h a t purpose by order of t he Governor, and such officer shall gauge or measure t he quan t i t y
and ascertain t h e s t reng th of the low wines produced by the dis
| t i l la t ion | of such | w a s h : |
Provided always tha t such distiller shall be paid for any such
sample of wash a t the ra te of s ixpence for every gallon thereof, or
t h a t t he produce by dist i l lat ion of a n y such sample of wash shall
| be r e tu rned | to t h e distil ler a t t h e option of t he chief inspector of |
| distilleries. |
63. The chief inspector of distilleries may erect and keep a still in a n y disti l lery or in any place provided by order of t he Governor for
t h e purpose of dist i l l ing any such sample of wash as aforesaid, and also for the purpose of dist i l l ing in to spirits a n y wash low wines or feints seized by any inspector of distilleries a t any unlicensed dist i l lery.
64. The chief inspector of distilleries or o ther officer appointed
by t h e Governor may a t a n y time r equi re that any low wines ' receiver
in t h e dist i l lery of any distil ler shall be empt ied and cleaned out, and
that a n y quan t i t y of w a s h shall be conveyed into any wash still in
t h e dist i l lery of such distiller, and from any such wash back as such
officer shal l direct or require , in order that such wash m a y be forth
w i t h distilled in to low wines , and all persons in t he employ of such dist i l ler shall , on reasonable not ice , give and provide aid a n d assis tance
| a n d fuel to such officer at his reques t in dist i l l ing such wash | in to low | ||
| wines , and in conveying t h e whole of such low W ines direct ly in to | such low wines ' receiver which is so cleaned out , and such low W ines | ||
| shal l be kep t in such receiver u n m i x e d with a n y m a t t e r or t h i n g | |||
| |||
| a n d s t r eng th of such low W ines , and if such low W ines ' receiver is no t empt i ed and cleaned out, or if such wash is no t conveyed in to such w a s h still or from such wash back as is required by such officer, or if | |||
| such aid and assistance and fuel a re not given to such officer in t he | |||
| dis t i l l ing such wash in to low W ines , or in conveying t h e whole of such LOW W ines in to such receiver, or if such low W ines arc no t k e p t in s u c h receiver u n m i x e d as aforesaid un t i l such officer has t a k e n such accoun t as aforesaid, t hen and in every such case every such distiller shall | |||
| for each default or offence forfeit and pay the s u m of two h u n d r e d | |||
|
65, In every case, whether low wines have been produced from wash distilled in the wash still in any distillery and conveyed into the low wines' receiver in such distillery as aforesaid, or have been pro duced from any sample of wash taken by such officer as aforesaid and distilled in any still provided by order of the Governor aforesaid, such officer shall ascertain the quantity of proof spirit in and equivalent to such low wines according to the strength of such low wines, and if such quantity of proof spirits so computed exceeds in any of the respective cases aforesaid the rate or proportion of one gallon and one quarter of a gallon of proof spirits from each and every one hundred gallons of such wort or wash for and in respect of the several and respective rates of attenuation according to the composition of such worts or wash as hereinafter mentioned, then and in each and every such case respectively the distiller shall forfeit and pay the sum of two hundred pounds, and also the sum of sixpence for every gallon of wort or wash contained in the wash back from which such wash so distilled was removed or taken :
Provided always that such officer shall pay to every such distiller the value of every sample of wash which he so takes away from such distiller or return the produce thereof, and mix the; low wines with the low wines of the wash back to which they belong :
Provided also that such distiller or any person acting on his behalf may be present at the distillation of any such wash if such distiller or other person desires to be so present.
66, After any wash has been removed from any fermenting back in any distillery it shall not be lawful to remove any wash from any other fermenting back in such distillery until the whole contents of such first-mentioned back have been taken a separate account of by the proper officer in the wash charger and conveyed into the wash still, and if any wash is removed contrary hereto the distiller in whose distillery such offence is committed shall forfeit and pay the sum of
two hundred pounds. 67, It shall not be lawful for any distiller to have, receive, or
commence distilling from any wine, ale, beer, or any fermented liquorwhatsoever which has not been brewed or made in his distillery without first having served a written notice of at least two days on the chief inspector of distilleries or the officer on duty of his intention so to do, which notice shall specify the description and quantity of such liquor as aforesaid which he intends to use in the twenty-four hours next following on the expiration of the said two days, and a notice of six hours to the like effect shall be served on the officer on duty from clay to day for every day after the first day, and any distiller offending herein shall forfeit and pay the sum of two hundred pounds.
68. No distiller shall mix or suffer to he mixed in any charger,: still, receiver, or vat, or in any vessel or utensil whatsoever any worts or wash made or fermented in his distillery, or any low wines, feints,, or spirits produced therefrom with any wine, ale, beer, or any fermented' liquor whatsoever which has not been fermented or made in his distillery, or with any low wines, feints, or spirits produced therefrom, and any distiller offending against the provisions of this enactment shall forfeit and pay the sum of two hundred pounds.
69. Lamps or lights to the satisfaction of the officer on duty shall be kept burning at all hours between sunset and sunrise when, the distillery is in operation, and any distiller offending herein shall forfeit and pay the sum of ten pounds.
70. If any material capable of fermentation is brewed or mashed, or if any still is made use of in the distillery of any distiller' licensed under this Act, during any part of the Lord's Day, such distiller in each and every such case, shall forfeit and pay the sum of fifty pounds.
71. Within twelve hours after any distiller has commenced pumping any worts into the cooler, he or his servant shall deliver to the officer on duty a declaration specifying the number of the back or backs into which such worts have been conveyed, and the specific gravity of such worts in such back or backs, and the quantity thereof, i that is to say the number of inches not occupied or wetted by such; worts, being the space between the upper edge on the dipping place of such back or backs and the surface of the worts, and if any worts are conveyed into and collected in any fermenting back or backs in any other manner than is herein directed, or if any untrue declaration is given, or if such declaration is not given as is herein required, then, and in each and every such case the distiller shall forfeit and pay the sum of two hundred pounds.
| 72. In all licensed distilleries where wine is the material to be and registered for the reception of material to be used in the process | distilled from, and such wine has been taken from the store certified |
| of distillation to any distillery, it shall be lawful for the distiller at his discretion either to convey the said wine into the underback or mash tun of the distillery or to pump it into the wash charger within one hour after it is received from the said store. | |
| Provided always, that all such wine shall upon its receipt into the certified and registered store as aforesaid, and also on its removal therefrom for the purpose of distillation, be gauged in the presence and to the satisfaction of an inspector of distilleries who shall take an account thereof. |
DIVISION
DIVISION 3.—Provisions relating to duty on spirits.
73. From and after the commencement of this Act it shall he lawful to charge the distiller with duty upon the quantity of proof spirit produced by him, as well as upon any deficiency ascertained in the manner hereinafter directed.
74. At the expiration of each and every three months, and not later than the tenth day of the month next thereafter ensuing a computation shall be made, and a copy thereof served on the distiller by the chief inspector of distilleries or other officer appointed by the Governor of the quantity of proof spirit made by the distiller during any such period of three months from worts or wash mashed, fermented, or made in his distillery, and after making an allowance of five per centum upon the quantity of proof spirit which ought to be produced from such worts or wash according to the several rates of attenuation hereinafter specified, and a further allowance or charge as the case may require of two and one-half per centum on the low wines and feints on hand at the commencement and expiration of such period, the quantity so computed and ascertained shall be compared with the quantity of proof spirit which ought to have been produced from the worts or wash mashed, fermented, or made by the distiller according t o t h e several and respective rates hereinafter expressed, and as t he case m a y require according to the provisions herein contained, that is to say, for and in respect of every one hundred gallons of worts or wash which shall be mashed, fermented, or made in the distillery of any distiller from malt or grain, or any mixture of malt with grain it shall be lawful to compute a quantity of proof spirit at the rate of one gallon of proof spirit for every five degrees of specific gravity of such worts or wash which shall have been attenuated, that is to say, for every five degrees of difference between the highest specific gravity of such worts or wash as declared by the distiller, and the lowest decreased specific gravity of the same worts or wash as declared by the distiller,
pursuant to this Act previously to the distillation of such worts or or as appearing on any account taken thereof by the proper officer wash, and for and in respect of every one hundred gallons of worts or wash which shall be mashed, fermented, or made in the distillery of any distiller from sugar, molasses, or treacle at the rate of one gallon of proof spirit for every four and one-half degrees of specific gravity attenuated and ascertained in manner aforesaid, and such computation of proof spirit shall be made at the same rates and proportions of attenuation for any lesser quantity of such worts or wash, and for any less decrease of specific gravity as the case may require, and if by such computation it appears that the quantity of proof spirit produced b y the distiller, and conveyed into the certified and registered store of t h e distillery, a n d remaining on hand in low wines and feints as
aforesaid
aforesaid during the said period is less than the quantity of proof spirit which ought to have been produced from the worts or wash mashed, fermented, or made in the distillery during the same period according to the rates herein expressed then, and in every such case the distiller shall pay duty on such deficiency.
75. In preparing the quarterly computation required by the next preceding section, if the distiller shall have mashed, fermented, or made any worts or wash from any mixture of grain or malt with sugar, molasses, or treacle in which mixture the weight of the sugar, molasses, or treacle was equal to or in excess of the weight of the grain or malt, the spirits distilled from any such worts or wash shall, for the purposes of such computation, be deemed to have been produced from worts or wash mashed, fermented, or made from sugar, molasses, or treacle only, but if in such mixture the weight of the grain or malt was in excess of the weight of the sugar, molasses, or treacle, the spirits distilled from the worts or wash, mashed, fermented, or made therefrom shall, for the purposes of such computation, be deemed to have been produced from Avoids or wash, mashed, fermented, or made from malt or grain only.
76. Whenever any such deficiency is found to exist, it shall not be lawful for any distiller, after he has been served with a copy of such computation and before the production to the officer on duty of a certificate of the due payment of the full duty chargeable on such deficiency, signed by the Colonial Treasurer for the time being or other person appointed by the Governor to receive the same, cither to commence the operation of mashing or to remove any spirits out of the certified and registered store, and any distiller offending herein shall forfeit and pay the sum of two hundred pounds,
77. The aforesaid periods of three months shall be deemed to have ended w i th the thirty-first day of March, the thirtieth day of June, the thirtieth day of September, and the thirty-first day of December respectively in every year.
| 78. Between the hours of ten o'clock in the night-time of the last day of every month and six o'clock in the morning thereafter ensuing it shall not be lawful for any distiller to haA~e or keep any feints, low wines, or spirits in any vessel in his distillery except in the chargers and in the vats in the certified and registered store for the reception of spirits, nor to have or keep in any vessel any wort or wash, the lowest specific gravity of which has been declared pursuant to this Act, and any distiller offending herein shall forfeit and pay the sum of fifty pounds. |
79. Every distiller shall, in respect of all worts or wash in his distillery, be chargeable and charged according to the highest gauge of quantity which is at any time taken thereof and according to the highest amount of the specific gravity thereof at any time declared by
such
such distiller or ascertained by any inspector of distilleries without any allowance for waste, spent wash, dregs, yeast, or other matter whatso ever, and if any decrease more than five per centum takes place in the quantity of wort or wash in the distillery of any distiller the amount
of such decrease shall be deemed and taken to have been distilled by
such distiller, and such distiller shall be chargeable and charged with
a quantity of spirit in proportion to the decrease of any such wort or
wash according to the directions of this Act.80. Any inspector of distilleries may whenever and as often as such inspector deems it expedient so to do, take any sample or samples
of any wort, wash, low wines, feints, and spirits respectively, in any
back still, receiver, charger, or other vessel, or utensil whatsoever in
the distillery of any distiller, in order that such officer may ascertain the specific gravity or strength of such worts, wash, low wines, feints, and spirits respectively, and from such part of any such back still,receiver, charger, or other vessel, or utensil as the officer thinks proper,
and the specific gravity or strength of any such sample so taken shall
be and be held to be the true and correct specific gravity or strengthof the whole contents of the back still, receiver, charger, or other vessel,
or utensil from which any such sample is so taken:
Provided always that before any such sample is so taken all the
liquor contained in any such back still, receiver, charger, or other vessel,
or utensil may be stirred and mixed up and mixed together by such
distiller or any person in the employ of such distiller if he thinks fit so to do.
81. Within the certified and registered store for the reception
of spirits, the spirits shall be kept in vats only (not in casks), and no vat shall be erected in the said store which is not capable of containing at least one thousand liquid gallons, and every distiller who does not comply with the provisions of this section shall forfeit and pay the sum
of fifty pounds.
82. The proper officer shall keep a true account by way ofdebtor and creditor of the stock of spirits in the certified and registered
which is from time to time conveyed into such stock, and credit the store of every distiller licensed under this Act, and shall in such account debit such stock with the full quantity of spirits computed at proof same with the full quantity of spirits computed at proof which is from time to time sent out of such stock, and at the expiration of every month such officer shall ascertain the actual quantity or stock of spirits which is then in the certified and registered store of the distillery for the purpose of balancing the said account, and if at any time the quantity of spirits in the certified and registered store of any distiller is less than the quantity of spirits which, by the stock account kept by such officer, ought to be in the stock or possession of such distiller, every such distiller shall forfeit and pay the sum of ten shillings for every gallon of spirits which is deficient:
Provided
Provided always that no distiller shall be liable to such forfeiture in any case where such deficiency or decrease is not greater than at the rate of six per centum per annum, and such distiller proves to the
satisfaction of of the chief inspector of distilleries that such decrease
did not result from any fraud practised or intended.
83. I t shall not be lawful to mix with or add to any low wines,
feints, or spirits on the premises of any distiller, any sugar, syrup, or
any glutinous or saccharine or other matter or thing whereby the gravity of such low wines, feints, or spirits will be increased, or so as to prevent the true strength thereof being ascertained by the hydro meter, and if it is at any time found that any sugar, syrup, or other glutinous or saccharine or other matter is so mixed with or added to any low wines, feints, or spirits in the distillery of any distiller, such distiller shall forfeit and pay for every such offence the sum of two hundred pounds, and all low wines, feints, and spirits so mixed shall be
or working any unlicensed still, or who knowingly carries, conveys, or conceals, or is aiding, assisting, or otherwise concerned in the carrying,
conveying, or concealing, of any spirits upon which the full duty has not been paid, shall forfeit and pay a sum of not more than five hundred nor less than one hundred pounds.
112. Any inspector of distilleries, officer of customs, or any other person appointed by the Governor, may seize any still, still-head, worm, or other apparatus or utensil whatsoever, intended or suited for distilling, or for any process of distillation, found in any house, building, premises, or place whatsoever, unless the owner or occupier thereof
holds and produces a valid license to distil or to rectify spirits, or has
otherwise complied with the regulations and provisions of any law in
force for the time being relating to distillation, and may also seize all
materials capable of fermentation, and all worts, wash, wines, spirits, and other chattel property found in any such house, building, place, or premises, and all such articles so seized as aforesaid shall be forfeited and disposed of in manner hereinafter provided.
113. Any inspector of distilleries, officer of customs, or otherperson appointed as aforesaid, may seize all or any spirits on which the
full amount of duty chargeable has not been paid, except as may be
provided in any Act now or hereafter in force, relating to the distillation
of spirits in the Colony and its dependencies, or in any Act relating toHer Majesty's Customs, and all such spirits so seized shall be forfeited.
114. In case any inspector of distil leries, officer of customs, or o the r person appointed as aforesaid has cause to suspect t ha t any unl icensed sti l l , or st i l l-head, or worm, or o ther utensi l for dist i l l ing whatsoever , or any back or other vessel for m a k i n g worts, or wash, or o ther mater ia l preparing for disti l lation, or any spirits upon which the full duty has not been paid, is or are set up, kept , or concealed in any bouse, building, premises, or p lace , then and in such case upon informat ion exhib i ted by such inspector of distil leries, officer of cus toms, or o ther person as aforesaid before any ju s t i ce of the peace, set t ing forth the ground of his suspicion, i t shall and may be lawful for such ju s t i ce of the peace before whom such information has been exhib i ted , i f he judges i t to be reasonable, by warrant under his hand and seal to authorise and empower such inspector of distilleries, officer
of cus toms, or other person appointed as aforesaid, by day or by n i g h t
(but i f in the n igh t t ime then in t h e presence of a cons tab le ) , to break open the doors or any par t of such house, building, premises, or p lace ,
where he so knows or supects such unl icensed st i l l or o ther th ings as
before enumera ted to be set up, kept , or concea led ; and to en ter into
such house or place, and to seize all and every such sti l l or other such
th ings as aforesaid, and also al l chat te ls found within such house, build ing, premises, or place, and c i ther to detain and keep the same in the house, building, premises, or place where found, or to remove the same to the Queen's warehouse, or to the police-office n e x t to the place where the same is or are discovered and found, or to any other place of secur i ty .
115. I t shall be lawful for any inspector of disti l leries, officer of cus toms , or other person appointed as aforesaid, having reasonable grounds to believe tha t any unl icensed sti l l , or any still-head or worrm, or other u tens i l for dist i l l ing whatsoever, or any back or other vessel for m a k i n g worts or wash, or any worts or wash, or other mater ia l preparing for distil lation, or any spirits upon which the full duty has not been paid, is, or a rc set up, kept , or concealed in any house or place, then, and in such case to en ter into such house or p lace wi th
| writ o f assistance, and search for and seize any such unl icensed still or | other th ings as before enumerated, and also a l l cha t te l s found within |
| such house or p lace , and e i ther to detain or keep the same in the house | |
| or place where found, or to remove the same to the Queen's warehouse, or to the police-office nearest to the place where the same is, or a rc discovered and found, or to any other place of securi ty . | |
| 116. I t shall be lawful for any inspector of distilleries, officer, of cus toms, or other person appointed as aforesaid, to arrest or cause to be arrested, and to t ake or cause to be taken before one of the | |
| Judges of the Supreme Court o f NEW South "Wales, any person | |
| whatsoever Avho has in his custody or possession, or Avho keeps, or | |
| makes use of any unlicensed still or utensi l for distilling, or who |
unlawful ly
unlawfully makes, or is aiding, assisting, or otherwise concerned in unlawfully making any spirits, or who knowingly supplies the means,
or materials for establishing, maintaining, or working any unlicensed still, or who carries, conveys, or conceals, or is aiding, assisting, or
otherwise concerned in the carrying, conveying, or concealing of any spirits upon which the full duty has not been paid, and upon proof being given on oath to the satisfaction of the said Judge, of the
existence of a reasonable suspicion of the guilt of the person so
arrested it shall be lawful for the said Judge by order under his hand
to direct the person so arrested to be held to bail in such sum as the
said Judge shall name, to abide the event of an action, information, or other proceeding, for the offence for which the said person has been arrested, to be commenced within such time as the said Judge shall direct, and in default of bail to commit such person to gaol to abide the event of the said action, information, or proceeding as aforesaid, and such bail shall be justified in like manner and subject to the same rules as bail in actions at law is justified and subject to.
117. I t shall be lawful for any inspector of distilleries, officerof customs, or other person as aforesaid, to arrest, or cause to be arrested,
and to take or cause to be taken before any one or more justice or
justices of the peace, to be dealt with according to law, any person
whatsoever, Avho has in his custody or possession, or Avho keeps, or makes use of any unlicensed still or utensil for distilling, or Avho unlawfully makes, or is aiding, assisting, or otherwise concerned in making unlawfully any spirits, or Avho knowingly supplies the means
or materials for establishing, maintaining, or working any unlicensed still, or Avho knowingly carries, conveys, or conceals, or is aiding,
assisting, or otherwise concerned in the carrying, conveying, or
concealing of any spirits upon which the full duty has not been paid.
118. When any person has been arrested under the provisions
of the next preceding section by any inspector of distilleries, officer of customs, constable, or other person appointed as aforesaid, and taken
before any justice of the peace, if it appears to such justice that for
the purpose of preparing any information, conviction, or warrant of
commitment, there is reasonable cause to detain such person, suchjustice may, and he is hereby authorised and required to order such
person to be detained for a reasonable time, and at the expiration of
such time to be dealt with according to law.
119. I f any person so liable to be arrested as aforesaid, is not
arrested at the time of committing the offence for which he is liable to be arrested, or after arrest makes his escape, it shall be lawful for any inspector of distilleries, officer of customs, or other person appointed as aforesaid, or for any constable to arrest such person so
liable to arrest as aforesaid, at any time afterwards, and to take him before any Judge of the Supreme Court or justice of the peace to be
dealt with as aforesaid. D I V I S I O N
DIVISION 2.—Notice of making, &c, of Stills.
120. No person shall commence to make or to land out of any ship any still, still-head, worm, or other utensil for distilling whatsoever, without having first given notice thereof in writing to the chief inspector of distilleries or other person appointed as aforesaid, and every such notice shall set forth the number of gallons which such still is capable of containing, and every person who commences to make or who lands 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 sum not exceeding fifty pounds.
121. No person shall sell any still, still-head, worm, or other utensil for distilling whatsoever, either separately or as part of any house, building, premises, or place in which any still has been erected, without having given notice in writing to the chief inspector of distil leries of the name and residence of the purchaser thereof, and also of the number of gallons which such still is capable of containing, and every person who sells any such still, still-head, worm, or other utensil for distilling whatsoever as aforesaid, without having first given such notice, or knowingly gives an incorrect return, shall forfeit and pay a sum not exceeding fifty pounds.
122. No person shall erect and set up any still without having first given notice in writing to the chief inspector of distilleries of his intention so to do, which notice shall also set forth the number of gallons which such still is capable of containing, the name and resi dence 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 every person who erects and sets up any still without having first given such notice as aforesaid, or knowingly gives an incorrect return, shall forfeit and pay a sum not exceeding five hundred nor less than one hundred pounds, unless such person holds at the time a valid license under any Act in force for the time being relating to
| distillation. |
DIVISION 3.—Breioers and spirit merchants.
123. All premises in respect of which any license is obtained under the Licensing Act of 1882, or occupied by brewers or by persons selling spirits upon which the duty has been paid, and in quantities of two gallons or upwards, shall be open at all times to the inspection of any officer, officer of customs, or person appointed as aforesaid, who shall respectively have power to enter into, and to search all such premises, and if any person obstructs or molests any such officer, officer of customs, or person appointed as aforesaid, in the performance of his duty, such person shall forfeit and pay a sum not exceeding two hundred pounds.
124, I t shall not be lawful for any person engaged in the trade
or business of a brewer to carry on the trade or business of a dealer
in spirits, either by wholesale or retail, upon any premises in respect
of which a brewer's license issued under the Licensing Act of 1882 is, for the time being, in force, or on any premises situated within the distance of one hundred yards from the same, and every person offending herein shall forfeit and pay a sum not exceeding thirty pounds.
125, All spirits found on the premises of any brewer licensed
under the Licensing Act of 1882, beyond the quantity of six imperial
gallons, may bo seized by any officer, officer of customs, or person
appointed as aforesaid, and shall be forfeited, and for every gallon of spirit so seized such brewer shall forfeit and pay a sum not exceeding forty shillings.
126. Every brewer licensed as aforesaid shall cause his name to
be painted legibly, in letters not less than two inches in length, uponevery dray, cart, or other vehicle used for the purposes of his trade or business, and every such brewer who fails to comply with the regula tions herein contained shall forfeit and pay a sum not exceeding twenty pounds.
127. Any officer, officer of customs, or person appointed as aforesaid may stop any dray, cart, or other vehicle belonging to or bearing the name of or used by any brewer licensed as aforesaid, and
may examine all goods carried thereon; and any person who obstructs
or offers any hindrance to any such officer, officer of customs, or person appointed as aforesaid in the performance of his duty shall forfeit and pay a sum not exceeding fifty pounds.
P A R T V .
Sale of Colonial Brandy. 128. Any owner of a vineyard who is possessed of brandy dis
tilled from grapes, the produce of such vineyard, under the authority
contained in the twenty-first section of this Act, may apply to the
Colonial Treasurer for a permit authorising him to remove to and
place in any bonded warehouse any such brandy. And the Colonial Treasurer shall grant such permit on such person so applying, executing
a bond to Her Majesty in the penal sum of two hundred pounds,conditioned that the brandy specified therein shall, within the time limited for such purpose by such permit, be deposited in the bonded warehouse to which such permit authorises such brandy to be removed.
129. Every such permit shall state—
(a) the name and residence of the person applying for i t ;
(b)
the places from and to which the brandy specified therein is to be removed;
(c) the quantity of brandy ;
(d)
the name of the person under whose charge it is to be re moved ; and
(e) the time within which the removal is to be accomplished.
130. I f any brandy distilled under the authority of the said
twenty-first section is found in course of removal from the premises in which it was distilled without a permit or otherwise than in the manner herein provided, the same may be seized by any inspector of distilleries or officer of customs, and adjudged to be forfeited in the same manner as any goods declared liable to forfeiture for non-payment
of duty.
131. Every owner of a vineyard who may distil brandy under
the authority of the said twenty-first section shall keep at the
place of distillation for the inspection at all times on demand of
any inspector of distilleries a book in which shall be entered the date
of every occasion on which distillation takes place, the number of
gallons of spirits distilled on each occasion, and the manner in which the spirits so distilled may have been disposed of, and no permit issued under this Act shall be deemed to be a valid permit unless such book
is kept and submitted to inspection as herein provided.
132. Brandy deposited in any bonded warehouse under the pro
visions of this Part of this Act shall be liable to the payment of the same duty as is chargeable by law upon brandy imported into the
Colony, and the same may be sold and delivered out of bond cither for
export or home consumption in the same manner as brandy imported.
P A R T V I .
Miscellaneous provisions and procedure.
133. All worts, wash, low wines, feints, and spirits, and all materials, preparations, utensils, and vessels for the making thereof in the custody or possession of any distiller, or in the custody or possession
of any person or persons to the use of or in trust for him, or into whose
hands soever the same come, and by what conveyance or title soever the same are claimed shall be subject and liable to, and the same arc hereby made chargeable with all the duties in arrear or owing from time to time from or by such distiller, and shall also be subject and
liable to all penalties and forfeitures incurred by such distiller for any offence by him committed against this or any other law relating to
spirits,
spirits, and it shall be lawful in all such cases to levy thereupon such duties, penalties, and forfeitures, and use such proceedings for the
recovery or enforcement thereof as might lawfully be done in case the
debtors or offenders were the true and lawful owners of such worts, wash, low wines, feints, and spirits, materials, preparations, utensils and vessels :Provided always that when the same come into the hands and possession of any third person or persons by any bona fide sale and delivery made before any such duties have been charged or become chargeable upon or any such penalties or forfeitures have been incurred
by the distiller, by whom the same respectively shall have been so sold
and delivered as aforesaid, no such worts, wash, low wines, feints, or spirits, materials, preparations, vessels, or utensils, shall be subject or
liable to or be made chargeable with such duties, penalties, or forfeitures
as herein mentioned.134. The Governor may make such rules and regulations as he
may think necessary to carry the provisions of this -Act into effect, and may appoint such officers and other persons for that purpose as he may deem fit and proper.
135. No inspector of distilleries nor any other person employed
to carry into effect the provisions of Parts I , I I , I I I , and V I of thisAct shall be liable to serve on any jury or inquest, or in any parochial or other office, whilst he is so employed, any law, usage, or custom to
the contrary notwithstanding.
136. I f any person gives, offers, or promises to give any bribe, recompense, or reward to or makes or offers to make any collusive agreement with any inspector of distilleries, officer of customs, or other officer or person appointed as aforesaid to induce him in any
way to neglect his duty, or to conceal or connive at any act wherebyany of the provisions of this or any other Act, now or hereafter in
force, relating to the distillation of spirits may be evaded, every such
person so offending shall on conviction thereof forfeit and pay a penaltyor sum not exceeding two hundred pounds, whether such gift or offer
is accepted or such promise performed or not, and any inspector of distilleries, officer of customs, or other officer or person appointed as aforesaid who directly or indirectly takes or receives any bribe, recom pense, or reward, or in any way neglects his duty, or conceals or connives at any act whereby any of the provisions of this or any other such Act as aforesaid may be evaded, shall forfeit and pay a like penalty or sum not exceeding two hundred pounds.
137. I t shall be lawful for any inspector of distilleries, or any person acting in his aid or assistance, by night or by day, to break up any ground in any part of the distillery or premises of any distiller, or any ground near to or adjoining such distillery, or through any wall or partition thereof, or belonging thereto, to search for any pipe or cock,
or
or any private conveyance or utensil, and upon finding any such pipe or conveyance leading therefrom or thereto to break up the ground, house, wall, or other place through or into which such pipe or other conveyance leads, and break up or cut away any such pipe, cock, or other conveyance, and to turn any cock or cocks, and to examine whether such pipe or other conveyance may or can convey or conceal any wort, wash, or other l iquor fit for distillation, or low wines, feints, or spirits, from the sight or view of the officer so as to hinder or prevent him from taking or keeping a true account thereof.
138. I t shall he lawful for any inspector of distilleries, or other person appointed for that purpose by the Governor, to enter into and upon the premises of any distiller or rectifier of spirits to search for and seize any spirits the duty on which has not keen paid, and which may he kept or concealed thereon in any manner contrary to the pro visions of this Act.
139. No writ shall he sued out nor a copy of any process served upon a n y inspector of distilleries, officer of customs, or other person so appointed by the Governor as aforesaid, for anything done in the exercise of his office until o n e calendar month after notice in writing has been delivered to him or left at his usual place of abode by the attorney or agent for the party who intends to sue out such writ or process, in which notice shall be clearly and explicitly contained the cause of action, the name, and place of abode of the person who is to bring such action, and the name and place of abode of the attorney or agent, and no evidence of the cause of such action shall be produced except of such as is contained in such notice, and no verdict shall be given for the plaintiff unless he proves on the trial that such notice was given, and in default of such proof the defendant shall receive in such action a verdict and costs.
| 140. Every such action shall be brought within three calendar months after the cause thereof, and t h e defendant may plead the general issue and give the special matter in evidence, and if the plaintiff becomes nonsuited or discontinues the action, or if upon a | verdict or demurrer judgment is given against the plaintiff, the | |
| defendant shall receive treble costs, and have remedy of the plaintiff | ||
| as any defendant can have in other cases where costs are given | ||
| ||
| 141. IN case any information or suit is brought to trial on account of any seizure made under this Act, and a verdict is found for the claimant thereof, and the judges or court before whom the cause has been tried shall certify upon the record that there was probable cause of seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any action, indictment, or other suit or prosecution on account of such seizure, and if any action, indictment, or other suit or prosecution is brought |
to
to trial against any person on account of such seizure wherein a verdict is given against such defendant, the plaintiff, besides the things seized or the value thereof, shall not be entitled to more than two pence damages nor to any cost of suit, nor shall the defendant in such prosecution he fined more than one shilling.
142. I t shall he lawful for any inspector of distilleries, officer of customs, or other person as aforesaid, within one calendar month after such notice to tender amends to the party complaining or his agent and to plead such tender in bar to any action together with other pleas, and if the jury find the amends sufficient they shall give a verdict for the defendant, and in such case or in case the plaintiff becomes nonsuited or discontinues his action, or judgment is given for the defendant upon demurrer, then such defendant shall be entitled to like costs as he would have been entitled to in case he had pleaded the general issue only:
Provided always that it shall be lawful for such defendant by leave of the Court where such action is brought, at any time before issue joined, to pay money into Court as in other cases.
148. (I) All property seized under the provisions of Parts I, IT, I I I , or V I of this Act shall be deemed to be forfeited unless claimed within ten days after the same was seized, and shall be sold by public auction.
(II) All property seized under the provisions of Part IV
of this Act shall be deemed to be forfeited unless claimed within one
month after the same was seized, and shall be sold by public auction.
144. (I) All claims for property seized as forfeited under PartsI , I I , I I I , or VI of this Act shall be lodged with the Colonial
Treasurer within ten days after the seizure was made.
(II) All claims for property seized under Part I V of this Act shall be lodged with the Colonial Treasurer within one month after the seizure was made.
145. No claim to any spirits or other property seized under this
Act and returned into any of Her Majesty's Courts for adjudicationshall be admitted, and no appearance shall be permitted to be entered to any information filed for the forfeiture of any spirits or other property seized for any cause of forfeiture under this Act unless such claim or appearance is entered in the name of the owner of such spirits or other property so seized describing the place of residence and the business or profession of such owner, and if such owner resides in Sydney or within twenty miles thereof oath shall be made before one of the Judges of the Court in which such information is filed or before one of the Justices of the Bench of Magistrates before whom any cause of forfeiture is tried for spirits or other property seized as forfeited under this Act that the spirits or other property so seized were or was really and truly the property of him at the time of such seizure; but if
such
such owner is not resident in Sydney or within twenty miles thereof then and in such case such oath shall he made in like manner by the agent, attorney, or solicitor by whom such appearance is entered that he has full power and legal authority and directions from such owner to enter such appearance, and that to the best of his knowledge and belief such spirits or other property were or was at the time of the seizure thereof bona fide the property of the party in whose name such appearance is entered, and on failure thereof the spirits and other property shall be absolutely forfeited and judgment be entered thereon by default according to the usual method of proceedings of the Court in the same manner as if no appearance had been entered thereto; and every person whO is convicted of making or taking a false oath to any of the facts hereinbefore directed or required to be sworn to shall be deemed to be guilty of perjury and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.
146. Upon the entry of any claim to any spirits or other property seized for any cause of forfeiture or of any appearance to any information filed for such forfeiture, the person who enters such claim or appearance, if such claimant resides within the Colony, shall be bound by a recognizance (to be entered into before one of the Judges of the Supreme Court or a justice of the peace, before whom the said cause or matter is to bo inquired into) with two sufficient sureties in the penalty of one hundred pounds to answer and pay the costs occasioned by such claim or appearance, and if the owner does not reside within the said Colony then and in such case the agent, attorney, or solicitor by whose directions such claim or appearance is entered shall in like manner be bound with two sufficient sureties in like penalty to pay the costs occasioned by such claim or appearance.
147. All informations, suits, or actions for the recovery of any fine, forfeiture, or penalty imposed by Parts I, I I , I I I , or V I of this Act may be heard and determined in a summary way before any two or more justices of the peace or the Judges of the Supreme Court at the instance of any inspector of distilleries, and any such information,
suit, or action shall and may be filed or instituted in the name of
the Attorney General or of the chief or other inspector of distilleries,
and if a question arises whether any person is the chief or other inspector of distilleries as aforesaid viva voce evidence may be given of such fact and shall be deemed legal and sufficient evidence.
148. All penalties and forfeitures incurred or imposed by Part IV of this Act shall and may be sued for, prosecuted, and recovered by action of debt, bill, plaint, or information in any Court of Record in New South Wales in the name of the Attorney General, or in the name or names of some officer or officers of customs or inspector of distilleries, or, in cases where the penalty does not exceed the sum of one hundred pounds by information in a summary way before any two
| or more justices of the peace. | 149. |
149. Actions or suits for the recovery of any of the penalties or
forfeitures imposed by this Act may be commenced and prosecuted at
a n y time within one year after the commission of the offence by reason
whereof such penalty or forfeiture is incurred.
150. All informations before any justice of the peace for any offences committed against this or any other Act now or hereafter in force relating to the distillation or rectifying of spirits or the preven tion of unlawful distillation, and all convictions for such offences and all warrants of justices of the peace founded upon such convictions shall be drawn respectively in Forms D, E, and F, contained in the Second Schedule hereto or in words to the like effect.151. Every information for any penalty or forfeiture under this or any other Act now or hereafter in force relating to the distil lation or rectifying of spirits or the prevention of unlawful distillation, and every conviction or warrant of commitment for any penalty shall be deemed valid and sufficient in which the offence for which such penalty is inflicted, or the cause of forfeiture is set forth in the words of this or any other such Act as aforesaid, or in words to the like
effect .
152. In case of any information or proceeding under this Act or a n y Act now or hereafter in force relating to the; distillation of spirits or the prevention of unlawful distillation, the averment that the person prosecuting such information or proceeding is an inspector of distilleries or officer of customs shall be sufficient proof of the appointment of such inspector of distilleries or officer of customs without proof of the appointment of such inspector of distilleries or officer of customs, unless the defendant in such case proves to the contrary.
153. If any spirits or other property is seized or stopped for non-payment of the duties on such spirits or any other cause of for feiture, and any dispute arises as to ownership, or whether the duties have b e e n paid for the same, the proof thereof shall be on the Owner
or claimant and not on the officer who seizes or stops the same. 154. All fines, penalties, and forfeitures recovered under t h i s Act or any other Act for the time being in force relating to t h e distillation of spirits shall be paid to Her Majesty, and shall be divided and applied as f o l l o w s (that is to say) :—After deducting the charges of prosecution from the proceeds thereof, one-third part of the net produce thereof shall be paid into the Consolidated Revenue Fund ; one-third part thereof shall be paid to the informer, and one-third part thereof to the person whO sues for the same, where such fines, penalties, and forfeitures arc; recovered in consequence of information being given to the seizing officer; and when the said fines, penalties, and forfeitures are otherwise recovered, the same are to be divided
and
and applied as follows (that is to say)—after deducting the said charges, the one moiety of the net produce thereof as aforesaid into the Consolidated Revenue Fund, and the other moiety to he paid to the seizing officer or person suing for the said penalty.
Provided always that nothing herein contained shall he deemed or construed to affect or in any way to interfere with the right of Her Majesty to pardon the offender, and to remit the whole or any part of any such fine, penalty, or forfeiture as to Her Majesty seems meet.
155. If in or upon any information, suit, or action brought for the recovery of any fines, forfeitures, or penalties imposed by this Act the party is convicted and sentenced to pay such fine or penalty, and in case any such fine or penalty is not immediately paid or security given to the satisfaction of the Court or justices before whom the case has been heard and determined for the due payment of such fine or penalty, the party or parties who have been convicted and sentenced to pay such fine or penalty shall forthwith be committed to prison, there to remain for a period of not less than three nor exceeding twelve months, unless such fine or penalty is sooner paid.
156. No judgment, order, conviction, or sentence of any of the said Courts touching any forfeiture or penalty imposed by Parts I, I I , I I I , or V I of this Act shall be suspended or stayed unless a prohibition in due course of law is obtained and served upon the party intended to be restrained thereby within eighteen months from the time when such judgment, order, conviction, or sentence was given, made, or pronounced.
157. No writ of certiorari shall issue from the Supreme Court to remove any proceedings before any justice of the peace under this or any other Act now or hereafter in force relating to the distillation of spirits, nor shall any writ of habeas corpus issue to bring up the body of any person who has been convicted before any justice of the peace under this or any other such Act, unless the party against whom such proceeding has been directed, or who has been so convicted, or his
| the grounds of objection to such proceedings or conviction, and upon | attorney or agent states in an affidavit, in writing to be duly sworn, |
| the return of such writ of certiorari or habeas corpus no objection shall be taken or considered, other than such as has been stated in such affidavit; and it shall be lawful for any justice of the peace, and he is hereby required to amend any information, conviction, or warrant of commitment for any offence under any such Act at any time whether before or after conviction. |
SCHEDULES.
SCHEDULES.
FIRST S C H E D U L E .
Reference to Acts. Title or short title. Extent of Repeal.
13 Vic . N o . 20 ... A n Act to prevent unlawful distil lation, and to The whole of t he
provide for the protect ion of the revenue unrepea led sec ar is ing from the dut ies on spir i ts . t ions .
13 Vic. N o . 27
...
A n A c t to consolidate and amend the laws re la t ing to t he dist i l lat ion, rectifying, and com pounding of spirits, and to au thor i se and regu la te the warehous ing under bond, and the expor ta t ion free of du ty , of spiri ts distilled within t h e Colony of N e w Sou th Wale s , and
The whole Act .
to repeal cer ta in laws re la t ing the re to .
11 Vic. No. 22 ... An A c t to amend the law with respect to the The whole Ac t .
dist i l lat ion and expor ta t ion of spir i ts distilled in the Colony of New South W a l e s .
1G Vic. N o . 45 ... A n A c t for amending the law re la t ing to the The whole Ac t .
Dist i l lat ion of Spir i ts .
30 Vic. N o . 15 ... A n Ac t to pe rmi t the sale of b r andy distilled T h e whole Act . by the owners of vineyards from grapes the
p roduce of such vineyards .
S E C O N D S C H E D U L E .
A .License to distil spirits.
N o . Colonial Treasury .
I do issue this license to to disti l spir i ts a t t he Dist i l lery
for the t e r m of commencing from the day of in the yea r
and ending on the day of in the year u n d e r t he
regula t ions of the Ac t in such case made and provided.
And I do hereby acknowledge to have received from the said the sum of £ for this license.
(Signed) B.
License to rectify and compound spirits.
N o . Colonial Treasury . I do issue this license to to rectify and compound spiri ts a t
for the t e rm of commencing from the day of in the year
and end ing on the day of in the year u n d e r t he regula t ions of t he Ac t in such case made and provided.
A n d I do hereby acknowledge to have received from the said the sum of £ for this license.
(Signed)
C.
c.
Form of registration of spirit store or of material store.
N e w South W a l e s . Dist i l lery.
Licensed clay of A.D.
I chief inspector of disti l leries (or o ther officer appoin ted by H i s Excellency the Governor ) do hereby regis te r t he store at this disti l lery for t he recept ion of spir i ts when distilled [or of material to be used in the process of distillation as the case may be
| being a building bounded on the no r th &c. | [here give the inside measurement | of lite |
| walls and their height, &c. in feet and inches]. |
Made a n d regis tered by me this day of in the year of our Lord
| W i t n e s s — | Chief | I n s p e c t o r | Disti l leries. |
D .
Form of information before justices of the peace.
| N e w | South | W a l e s |
| to wit. | ||
| Be it r emembered tha t on t he | day of | , in t he yea r of our Lord |
, A. B. , chief inspector of distil leries (or inspector of dist i l leries as the case
may he) who is directed by the chief inspec tor of distilleries to prefer th is information,
gives i r e , , Esqui re , one of H e r Majes ty ' s jus t ices of the peace, to
| unde r s t and and be informed t h a t 0 . D., on t he | day of | in the year |
of our Lord (here slate the offence) con t ra ry to the form of the Ac t in tha t case made and provided whereby the said C. D . h a t h forfeited the sum
| of | , and the said A. B. prays t h a t I , t he said jus t ice , will proceed according to law. |
E .
Form of conviction to be used for an offence against this Act.
| New | South | W a l e s |
| to wit. | ||
| B E it remembered tha t on t he | day of | in the year of our Lord |
, an information was exhibi ted by A. B. , chief inspec tor of
distil leries (or inspector of distilleries, as the case may be) before us,
, Esqui res , two of H e r Majes ty ' s just ices of t he peace of the said
Colony, agains t C. D. , which said information charged tha t t he said C. D. , on t he
day of , in the year of our Lord (here state
| the offence as in the information) | con t ra ry to the form of the |
| Act in such case made and provided, which offence has been duly proved before us the | |
| said just ices. | W e do therefore convict the said C. D . of the said offence and do adjudge |
tha t the said C. D . ha th forfeited for his said offence the sum of
Given u n d e r our hands and seals this day of in t h e year of our Lord
E .
Form of warrant of commitment to gaol for a penalty.
| N e w South W a l e s | To A. B., constable, and E . E., the gaoler or keeper of | the |
to wit. in the
| WHEREAS C. D . has been duly convicted before us, | , Esqui res , |
| two of Her Majes ty ' s justices of the peace for the said Colony, of having |
(here state the offence as in, the information)
| A n d whereas we the said just ices did adjudge t h a t t he said C. D . h a t h forfeited | for his |
| said offence the sum of | , and whereas the said sum was no t immediate ly |
it paid paid nor security given to our satisfaction for the due payment thereof. These are therefore to require you the said A. B. forthwith to take, carry, and convey the said C. D. to the at , in the , and to deliver him into the custody of the gaoler or keeper of the said , and we the said justices, do hereby authorise and require the said E. 1\, the gaoler or keeper of the said , to receive the said C. D. into his custody and him safely to
keep for the period of unless he shall sooner pay the said sum of or otherwise be delivered by due course of law.
Given under our hands and seals at in the
this . day of in the year of our Lord
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