Distillation Act 1900 (WA)

Case
No judgment structure available for this case.

eztent Clurtratta.

AN NO SEXAGESIMO QUARTO

VICTORTJE REGINA,.

**********enes******n****4***********fleflesnl*********n

No. XVI.

AN ACT to amend and consolidate the Laws

relating to Distillation.

[Assented to, .5th December, igoos]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the Queen's Most Excellent Majesty, byand with the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as follows :—

THIS Act may be cited as the Distillation Act, 1900, and shall come into operation one month after the passing thereof.

Short title.

1.

2.

THE Acts mentioned in the First Schedule hereto are hereby

Repeal.

repealed.

Schedule I.

3.

IN this Act, unless the context otherwise requires,-

Interpretation.

" Colonial Spirits " means spirits distilled in Western Australia and liable to excise duty ;

35 Viet., 6, s. 153.

64" VICTORVE, No. 16.

Distillation.

Distillation Act,

" Distiller " means a person holding a "Distillation License,"

1884 (S.A.), s. 3.

as hereinafter defined ;

" Distillery " means the premises of any distiller or wine manufacturer where the process of distillation, or rectifying, or compounding of spirits is carried on, and all spirit stores and buildings connected therewith or appurtenant thereto ; " Feints " means spirits produced by the re-distillation of low

wines ;

" Illicit spirits " means spirits produced and made contrary to this Act, and spirits on which the full duty has not been paid ;

" Imported spirits " means all imported spirits and strong

waters liable to a duty of Customs ;

" Impurity" means any substance other than ethylic alcohol

and water ;

" Inspector " means the Chief Inspector of Distilleries ;

" Any Inspector " means the Chief Inspector of Distilleries or

any other Inspector of Distilleries.

" Low wines " means all spirits drawn and produced by one

distillation of wash ;

" Officer " means any officer of Customs, and any inspector or any officer appointed by the Chief Inspector of Distilleries for any of the purposes of this Act ;

" Premises," when used with reference to a distiller or rectifier, means any building or place Used by him and of which entry is required to be made ;

" Prescribed " means prescribed by any regulations made by

the Governor under this Act ;

" Proof " means the ordinary and conventional degree of

strength indicated as such by Sykes' hydrometer ;

" Spent Wash " means the liquor which may remain in the wash after the low wines have been extracted by distillation ;

" Spirits " means alcohol, brandy, whisky, rum, gin, low wines, feints, cordials, liqueurs, wines, and spirits of any sort, including all liquors mixed with spirits, and all mixtures, compounds, or preparations made with spirits containing more than thirty-five per centum of proof spirits ;

" Spirit Merchant " means a vendor of duty-paid spirituous

liquors, wine, or fermented malt liquors in .quantities not

64° VICTORIX, No. 16.

Distillation.

less than one gallon, and any person who exposes the same for sale in any shop, warehouse, or premises, except an auctioneer or broker selling on account of a licensed wine and spirit merchant, or brewer, or a licensed publican ;

" Still " includes the head or worm, and any part of a still or apparatus connected therewith or appurtenant thereto, and any apparatus whatever for the making, distilling, com- pounding, or rectifying of spirits ;

" Wash " means all materials in which, after being mashed for use in the process of fermentation, fermentation has com- menced, but which have not been distilled ;

" Wine " means the fermented juice of the grape ;

" Winemaker " means a person (not holding a wine manu- facturer's license) who makes wine from grapes or other fruit, and may require to purchase spirits for the purpose of fortifying such wine;

" Wine Manufacturer " means a person holding a wine manu- facturer's license as hereinafter defined ;

" Worts " includes all materials intended to be used in the process of distillation after the same have been mashed and before fermentation has commenced therein.

4. THIS Act shall be divided into Parts, as follows:

Division of Act.

PART

THE LICENSING AND WORKING OF STILLS

Distillation Act,

USED by WINE MAN UFACTURERS AND THE

1884 (S.A.), a. 4.

SUPPLY OF SP HUTS, DUTY FREE, FOR FORTI-

FYING WINE.

PART IL—OF THE LICENSING AND WORKING OF STILLS USED BY DISTILLERS, AND THE DISPOSAL OF SPIRITS.

PART III.—OF THE LICENSING AND WORKING OF STILLS FOR CHEMICAL, MANUFACTURING„/ ND OTHER PURPOSES.

PART IV.—OF LICENSES IN GENERAL.

PART V.—OF THE REMOVAL OF SPIRITS AND SUPER-

VISION OF STILLS.

PART VI.—OF DUTIES ON SPIRITS.

PART VII.—OF OFFICERS, SEIZURES, PROCEDURE, AND

PENALTIES.

64° VICTORIIE, No. 16.

Distillation.

PART 1.—OF THE LICENSING AND WORKING OF STILLS USED BY WINE MANUFACTURERS AND THE SUPPLY OF SPIRITS, DUTY FREE, FOR FORTIFYING WINE.

Wine manufacturer's

5. WHERE any person or any company is in the actual occu-

distillation license.

pation of any vineyard or orchard of not less than twenty-five acres

See 35 Viet., 6, s. 10.

in extent, in full bearing, and is engaged in the making of wine, the

Distillation Act,

Colonial Treasurer may, on the written application of such person

1884 (S.A.), s. 5:

or company, grant to such person or to an officer of the company a

Schedule 2.

license to be called a " Wine Manufacturer's License," in the form in the Second Schedule hereto. The application shall specify the size and description of the still intended to be used and shall have annexed thereto a correct drawing of such still and of the premises where the same is intended to be used.

The holder of such license is hereby authorised to keep and use upon such vineyard or orchard a still of not less than fifty gallons capacity, for the purpose of distilling spirits from the fer- mented juice of the grape or other fruit, being the produce of such or any other vineyard or orchard.

The spirits so distilled, except as hereinafter excepted, shall be used only for fortifying wines the property of and on the premises of such wine manufacturer, so that when such wines are fortified they shall not contain more than thirty-five per centum of proof spirit and shall be pure and untainted with fusel oil or other delete- rious substance : Provided that wine manufacturers may use spirits lawfully distilled by them for the purpose of washing and cleansing casks.

Certificate of

6. BEFORE such license is granted, the person applying for

applicant's fitness to

the same shall produce to the Chief Inspector of Distilleries a cer-

be produced and

tificate, signed by two Justices of the Peace or by a Resident or Police

bond executed.

Magistrate, certifying that the applicant is in actual occupation of

See 35 Vitt., 6, ss.

10, 14, Distillation

not less than twenty-five acres of land planted with vines or fruit

Act, 1884 (S.A.), s. 6.

trees, in full bearing, and is a fit and proper person to hold such license ; and the applicant shall, with two good and sufficient sureties, to be approved by the Colonial Treasurer, execute a bond to him in a penal sum of Five hundred pounds, conditioned that the applicant will not use or suffer use to be made of the still in respect of which he is licensed for any other purposes than such as are authorised by his license and further conditioned for the due observance of this Act and of all Regulations made hereunder.

Spirit cellar and

7, EVERY wine manufacturer shall provide upon his premises

store-room to be

a cellar or store-room built of stone, brick, or concrete, wherein all

provided.

spirits made on the premises, and all wines containing more than

64° VICTORTIE, No. 16.

Distillation.

thirty-five per centum of proof spirit, shall be deposited and kept

35 Viet., 6, s. 12,

securely locked by such wine manufacturer until required for the

Distillation Act, 1884

(S.A.), s. 7.

purpose of fortifying wine, or washing or cleansing casks, or blending as hereinbefore mentioned; and all spirits so made shall be conveyed into such cellar or store-room, and shall be secured in such manner as the inspector shall direct ; and all such spirits or wines found in any other place or places on the said premises than the said cellar or store-room, in quantity greater than five gallons in the aggregate, shall be forfeited, and such wine manufacturer shall thereby become liable to a penalty of Fifty pounds, together with an additional penalty of Forty shillings for every gallon of spirits so found in excess : Provided that spirits requiring to be rectified may be removed from the said cellar or store-room to the still-room for the purpose of re-distillation.

8. (1.) UPON payment of a Sixpence per gallon proof for colonial

Removal of spirits

spirits, and Two shillings and sixpence per gallon proof for

for fortifying wines.

imported spirits, any wine manufacturer may remove from such

Distillation Act,

cellar or store-room such quantity of spirits as may be required for

1884 (S.A.), s. 8.

the purpose of fortifying wines the property of such wine

See 35 Viet., 6, s. 18.

manufacturer (but so that such wines, when so fortified, shall not contain more than thirty-five per centum of proof spirit), or for washing or cleansing casks, or for blending.

(2.) All spirits so removed from such cellar or store-room for fortifying such wines or blending shall be mixed on the premises of the proprietor in the presence of an inspector or with his written permission.

(3.) Provided that, if such wine manufacturer has a surplus of spirits more than sufficient for fortifying his wines, the inspector may grant permission in writing to the proprietor to sell or dispose of the same once in every month during the year, under the supervision of an inspector or officer, upon payment of the duties chargeable on such spirits, or to remove the same to a duly licensed bonded warehouse.

(4.) Any wine manufacturer acting in contravention of this section shall be liable to a penalty not exceeding One hundred pounds.

9. EVERY wine manufacturer shall keep a journal, which shall

Return to be

be provided by the Government Printer at cost price, in the form

furnished.

in the Third Schedule hereto, showing :—

Distillation Act,

1884 (S.A.), s. 9.

The day of notice of commencing and of having ceased

See 35 Viet., 6, es.

to distil being posted and delivered, and where ;

11, 19.

The date given in such notice for commencing to distil ;

Schedule 3.

The day given in such notice for ceasing to distil ;

64" VICTORT2E, No. 16.

Distillation.

The days when actually distilling, and number of hours

at work in each day ;

The materials distilled from ;

The total quantity of proof spirits distilled during the

month ;

The total quantity, in proof gallons, on hand from last

month ;

The total quantity of proof gallons purchased for forti-

fying wine;

The total quantity, in proof gallons, disposed of during the month, showing the manner in which the same has been disposed of;

The stock on hand, in proof gallons, at the end of the

month ;

And the quantity of wine fortified during the month.

And shall, within seven days after the end of each month, deliver or send to the inspector, at his principal office, by means of a registered letter, a copy of such journal, and of the entries (if any)

schedule 1.

therein during the month just ended, in the form of the Fourth Schedule hereto, also to be provided by the Government Printer at cost price.

If any such wine manufacturer neglects to keep such journal as aforesaid, or to forward a copy thereof as aforesaid, or makes, or is party or privy to making any false entry therein, he shall be liable to a penalty of not less than Fifty pounds nor more than Two hundred pounds.

wine manufacturer

10. (1.) EVERY wine manufacturer shall, when so required,

to produce books,

produce on his premises to any inspector or officer, or any duly

answer questions,

and permit testing.

authorised officer of police, the journal before mentioned, and shall

Distillation Act,

produce and exhibit the whole of the spirits, wines, or spirituous com-

1881 (S.A.), s. 10,

pounds on such premises, and shall also permit such official to gauge

altered in form.

and take such samples as he may deem necessary of all spirits,

See 35 'Viet., 6, sec.

wines, or spirituous compounds on the premises of such wine manu-

4s.

facturer, and shall, when so directed by any of such officials, set up the casks so required to be gauged and tested for the purpose of testing or analysing, and shall truly answer all questions put by any of the officials aforesaid relative to the entries in the journal, whether such answers tend to render such wine manufacturer liable to any penalty or not.

(2.) Every wine manufacturer who shall fail to comply with the requirements of this section shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine not less than Fifty pounds and not exceeding Five hundred pounds.

64" VICTORIX, No. 16.

Distillation.

11. (r.) EVERY wine maker who desires to remove, take away, or have delivered to him any spirit for the purpose of fortifying and

Spirits to be

delivered from cellar,

store-room, and

blending wine, the produce of -Western Australia, or for washing or

bonded store in

cleansing his casks, from any cellar, store-room, or bonded warehouse,

presence of an

inspector or officer,

shall execute a bond to the Colonial Treasurer, with two sufficient

and a bond to be

sureties, to be approved of by him, in the sum of Two hundred

first executed.

pounds, conditioned for the using of such spirit only for the purposes

Distillation Act.

1884 (S.A.), s. 11,

aforesaid and only in the presence of an inspector.

altered in form.

(2.) Such wine maker, upon giving bond as aforesaid, and upon payment of a fee at the rate of Two shillings and sixpence per

See 35 Yid., 6, s. 18.

gallon proof for imported spirits, and Sixpence per gallon proof for

colonial spirits, may obtain from the Chief Inspector of Distilleries his

warrant for the delivery of such spirits in the form contained in the

Fifth Schedule hereto, and every person receiving such delivery shall

Schedule 5.

use such spirits only for the purposes aforesaid, and on his own

premises, and in the presence of an inspector or officer.

(3.) Every person who acts in contravention of this section shall be guilty of an offence, and shall be liable, on conviction thereof, to a fine not exceeding One hundred pounds.

12. BY the permission of the inspector, and in accordance with

Permission to take

any conditions prescribed by him, any person holding a license under

samples of spirits for

this Act may take samples for trade purposes from any cask of

trade purposes.

Distillation Act,

spirits in his possession.

1884 (S.A.), s. 12.

13. EVERY wine maker shall keep a journal in the form

Wine maker to keep

in the Sixth Schedule hereto, to be furnished by the Government

journal.

Printer at cost price, showing :—

Ibid., s. 13.

( .) The quantity in proof gallons on hand at the end of the

Schedule 6.

previous month ;

(2.) The quantity in proof gallons purchased or otherwise

obtained for fortifying wine ;

(3.) The quantity in proof gallons used for fortifying wine ;

(4.) The quantity in proof gallons used for washing or cleans-

ing casks ;

(5.) The quantity in proof gallons on hand at the end of the

month ;

(6.) The quantity of wine fortified.

And every such wine maker shall, within seven days after the end of each mouth, deliver or send to the inspector, at his principal office, by means of a registered letter, a copy of such journal for the month then ended, in, the form in the Seventh Schedule hereto.

Schedule 7.

64° VICTORIA, No. 16.

Distillation.

If ally such wine maker neglects or refuses to keep a journal, or forward a copy thereof as aforesaid, or makes or is party or privy to making ally false entries therein, he shall be guilty of an offence, and, on conviction thereof, shall be liable to a penalty of not less than Fifty pounds nor more than Two hundred pounds.

Unlawful hours for

14. (1.) A DISTILLER must not, without the permission of the

distilling.

inspector, use a still on any clay between the hours of six o'clock in

s. 11.

the afternoon and eight o'clock in the forenoon, or between the hours of one o'clock in the afternoon of Saturday and eight o'clock in the -forenoon of Monday, or at all on Sunday, Christmas Day, or Good Friday, or any duly proclaimed public holiday.

(2.) But a distiller may use his still with the permission of the inspector, and upon such terms as the inspector may think proper to impose, during such prohibited hours and on such pro- hibited days, except Sunday, Christmas Day, and Good Friday.

(3.) If a distiller contravenes this section he shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of Fifty pounds.

PART 11.—OF THE LICENSING AND WORKING OF STILLS USED BY

DISTILLERS, AND THE DISPOSAL OF SPIRITS.

Application for

15.

A PERSON desirous of obtaining a license to distil or to

license.

rectify and compound spirits shall apply by memorial addressed to

35 Viet., 0, s. 4.

the Colonial Treasurer for such license, and such memorial shall describe the premises where such distillation is to be carried on, and shall be accompanied by a plan thereof showing the situation of the still and all other vessels and apparatus to be used on such premises, together with the dimensions and capacity of all such vessels and apparatus, and such plan shall contain such other particulars as shall from time to time be directed by the Colonial Treasurer to be given.

Soo ante, s. G.

Before such license is granted the applicant shall, with two good and sufficient sureties to be approved by the Chief Inspector of Distilleries, execute a bond to him in the penal sum of Five hundred pounds, conditioned that the applicant will not use or suffer use to be made of the still, vessels, or apparatus on the premises in respect of which he is licensed for any other purposes than such as are authorised by his license and further conditioned for the due observance of this Act and of all regulations made hereunder.

Distillation License

16.

THE Colonial Treasurer may grant to any person who has

Distillation Act,

applied to him, as hereinbefore provided, a license, to be called

1884 (S.A.), s. 16.

a "Distillation License." in the form in the Eighth Schedule hereto,

64" VICTORVE, No. 16.

Distillation.

which shall authorise such person to have and use on his premises

See 35 Viet., 6, ss.

(to be specified in such license) a wine still of a capacity of not less

than eighty gallons, and a feints or spirit still of not less than forty

Schedule S.

gallons, or a distilling apparatus capable of exhausting not less than fifty gallons of wash in the hour, for the purpose of distilling spirits from the fermented juice of the grape or other fruit, potatoes, roots, or grain, or any produce of Western Australia.

A DISTILLATION License granted pursuant to the last preceding section may, if tile Colonial Treasurer thinks fit, authorise

0110 apparatus con-

sisting of not less

ile

lcullictsised

.six stillsmay

the person to whom it is granted to have and use on his premises (to

be specified in such license) an apparatus for distilling in accordance

Distillation Act,

with the said section, and consisting of more than one still, subject

1881 (S.A.) s. 17.

to the following conditions:—

17.

O.) The apparatus shall not consist of more than six stills ;

(2.) No such still shall be of a less capacity than forty gallons ;

(s.) The whole apparatus shall be so contrived and placed

that the use thereof may be supervised by the proper officer as readily as in the case of an apparatus consisting of a single still, or, if not so contrived and placed, any additional expense caused thereby, in the employment of additional supervision or otherwise, shall be paid by the holder of the license to the Colonial Treasurer or such person as he shall appoint for that purpose.

EVERY person applying for a Distillation License shall furnish to the Colonial Treasurer a certificate signed by a Resident

Applicant for Dis-

tillation License to furnish certificate of

or Police Magistrate, or by two Justices of the Peace, certifying that

fitness, and execute

such person is, in the opinion of the person or persons so certifying,

bond with sureties.

a fit and proper person to hold a Distillation License; and before

Mid., s. 19.

such license shall be issued the applicant shall execute a bond to

See 35 Viet., 6, s. 8.

the Colonial Treasurer, with two good and sufficient sureties to be approved by him, for the sum of One thousand pounds, and each surety for the sum of Five hundred pounds, conditioned that such applicant will not make use of such still, or suffer it to be made use of for any other purposes than such as are authorised by the license, and further conditioned for the clue observance of the provisions of this Act and of all regulations made thereunder.

18.

19. UPON the premises of every distillery licensed under

Office for the in-

this part there shall be an office fit and proper for the safe specter.

custody of the Government's books, accounts, and instruments, 35 Viet., 6, pt. s. 32.

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 the said office to the inspec-

tor, and shall thereby relinquish all right to the occupancy

64" VICTORIZE, No. 16.

Distilla tion.

of the said office so long as he shall hold a license, or as there shall remain in the store-room of the licensed premises any spirit upon which the duty has not been paid. Every distiller failing to comply with this section shall be guilty of an offence, and shall be liable, on conviction thereof, to a fine not exceeding One hundred pounds.

Distiller working

20.

IF the premises in respect of which the license is granted

more than ten miles

are situate more than ten miles from the Post Office at Perth, the

from Perth to find

lodgings for officers.

Colonial Treasurer may, if he thinks fit, make it a condition to the

mid., pt. s. 32.

granting of the license that the distiller shall provide, to the satisfac-

Distillation Act,

tion of the inspector, lodgings for the officers to be placed in charge

1884 (S.A.), s 20.

of the distillery. The lodging's must be conveniently situate, and must form part of the distillery or of the distiller's dwelling-house, and the rent charged for them, unfurnished, must not exceed Twenty pounds a year. If a distiller to whom a license is granted on these terms fails to provide the lodgings, or to keep them in repair, or interrupts any officer residing therein in his use or enjoyment thereof, the Colonial Treasurer may suspend or revoke the license.

Spirit collar or store-

21.

EVERY distiller shall provide a cellar or store-room

room to be provided.

wherein all spirits made by him shall be placed and securely locked

See Distillation Act,

until required to be removed for sale on payment of duty or forti-

1884 (S.A.), s. 21.

fying wine, bonding, or exportation ; and every such cellar or

See 35 Vict., 6, ss.

store-room shall be of brick or stone, and the windows thereof shall be

17, 33.

fastened or secured by bars of iron one inch thick and firmly fixed in the masonry or brickwork at not more than six inches apart, and the only entrance thereto shall be by a stout door sheeted on the inside with iron and fastened by two locks, of one of which the key shall be kept by the distiller and of the other of which the key shall be kept by the inspector.

All spirits not removed within two months from the date of distillation shall be placed in a bonded warehouse unless the inspector is of opinion that it is absolutely necessary that such spirits should be kept longer hi such cellar or store-room, in which case he may give permission for such spirits to be so kept for a further period not exceeding two months.

Returns to be fur-

22. EVERY distiller shall keep a journal, to be provided by the

nished.

Government Printer at cost price, in the form in the Ninth Schedule

Distillation Act,

to this Act, showing:

1884 (5.A.), s. 22.

See 35 Vict., 6, s. 81.

The date of notice of commencing or having ceased to

Schedule 9.

distil being posted or delivered, and where ;

The date given in such notice for commencing to distil ;

The date given in such notice for ceasing to distil ;

64° VICTORIIE, No. 16.

The clays when actually distilling, and the number of

hours worked in each day ;

The materials distilled from ;

The total quantity, in proof gallons, distilled during the

month ; The total quantity, in proof gallons, on hand from last

month ;

The total quantity, in proof gallons, disposed of during the month, showing the manner in which the same has been disposed of ;

The stock on hand, in proof gallons, at the end of the

month;

And such distiller shall, within seven clays after the end of each

month, deliver or send to the inspector, at his principal office, by

means of a registered letter, a copy, in the form (to be provided by

the Government Printer at cost price) of the Tenth Schedule hereto,

Schedule 10.

of the entries in such journal during the month just ended ; and if any such distiller neglects to keep such journal and forward the copy thereof as aforesaid, or shall make, or be party or privy to making any false entry therein, he shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not less than Fifty pounds nor more than Two hundred pounds.

EVERY distiller shall, when so required, produce to any inspector or officer, or duly authorised officer of police, the journal

Journal to be pro-

duced.

before-mentioned, and permit him to gauge and take such samples of

Distillation Act,

all spirits, wines, and spirituous compounds found on the premises of

1884

s. 23.

such distiller as such inspector or officer, or officer of police may

See 35 Viet., (i, s. 19.

deem necessary for the purpose of testing or analysing, and shall truly answer all questions put by the inspector or any officer as aforesaid relative to the entries in such journal ; and every distiller who does not produce and exhibit upon his own premises, when required by such inspector or any officers as aforesaid, such journal, and the whole of the spirits, wines, and spirituous compounds on hand, and permit the same to be gauged, tested, and inspected, or who does not answer, or fails to answer truly all questions put to him as aforesaid relative to the entries in the journal, or the manufacture and disposal of the wines and spirits, notwithstanding that such answer may render him liable to a penalty, shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not less than Fifty pounds nor more than Two hundred pounds.

23.

NO distiller or agent of a distiller shall have, keep, or make use of any store, erection, or building, for the sale of duty-paid

Distances between

tillery.

spirit store and dis-

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

24.

64° V1CTORLE, No. 16.

Distillation.

s. 24, altered yards, and every person acting in contravention of this section shall as to distance. be guilty of an offence, and, on conviction thereof, shall be liable to

see 85 Viet., 6, s. so. a fine of Two hundred pounds.

Warehousing of

25.

THE inspector may, without payment of any fee, grant

spirits.

permission to any distiller to deposit in a warehouse (erected on the

35 Viet., 0, s. 93.

premises of such distiller licensed under the regulations for the time

Distillation Act,

being in force) spirits from the cellar or store-room of the said

1884 (S.A.), s. 25.

distiller without payment of duty thereon, and such spirits and no other goods shall be secured under the locks of the Crown in such bonded warehouse, and in respect of deficiencies arising on spirits so warehoused, such abatement and allowance shall be made as may be sanctioned by such regulations. Provided that all spirits so ware- housed, if not removed from such warehouse within the period of two years, shall, at the expiration of that time, be examined by the proper officer, and the duty upon any difference or deficiency between the quantity ascertained on being first warehoused and the quantity found to exist at such examination shall, subject to such allowance as may be sanctioned as aforesaid, be paid down, and the quantity so found shall be re-warehoused in the same manner a.s at first.

BEFORE any spirits shall be removed from the cellar or store-room of any distiller, or from the bonded store erected as afore- said on the premises of such distiller, to any bonded warehouse

26.

Entry

to

be

ma

de

be

-

fore removal.

s. 95.

ltb/., s. 26.

under the supervision of the Customs, an entry of the same in the usual and proper form for warehousing goods under bond shall be passed at the custom house, and the person entering the same shall give security, by bond, in double the amount of duty which would be payable thereon if taken out of the said store for home consumption (with one sufficient surety, to be approved of by the Collector orother chief officer of customs), that the said spirits shall be ware-

housed to the satisfaction of the said Collector or other chief officer of customs, and thereupon the said Collector or other chief officer of customs shall grant a warrant for the removal of such spirits from the said bonded warehouse erected on the premises of said distiller to the bonded warehouse named in the warrant, and upon the delivery of the warrant aforesaid to the inspector or officer on duty at the distillery, such inspector or officer shall deliver the spirits therein described to the officer of customs appointed to convey the same to the bonded warehouse named in the margin, and upon the removal of such spirits aforesaid it shall be re-weighed in the presence of such officer, who shall thereupon give a receipt for the same to the inspector or officer on duty at the distillery.

Mode of proceedine.

27. MTIIEN any spirits deposited in the bonded store attached

where spirits are to any distillery are required for home consumption, for exportation,

entered for home

consumption.

or for ship's stores, the distiller shall procure from the Inspector of

64° VICTORIX, No. 16.

Distilleries or other officer on duty at, and in charge of, such store a

certificate, on which shall be written the* distinguishing mark or Ibid., s. 100.

number of each cask, also the number of proof gallons in each cask mu, s. 27.

so required for home consumption, for exportation, or for ship's

stores, as the case may be, and thereupon such distiller shall present

such certificate to the Collector or other chief officer of customs, and

shall make entry and pay duty thereon if such spirits be required for

home consumption, or make entry and enter into the necessary bond

if such spirits be required for exportation, and the said Collector

shall thereupon grant a warrant for the due delivery of the spirits in

the manner and form as is required in the case of imported spirits

when delivering from a bonded warehouse, and such warrant, on being

delivered to the officer on duty at and in charge of said store, shall

be a sufficient order for the delivery of the spirits mentioned therein.

PART THE LICENSING AND WORKING OF STILLS FOR

CHEMICAL, MANUFACTURING, AND OTHER PURPOSES.

THE Colonial Treasurer may grant a license, in the form in the Eleventh Schedule hereto, to any apothecary, chemist, druggist,

License to apothe-

caries, chemists, etc.

manufacturer, photographic artist or maker of perfumes to use a

Distillation Act,

still of not more than twenty gallons contents for the purposes of his

1881

s. 23.

trade only, upon an application in writing to the inspector; accom-

See 35 Wet., 0, s. 21.

panied by a certificate signed by a Resident or Police Magistrate, or

Schedule it.

two Justices of the Peace, that the person applying for such license carries on the trade therein mentioned, being one of the trades aforesaid, and is a fit and proper person to hold such license ; but before any such license shall issue, the applicant shall execute a bond to the Colonial Treasurer, with two sufficient sureties to be approved by him, for Two hundred pounds, conditioned that, during the currency of such license and of any renewal thereof, the appli- cant will not make use of such still, or suffer it to be made use of, except for the purpose and at the place named in the license, and that he will obey this Act and the regulations made hereunder.

28.

THE Colonial Treasurer may grant a license for a still of not less than fifty gallons contents, in the form in the 'twelfth

he fresh

29.

Schedule to this Act, to any person to distil fresh water from salt

water from salt

water.

water, on such person making an application in writing to the

Distillation Act,

inspector stating the place and the premises where the still is

1884 (S.A.), s. 20,

intended to be kept, and accompanied by a certificate, signed by a

altered in form.

Resident or Police Magistrate, or two Justices of the Peace, that the

See 30 Viet., 3, and 57

place named in the application is a part of the Colony where fresh

Viet., 28.

water is not easily obtainable in sufficient quantities for the wants of

Schedule 12.

the district, or not easily obtainable in sufficient quantities for the business of the applicant, and that the applicant is a fit and proper person to hold a license.

64° VICTORIZE, No. 16.

Distillation.

Before such license is granted, the applicant shall execute a bond to the Colonial Treasurer for Two hundred pounds, with two sufficient sureties to be approved by him, conditioned that the still shall only be used for distilling fresh water from salt water, and for no other purpose whatever, and that the obligor will obey all the provisions of this Act and the regulations made thereunder.

Every person so licensed who changes his residence or ceases to make use of such still shall, within a month thereafter, give written notice thereof to the inspector, and shall, in the latter case, place the still in the bonded store nearest to the district or place named in the license for such still, or deliver the same to the nearest officer of police ; and every person so licensed who fails to give such notice or so to place or deliver such still shall be guilty of an offence, and shall be liable, on conviction thereof, to a fine of not less than Fifty pounds nor more than One hunched pounds, and to the forfeiture of the still, which may be destroyed by the inspector or any person acting under his orders.

Every person who, not being licensed as aforesaid, distils fresh water from salt water, shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not less than Twenty pounds nor more than One hundred pounds.

License may be

30.

THE Colonial Treasurer may grant a license, in the form

granted to import

in the Thirteenth Schedule hereto to any person to import into

and sell stills, etc.,

for condensing

Western Australia, and to sell or keep for sale on the premises

water.

specified in the license, stills, still-heads, worms, and other utensils

57 Viet., 28,

and apparatus necessary for distilling salt water.

Schedule 13.

Such license may be issued subject to any special conditions

imposed by the Treasurer, and may at any time be revoked by him.

A person licensed as aforesaid shall not sell any still, still-head,

worm, or other such utensil or apparatus elsewhere than on the

premises mentioned in the license, and shall, immediately after every

sale, give notice in writing to the Resident or Police Magistrate or

Warden of the District within which the premises are situate of the

article or articles sold, and the name of the purchaser. And every

person licensed as aforesaid who contravenes or fails to observe the

conditions of his license or this section shall be guilty of an offence,

and, on conviction thereof, shall be liable to a fine of not less than

Five pounds nor more than Fifty pounds, together with the forfeiture

of all stills, still-heads, worms, or utensils or apparatus for distilling

in his possession.

License for pint still

31.

-THE Colonial Treasurer may, if he thinks fit, grant to any

for testing Western

person applying for the same a license to keep and use a still of not

Australian wines.

more than one pint in capacity, for the purpose of testing the strength

45 Viet., 9, slightly

of wines made in Western Australia. Every such license shall

altered.

64° VICTORLE, No. 16.

specify the purpose for which it is granted, and the premises on which such still shall be used, and the person applying for such license shall, before the same is granted, enter into a bond to the Colonial Treasurer, with one surety, in the sum of Fifty pounds, con- ditioned that the person applying for the license will not use such still, or suffer the same to be used for any other purpose, or in any other place or premises than that specified in. the license.

IN all proceedings under this Act or under any Act which may hereafter be in force for the regulation of distillation or

Onus of proof,

Ibid.. s. 135.

respecting licensed and registered spirit merchants, the person against whom such proceedings are taken shall be deemed to be unlicensed, unless lie shall at the hearing produce his license before and exhibit the same to the Court before which such proceedings shall be taken, or shall produce other proof to the satisfaction of such Court that he is not such person as described in such proceedings, or that he is a duly licensed person., and of the description of the license held by him.

32.

THE Clerk of the Bench at every place where a. Court of petty sessions is or shall be established shall, within ten days after every

Clerk of the Bench

to make returns.

such registration as aforesaid, make a return thereof to the Chief

Ibid., s. 136.

Inspector of Distilleries, which return shall be an exact copy of every such registration certificate, and every such Clerk of the Bench who shall fail or neglect to make any such return as aforesaid shall be liable to a penalty not exceeding Five pounds, and the Chief Inspector of Distilleries shall cause the names and residences of all

persons so registered as aforesaid to be published in the Governmen:

Gazette.

33.

PART

IV .—OF LICENSES IN GENERAL.

ALL licenses granted under this Act shall, unless previously revoked or forfeited, continue in force until the thirty-first day of

Termination of

license.

December next following the granting thereof, and there shall be

35 Viet., 6, s. 22.

paid to the Colonial Treasurer by the person obtaining such license

Schedule 14.

in respect of every such license the sums respectively mentioned in the Fourteenth Schedule of this Act, and upon such payment, and upon the production of a certificate from the Chief Inspector of Distilleries that all the requirements of this Act have been complied with, such license shall forthwith issue to the person who shall be entitled to the same.

34.

EVERY license granted under this Act may be renewed annually upon the person applying for such renewal paying to the

Renewal of licenses.

Ibid., s. 23, and see

Colonial Treasurer the sum required by this Act to be paid for the

Distillation Act,

license which such person desires to renew, and upon receipt of such

1884 (S.A.), s. 31.

35.

64° VICTORIZE, No. 16.

Distillation.

sum by the Colonial Treasurer and a certificate from the Chief Inspector of Distilleries that all the regulations of this or of any other Act in force for the time being relating to the distillation, rectifying, or compounding of spirits have been complied with : Provided that if the person applying for such license shall have been convicted of any offence under this Act, or under any Act in force for the time being relating to distillation, or shall have forfeited any recognisance under any such Act, it shall not be lawful for the Colonial Treasurer to grant such renewal of any former license unless it is proved to his satisfaction that the offence or forfeiture was not wilful: And provided, also, that no license shall be renewed after such offence or forfeiture unless the applicant enters into a new bond to the Colonial Treasurer (if so required, by him), with two sufficient sureties to be approved by him, for the same amount as that executed by the applicant on obtaining his license, and conditioned in like manner.

Refusal or suspen-

36.

THE Colonial Treasurer may refuse to grant or to renew

sion of licenses.

any license under this Act, and may suspend or annul any such

Ibid., s. 24.

license upon proof being given to his satisfaction that the provisions

35 Viet., 6, s. 24.

and requirements of this Act or any of them have been contravened or have not been fulfilled, or that the Chief Inspector of Distilleries or any other officer appointed under this Act has been obstructed or prevented from performing any part of his duty by the person applying for or holding such license or renewal thereof, or by any person acting under his authority or by his direction, or where, from the local situation of a distillery (the license for which is required to be granted or renewed) in respect of any brewery, vinegar manu- factory, or manufactory of cordials (in the making of which spirits are used), or of any store or house in which spirits are sold, either by wholesale or retail, it may appear to the Colonial Treasurer inexpe- dient to grant such license.

Transfer of licenses

37.

IN the event of the death of any person holding a license

on death, lunacy, etc.

under this Act, such license may be transferred to the legal repre-

Distillation Act,

sentatives of such person, or, in the case of Ids lunacy or bankruptcy,

1884 (S.A.), s. 33.

to the persons who, in the event of his being then dead, would be his personal representatives, upon fresh securities being entered into, and upon the Colonial Treasurer being satisfied that such persons are fit and proper persons to hold a license under this Act.

Certain licenses to

38.

NO wine manufacturer or distiller, or any person who shall be the owner or part owner, or who has any interest or share in a distillery or in any premises or concerns used for rectifying or com-

become void in cer-

tain cases.

85 Wet., 6, s. 25.

pounding spirits, nor any maker of wine, the produce of his own

Distillation Act,

1884 (S.A.), s. 34.

vineyard, licensed to use a still, nor any medical practitioner or chemist licensed to use a still, nor any person licensed to use a still

64" VICTORVE, No. 16.

Distillation.

for scientific or other purposes, nor any maker of perfumes licensed to use a still, nor any person licensed to distil water, shall have or hold a license to retail spirituous or fermented liquors ; and in case any person who shall have obtained a license for the sale of fermented or spirituous liquors by retail shall, after the obtaining of such license, become the owner or part owner, or have any share or interest in a licensed distillery, or in any premises or concerns used for rectifying or compounding spirits, such license so granted for sale of fermented or spirituous liquors by retail shall thereupon become and be absolutely void, and the party or parties continuing to sell spirituous liquors by retail after having become the owner or part owner of, or after obtaining an interest or share in, a licensed distillery or in any premises or concerns used for the rectifying or compounding of spirits, may be prosecuted and convicted as a person selling fermented or spirituous liquors by retail without a license.

PART V.—OF THE REMOVAL OF SPIRITS AND SUPERVISION

OF STILLS.

EVERY wine manufacturer or distiller shall maintain and keep his still and distilling apparatus in good repair, and shall, at his

Distillery and

utensils to be kept in good repair and

own expense, provide proper and sufficient fastenings, to the

secured from use,

satisfaction of the inspector, for the purpose of securely fastening the

and inspector to be

allowed to enter.

spirit store and the several covers and furnace-doors, and for securing

Distillation Act,

the tail pipes, condensing chamber, safes, pumps, plugs, taps, and

1884 (S.A.), s. 35.

other utensils belonging to such still and distilling apparatus from

See 35 Viet., Q s. 15.

use ; and any inspector or officer may at any time enter upon any distillery or premises where distillation is authorised, for the purpose of inspecting the same and of locking and securing with locks of the Crown the still and several covers and furnace-doors, tail pipes, condensing chamber, safes, pumps, plugs, and taps thereof, or any of them, and for all such other purposes as in the opinion of such inspector or officer may be requisite ; and any wine manufacturer or distiller who neglects to comply with this section, or who obstructs any inspector or officer in the discharge of his duty, shall be guilty of an offence, and, on conviction thereof', shall be liable to a fine of not less than Five pounds nor more than Fifty pounds.

39.

EVERY wine manufacturer or distiller, when requiring to make use of his still, shall give at least six days' notice thereof in

Distiller, etc., to give

notice before com- mencing to distil.

writing, by delivery or by forwarding such notice in a registered

Distillation Act,

letter to the inspector, in order that an officer may be in attendance

1884 (S.A.), s. 3d.

to open the several locks and fastenings ; and such notice shall state

See 35 Viet., 6, s. 16.

when such wine manufacturer or distiller intends to commence, and the materials from which he intends to distil, and a duplicate of such notice shall be delivered or posted in like manner to the officer in

40.

64° VICTORIX, No. 16.

Distillation.

charge of the nearest police station ; and within twelve hours after ceasing to distil, a notice of having ceased to distil shall be given in like manner, so that an officer as aforesaid may attend to lock and secure the still and spirit cellar or store-room. And every wine manufacturer or distiller who fails to comply with this section shall be guilty of an offence, and, on conviction thereof. shall be liable to a fine of not less than Fifty pounds nor more than One hundred pounds.

Permits for the

41.

NO spirits shall be removed out of the premises of any wine

removal of spirits.

manufacturer or distiller except between the hours of nine in the

35 Viet.. G. s. SU.

forenoon and four in the afternoon. nor without a permit to remove

Distillation Act, 1854

the same, signed by an inspector or officer, such permit to contain

(S.A.), s 37.

the distiller's name and the place from whence such spirits are to be removed, the vessel or vessels in which such spirits are contained and the quantity of spirits contained in each awl every such vessel or vessels, and the name and residence of the person or persons to whom such spirits are to be delivered or forwarded, and such permit shall also specify the time during which such permit is to be in force: Provided that such permit shall not be granted by the inspector or officer for the removal of any spirits which shall not have been previously- lodged and deposited in the cellar or storeroom, nor in a less quantity than ten gallons, and provided that at the time such permit is required the distiller or other person requiring such permit shall give to such inspector or officer aforesaid, the certificate of the Collector of Revenue or other proper officer that the duty upon such spirits intended to be returned has been duly paid, or that clue entry thereof has been made in manner hereinafter provided.

Spirits removed

42.

ALL spirits removed from the premises of any wine

without permit may

manufacturer or distiller without a permit as aforesaid, or except be-

be seized.

tween the hours mentioned in the last preceding section, may be seized

s. 87.

and forfeited, together with the cask, casks, or packages in which

Ibid., .s. 38.

the same shall be contained, and the cars, carts, drays, or other convey- ances, and the horses or other animals employed in removing the same.

EVERY permit used for any' purpose whatever other than to accompany the removal and delivery of the spirits for which such permit was obtained and granted, and at the time limited, awl to the

Unlawful pet /nits.

43.

Ibid., s. 89.

Ibid., s. 59.

place expressed in such permit, shall be deemed and taken to be an

unlawful permit.

Officers may 840p

44. ANY inspector or officer or police constable may stop or

persons removing

detain any person who shall be found removing or carrying any

spirits and examine spirits of any kind from the premises of any wine manufacturer

permits.

Ibid. s. 88.

or distiller, awl demand the production of the permit or permits as aforesaid accompanying such spirits, and on being satisfied

64° VICTORIIE, No. 16.

Distillation.

that the spirits are the same in quantity, quality, sort, or kind and

strength as expressed in such permit or permits, and that the duty

rb;d.,sO.

payable by law in respect thereof, has been paid, or secured to be paid for the same, such inspector, officer, or police constable shall indorse on such permit or permits the time, hour, and place of such examination, and shall sign his name thereto ; and if any person so found removing or carrying away such spirits, which are by law required to lie accompanied with a permit, shall refuse to produce such permit or permits as aforesaid immediately on being required so to do by any inspector. officer. or police constable, or shall be found removing or carrying any such spirits without a lawful permit, every such person shall be guilty of an offence, and, on con- viction thereof, shall be liable to a penalty of One hundred pounds ; and such inspector, officer, or police constable may, and is hereby required to stop, arrest, and detain every such person, and to convey the said person, together with the spirits so found being removed or carried by or with him. before one or more of Her Majesty's Justices of the Peace residing near to the place where any such person shall be so stopped or arrested, and it shall be lawful for such Justice or Justices of the Peace, and he and they is and arc hereby required to hear and determine, in a summary way, any information against any such person so stopped or arrested under the provisions of this \tit. and on the confession of any such person, or upon proof on oath by one or more credible witness or witnesses, to convict such person in such penalty as aforesaid.

45.

NO person shall commence to make, or to land out of any ship, any still, still-heath worm, or other utensil for distilling

Notice of making or

importing stills.

whatsoever, without having first given notice thereof in writing to

Ibid..

124.

the inspector or Collector of Customs, and every such notice shall

set forth as near as possible the number of gallons which such still

Ibid., s. 41.

is capable of containing, and every person who shall commence to make, or who shall land out of any ship any still, still-head, worm, or other utensil for distilling whatsoever without having first given such notice as aforesaid. shall lie guilty of an offence, and, on conviction thereof, shall be liable to a penalty of not less than Ten pounds nor more than Fifty pounds.

46.

NO person shall part with or sell any still, still-head, worm, or other utensil for distilling. either separately or as part of parting with still

Notice

Noti o

f

or

any house, building, premises or place in which such still may be,

etc.

without having given notice to the inspector of the name mid residence

Distillation Act,

of the transferee or purchaser thereof, mid also of the number of

1884 (S.A.), s. 42.

gallons which such still is capable of containing, and every person

See 35 Viet., 6, s. 125.

acting in contra ninon of tins section shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not less than Twenty pounds and not, more than Two hundred pounds.

64" VICTORI2E, No. 16.

Distillation.

47.      N 0 wine manufacturer or distiller or other person not hold-

Notice to be given of

setting up still.

ing a valid license under any Act for the time being in force concern-

Ibid., s. 43.

ing distillation, shall erect or set up any still without having first given notice of his intention to do so to the inspector, which notice

Ibid., s. 120,

shall set forth the number of gallons which such still is capable of containing, the name and residence of the owner thereof, the place in which it is intended to erect or set up the same, and the purpose for winch it is to be used. And every such wine manufacturer, distiller, or other person who erects or sets up any still without having first given such notice as aforesaid, or knowingly gives an incorrect notice, shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine not exceeding One hundred pounds.

Stills not to be

48.

NO wine manufacturer, distiller, or other person licensed

altered or removed

under this Act shall remove or alter any still without the permission

without permission.

of the inspector. Any inspector is empowered to visit and inspect

Distillation Act,

stills of all kinds at any time in the day, and if any still is removed

1884 (S.A.), s. 44.

or altered without the permission of the inspector, the still shall be forfeited, and the person who has removed or altered the same, or caused it to be removed or altered, shall be guilty of an offence, and, on conviction thereof, shall be liable to a penalty of not less than Twenty pounds nor more than Two hundred pounds.

NO distiller, wine manufacturer, or other person shall porter, beer, or maker of cordials within the premises on which there is a still for the distillation of spirits, nor on any part thereof, nor

Distance between

49.

the premises of

practise, follow, or use the trade or business of a brewer of ale,

those of brewers.

licensed persons and

35 Viet., 6, s. 26.

on any other place or premises within five hundred yards of the said premises on which there is a still for the distillation of spirits, and every person who acts in contravention of this section shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not more than One hundred pounds for every day during which he carries on such trade or business: Provided that the Colonial Treasurer may, if he think fit, grant permission in writing to any person as aforesaid to carry on the trade or business as aforesaid at a less distance from the premises on which there is a still for the distillation of spirits than five hundred yards, upon satisfactory proof being given to him that the carrying on such trade or business at a less distance will not be conducive to any violation of the provisions of this or any Acts relating to the revenue.

PART VI.—Op DUTIES ON SPIRITS.

50. FROM and after the commencement of this Act the duty

R

ate

of

o

duty.

payable upon all spirits that may be distilled in Western Australia

See 35 Viet., 6, s. 72. from grapes, fruit, wine, roots, malt, grain, or other produce, and

64" VICTORIIE, No. 16.

upon all spirits distilled in Western Australia from sugar, treacle,

Distillation Act,

molasses, or from wort, wash, or spent wash with which sugar, treacle,

1884 (S.A.), s. 46.

or molasses has been made or mixed, or from beer or ale, shall be, for every gallon, one half of the import duty on such spirits for the time being.

Such duties shall be paid upon the standard gallon-measure of spirits of the strength of proof by Sykes' hydrometer, and so in

Sec Act 348 (1885),

S .A.

proportion for any greater or less strength than proof, and also upon

any deficiencies ascertained in the manner hereinafter directed.

ANY inspector may, by writing under his hand, permit spirits lodged in any cellar, store-room, or bonded warehouse as

Spirits may be used

for varnishes, etc., or

aforesaid to be used for the purpose of dissolving resins and gums

for burning.

for varnishes and other like manufacturing purposes for which

Distillation Act,

1884 (S.A.), s. 47.

methylated spirits are used and required; and for that purpose such

35 Viet., 6, s. 96.

spirits so to be used shall be mixed with purified wood naphtha in such quantities and of such quality as such inspector shall direct, so that such spirits so methylated shall be rendered wholly unfit for human consumption; and such spirits so methylated may be delivered. out of such bonded warehouse without payment of duty: Provided as follows:—

51.

The process of mixing hereinbefore mentioned shall be performed under the supervision and in the presence of an officer appointed to superintend the same;

Any inspector may allow any spirits distilled under this Act to be rendered unfit for human consumption by the addition of such drugs as may be deemed necessary, and to be cleared free of duty for the purposes of fuel or illumination by burning ;

The inspector may, under any regulations made as hereinafter provided, allow spirits distilled under ads Act to be cleared free of duty for the purpose of being manufactured into vinegar or of being used in the preparation of medicines.

THE inspector may, by writing under his hand, and on such terms and conditions as he may think fit, permit spirits lodged

Permission to use

spirits in bond for

in any bonded warehouse to he used for making muscadine,

snaking muscadine

containing not more than thirty-five per cent. of spirit, for export or

for expert.

for flavouring wine ; and Such spirits may then be so used in the

Distillation Act,

presence of an officer on payment of Sixpence per gallon proof for

1884 (S.A.), s. 48.

colonial spirits, and Two shillings and sixpence per gallon proof for

imported spirits.

52.

53. THE Colonial Treasurer may appoint any other bonded Appointment of

warehouse for the purpose of lodging, under bond, any spirits distilled bonded warehouse.

64° VICTORIIE, No. 16.

Distillation.

35 Viet, 6, s.94.

under the provisions of this Act without the payment of duty, and

Distillation Act,

the spirits so lodged shall be subject to the same rules and regulations

1884 (S.A.), s. 40.

in respect to re-gauging and leakage as imported spirits when in bond in any bonded warehouse under the supervision of the Collector or other chief officer of customs.

SPIRITS warehoused or bonded as in the last preceding section mentioned, being first duly entered in the custom house, may be delivered under the authority of the Collector, or other chief

Spirits may be re-

54.

moved to any colonial

port under bond.

Ibid., s. 97.

officer of customs, without payment of duty, for the purpose of

Ibid., s. 50.

removal to any port within the boundaries of the said Colony, under bond to the satisfaction of the said Collector or other chief officer of customs for the due arrival of such goods at such port, and for the payment of the duty payable thereon upon being landed, to the officer appointed to receive the same, or for the safe deposit of the same in some duly approved bonded warehouse at such port.

SPIRITS distilled in Western Australia, and compounds, cordials, muscadine, and medicines containing- such spirit (if intended for exportation and manufactured under any regulations made as

Spirits, cordials, etc.,

55.

may be exported

without duty.

Distillation Act,

1884 (S.A.), s. 51.

hereinafter provided) may be exported to places beyond the boundaries of the said Colony without payment of duty, but the

See 35 Viet., 7, s. 08.

person exporting the same shall pass an entry outwards in the usual manner, and shall enter into bond in double the amount of duty which would be payable thereon, if entered for home consumption, with one sufficient surety, to be approved of by the Collector or other chief officer of customs, that the same shall be landed at the place for which they shall be entered outwards, or be otherwise accounted for to the satisfaction of the said Collector or other chief officer of customs.

56.      ALL duties on spirits distilled in Western Australia and

Duties, how to be

paid.

deposited in bonded warehouses under the supervision of the Collector

Distillation Act,

of Customs, other than bonded warehouses not subject to the

1881 (S.A.), s. 52.

provisions of this Act, shall be paid to the Collector of Customs in

35 Viet., 6, s. 101.

the same manner and under the same regulations as for imported spirits ; Provided that in places where there is no Collector of Customs, the duties on spirits distilled in the said Colony as aforesaid shall be paid to such officer as the Governor may appoint to receive the same in the same manner and under the same regulations as if paid to a Collector of Customs.

PART VIL—OF OFFICERS, SEIZURE, PROCEDURE, AND PENALTIES.

Appointment of

57.

THE Governor may appoint some fit and proper person to

officers.

be Chief Inspector of Distilleries, and also such and so many

Ibid., s. 53.

inspectors of distilleries and other officers as may be necessary for

64° VICTOM2E, No. 16.

Distillation.

the due execution of this Act, and until such appointments are made

Ibid.,

I

under this Act the Chief Inspector of Distilleries and all other officers appointed under the Acts hereby repealed shall be deemed to be appointed under this Act.

58. EVERY person

As to bottling spirits,

(a.)

Who, having in his possession or under his control any

etc., in bottles already labelled,

bottles with labels affixed thereon shall, without remov-

Distillation Act,

ing and destroying such labels, make use of such bottles

1884 (S.A.), s. 50.

for the purpose of bottling spirits, liqueurs, cordials,

wine or beer ; or

(b.)

Who shall knowingly sell or purchase such spirits so bottled in a bottle or bottles with such a label or such labels, shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not less than Twenty pounds nor more than Two hundred pounds.

59.      EVERY person who wilfully sells or gives a label with any

article sold by him, and whether affixed or not to such article, which Penalty for

article with false

selling

falsely describes the article sold, shall be guilty of an offence, and, label.

oil conviction thereof, shall be liable to a fine of not more than•

Ibi., s. 07.

-

Twenty pounds.

60.

I V

EVERY person who sells or offers for sale any spirit Spirits not to be sold

( except sweetened gin) which is of less strength than twenty-five more than a certain

per cent. under proof, or any sweetened gill which is of less strength amount under proof.

than thirty-live per cent. under proof, shall be guilty of an offence,

(bid., s. 58.

and, on conviction thereof, shall be liable to a fine of not more than

'twenty pounds.

ANY inspector or officer, or officer of police, police constable, or other person appointed by the Governor may seize any

Seizure of apparatus

for distillation.

still, still-head, worm, or other apparatus or utensil whatsoever

35 Vint, 6, s. 112.

intended or suited for distilling, or for any process of distillation, found

Distillation Act,

in any house, building, premises or place whatsoever, unless the

1884 (S.A•), a. 59.

owner or occupier thereof shall hold and produce a valid license, or shall have 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 of every kind whatsoever found in any such house, building, place or premises, and all such articles so seized as aforesaid shall be forfeited unless the same have remained on the premises pending an inquiry as to the expediency of a renewal of a license.

61.

64° IT ICTOMX, No. 16.

Distillation.

Seizure of spirits.

62.

ANY inspector of distilleries, officer of customs, or other person appointed as aforesaid may seize all or any spirits not

Ibid., s.113.

lawfully stored on which the full amount of duty chargeable has not

Ibid., s. 60.

been paid, and all spirits so seized shall be forfeited.

Proceedings under

63.

IN case any inspector or officer, or other person duly

warrant.

authorised as aforesaid, has cause to suspect that any still, in respect

Ibid., s.114.

of which no license has been granted, or any still-head or worm or

Ibid., s. 61.

other utensil for distilling whatsoever, or any back or other vessel for making worts or wash, or any worts or wash, or other material prepared or preparing for distillation, or any spirits upon which the full duty has not been paid, is or are set up, kept, or concealed in any house, building, premises or place, then and in such case, upon information exhibited by such inspector or officer, or other person as aforesaid, before any Justice of the Peace, setting forth the ground of the informant's suspicion, such Justice of the Peace before whom such information is exhibited may, if lie shall judge it to be reasonable, by warrant under his hand and seal authorise and empower such inspector or officer, or other person appointed as aforesaid, by day or by night (but if in the night time, then in the presence of a constable) to break open the doors or any part of such house, building, premises, or place where he shall so know or suspect such unlicensed still or other things as before enumerated to be set up, kept, or concealed, and to enter into such house or place and to seize all and every such still or other such things as aforesaid, and also all goods and chattels of every kind whatsoever found within such house, building, premises, or place, and either to detain and keep the same in the house, building, premises, or place where found, or to remove the same to some bonded warehouse or to the police office next to or most accessible from the place where the same shall be discovered and found, or to any other place of security : Provided that any inspector, officer, or other person appointed as aforesaid, having a writ of assistance under the hand of any Judge of the Supreme Court may, in company with a constable, and the inspector or Collector of Customs, may without such writ of assistance, in company with a Justice of the Peace, act as aforesaid without information or warrant.

Officer may break up

64.

ANY inspector of distilleries, officer, or person appointed as

ground on the pro-

aforesaid, and any persons acting in their aid, may by night or by

mises of a distillery.

day break up any ground in any part of the distillery or premises of

35 Viet., 6, s. 122.

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 any private conveyance or utensil, and upon finding any such pipe or conveyance leading therefrom or thereto, may break up the ground, house, wall, or other place through or into which such pipe or other conveyance shall lead, and may break up

64° ITICTOMX, No. 16.

Distillation.

or cut away any such pipe, cock, or other conveyance, and turn any cock or cocks, and examine whether such pipe or other conveyance may or can convey or conceal any wort, wash, or other liquor 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.

65.

ANY inspector of distilleries, officer, or person appointed as Officer

may enter

aforesaid may enter into and upon the premises of any distiller premises and seize

to search for and seize any spirits the duty on which has not been spirits.

paid, and which may be kept or concealed thereon in any manner Ibid., B. 123.

contrary to this Act or any Act which may hereafter be in force

respecting distillation.

66.      ANY inspector, officer, or other person appointed under Inspector may stop

this Act may, upon reasonable suspicion, stop any cart, dray, or other carts.

vehicle whatsoever and examine all goods carried thereon for the

s. 127.

purpose of ascertaining whether any unlicensed still, worm, or other

Distillation Act,

utensil or apparatus for distilling or rectifying spirits is contained 1884 (s.A.), s. 62.

therein or carried thereon, and if no such still, worm, or other utensil

or apparatus shall be found, then and in all such cases the inspector

or other officer so stopping and examining such cart, dray, or other

vehicle, having had reasonable and probable cause to suspect that

the goods as aforesaid were contained or carried thereon, shall not

on account of such stoppage and search be liable to any prosecution

or action at law on account thereof ; and if any still, worm, or other

utensil or apparatus for distilling be found in or on any such dray,

cart, or other vehicle without lawful permission, the same shall be

forfeited, together with the said vehicle and the horse or horses or

other cattle drawing the same, and the owner thereof shall be guilty

of an offence, and, on conviction thereof, shall be liable to a fine of

not less than Twenty pounds nor more than One hundred pounds.

67.      ANY wine manufacturer, distiller, or other person who in Obstructing officer—

any manner obstructs any inspector or officer appointed under this penalty.

Act, or any person acting on his behalf, in the execution of any of /bia.,s. 128.

their duties, or in the clue seizing of any goods liable to forfeiture Ibid ., s, 63,

under this Act, or rescues, or causes to be rescued, or aids and abets

in rescuing any goods or person who or which shall have been seized

or arrested, or attempts or endeavours so to do, or before or at or

after any seizure, steals, breaks, or otherwise destroys any goods to

prevent the seizure or securing thereof, shall be guilty of an offence,

and, upon conviction thereof, shall be liable to be imprisoned in any

gaol with or without hard labour for any term not exceeding two

years, or at the discretion of the Court, for every such offence shall be

liable to a penalty not exceeding One hundred pounds nor less than

Twenty pounds.

C 1" SI CVM R 1 "E, No. 16.

Distillation.

Assaulting or resist

68.

IF any wine manufacturer, distiller, or other person assaults,

ing officer—penalty.

or by force or violence resists, opposes, molests. hinders, or obstructs

Ibid.. s. 120.

any officer appointed under this Act, or any person acting on his

Ibid., s. 64.

behalf, every person so offending, or aiding or abetting or assisting therein, shall be adjudged guilty of a misdemeanour, and shall be liable, at the discretion of the Court before which he is convicted. to be imprisoned in any gaol with hard labour for any term not less than three months nor more than three years.

69.       EVERY wine manufacturer, distiller, or other person who

Bribes—how punish-

able.

gives, offers, or promises to give any bribe, recompense, or reward, or

Ibid., s. 130.

makes or offers to make any collusive agreement with any inspector,

Ibid., s. 65.

officer, or other person authorised as aforesaid to induce him in any way to neglect his duty, or to conceal or connive at any act whereby uy of the provisions of this or any other Act now or hereafter in

force relating to distillation may be evaded, shall be guilty of an offence, and shall, on conviction thereof, be liable to a fine not exceed- ing Two hundred pounds, whether such gift or offer shall he accepted or such promise performed or not, and every inspector. officer, or other person appointed as aforesaid who directly or indirectly takes or receives any bribe, recompense, or reward, or enters into any collusive agreement as aforesaid, 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 be guilty of an offence, and, on conviction thereof, shall be liable to a fine not exceeding Two hundred pounds.

Penalty for keeping

70.

EVERY wine manufacturer, distiller, or other person who

or using still, etc.,

has in his possession or on his premises, or who makes use of any

without license.

still, utensil, or apparatus, or any part thereof for distilling or

Distillation Act,

1884 (S.A.), s. 66.

rectifying and compounding spirits without having first obtained a license under this A ct, or, having obtained such a license, shall have

See 35 Viet., 6, ss. 2

and 120.

or make use of any still, utensil, or apparatus, or any part thereof respectively, as aforesaid, otherwise than may be authorised by such license, shall be guilty of an offence, and, on conviction thereof, shall be liable to .a fine of not less than One hundred pounds nor more than Five hundred pounds, together with a forfeiture of all such stills, utensils, and apparatus, or parts thereof, and also of all spirits and all materials from which spirits could be distilled and which may be found in or about such premises. Provided as follows:—

(l.) Any wine manufacturer, distiller, or other person who may have in his possession -at the commencement of this Act any still, utensil. or apparatus, or part thereof, and who does not desire to further or again use the same, may deposit the same in a store or secure place to be

64° ITICTORLE, No. 16.

Distilla tion.

appointed and approved by the Colonial Treasurer, and shall not then be liable to the penalties herein mentioned in respect of the same being Ids property

( 2 .)

Nothing in this Act shall apply to any chemist, druggist, or other person having in his custody or possession for sale, or for use in his trade, business, or profession, any metal, glass, or earthenware retort or apparatus of a less capacity than three gallons.

71. EVERY wine manufacturer, distiller, or other person who

Penalties on sellin

sells or disposes of, or offers to sell or dispose of, or who purchases and

uying

g

any illicit spirit, or spirit part of which is illicit, shall be guilty of spiri

b.

ts

an offence, and shall be liable, on conviction thereof, to a fine of One Ibid. , s. 67. hundred pounds and the forfeiture of the spirit, and for a second or This., s. 121.

subsequent offence shall be liable, on conviction thereof, to imprison- ment with hard labour for not less than six months nor more than twelve months, and to the forfeiture of the spirits as aforesaid: And if any person holding a license for the sale of fermented or spirituous liquors is convicted of an offence against this section his license shall be forfeited, and he shall be incapable of obtaining any such license for five years after such conviction.

IF any spirits or other property shall be seized or stopped for any cause of forfeiture, and any dispute shall arise as to owner-

Onus of proof as to

ownership of spirits or payment of .duty

ship or whether the duty has been paid for the same, or if any suit or

in

action shall be brought for any non-payment of license or other fee

35 Viet., 6. s. 131.

under this Act, the proof thereof shall be on the owner or claimant

Distillatioi Aet,

of such goods or upon the defendant in any suit for pigment of

1884 (SA.). s. 08.

license or other fees, and not on the officer who shall seize. stop, or

sue for the same.

72.

73.

NO colonial spirits shall be cleared from bond until an officer, to be appointed by the Collector of Customs for the purpose

Certificate as to

fusel oil required

before clearing

of examining colonial spirits, has first certified in writing to the said

colonial spirits.

Collector that the spirits proposed to be cleared are free from any

Distillation Act.

deleterious quantity of fusel oil ; and every person who clears, or

1886 (S.A.), s. 70.

attempts to clear any colonial spirits contrary to this section shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not more than One hundred pounds.

WHERE, in any information or proceeding under this Act, the person laying or commencing the same avers that he is the Chief

Prima facie proof of

officer's appointment.

Inspector of Distilleries or an officer within the meaning of this

35 Viet., 6. A 141.

Act, no further proof of his appointment shall be required unless the defendant adduces evidence to the contrary.

74.

64° VICTORIZE, No. 16.

Distillation.

NO action shall be commenced against ally inspector, hereafter be in force concerning distillation, for anything done in the exercise of his office after the lapse of a year from the cause of action arising, or until one month after the defendant has been served with notice of action stating the cause of action, the name and abode of the plaintiff, and the name and abode of his solicitor, if any, and no verdict or judgment shall be given for the plaintiff in any such action unless the service of such notice is proved or admitted.

Officer to have notice

75.

of action.

officer, or other person acting under this Act, or any Act which may

Ibid., s. 142.

Judge may certify

76.

IN case any information or suit shall be brought to trial

probable cause of

on account of any seizure made under this Act, and a verdict shall

seizure.

be found for the claimant thereof, and the Judges or Court before

Ibid., s. 144,

whom the cause shall have been tried shall certify upon the record that there was reasonable and 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 or other suit or prosecution on account of such seizure, and if any action or other suit or prosecution shall be brought to trial against any person on account of such seizure, wherein a verdict shall be given against such defendant, the plaintiff, besides the things seized, or the value thereof, shall not be entitled to more than One shilling damages, nor to any cost of suit, nor shall the defendant in such prosecution be fined more than One shilling.

ANY inspector, officer, or other person as aforesaid may, party complaining or his agent, and plead such tender in bar to any action, together with other pleas, and if the jury shall find the amends sufficient, they shall give a verdict for the defendant, and in such case, or in case the plaintiff shall become non-suited or discon- tinue his action, or judgment shall be given for the defendant, 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 that it shall be lawful for such defendant, by leave of the Court where such action shall be brought, to pay money into Court by way of amends at any time before issue joined.

Officer may tender

77.

amends.

within one calendar month after such notice, tender amends to the

Ibid., s. 145.

Property seized to

78.

ALL spirits and other property seized under the provisions

be claimed within

of this Act shall be considered as forfeited and condemned, and

ten days.

shall be sold by public auction, unless claimed within ten days after

with Collector of

Claims to be lodged

the same shall be so seized, and all such claims for spirits or other

Revenue.

property so seized as forfeited shall be lodged within the time here-

Ibid., s. 146, altered

inbefore mentioned with the Chief Inspector of Distilleries.

in form.

Informations, etc.,

may be tried in the

79.

(t.) ALL penalties and forfeitures incurred under or

Supreme Court.

imposed by this Act, and the liability to forfeiture of all goods seized

64° VICTOMIE, No. 16.

under the authority hereof, may be sued for, prosecuted, determined,

Customs Consolida-

and recovered in the Supreme Court by information or such other

tion Act, 1892, s. 295.

form of proceeding as may for the time being be applicable in the

See 35 Viet., 6, s. 137.

name of the Attorney General, the Chief Inspector of Distilleries, or

any officer ; or

(2.) Where the maximum amount of the fine imposed by this Act, or the value of the forfeiture incurred does not exceed Two

Penalties and

forfeitures under

hundred pounds, the same may be sued for, prosecuted, determined,

£100 may be dealtwith in a Court of

and recovered by information in the name of the said Chief

summary jurisdic-

Inspector or any officer before a Court of summary jurisdiction.

tion.

(3.)

All actions and informations for the enforcement of any

Proceeding to be

penalties or forfeitures imposed by this Act shall be commenced

commenced within a

within one year after the offence in respect of which the same were

year.

imposed was committed.

See 35 Viet., 6, s. 138.

(4.)

Where an action or information has been commenced or

Provision against

laid for the enforcement of a fine or forfeiture imposed by this Act

double remedies.

for any act or omission, and a bond has been given conditioned, either generally or specially, against such act or omission, no action shall be brought on such bond ; and where an action has been brought on such bond, no proceeding shall be taken to enforce any fine or forfeiture incurred by any act or omission contrary to the obligation of the bond.

80. THE Chief Inspector of Distilleries and any officer, under

Certain officers may

the order and directions of the Colonial Treasurer, may prosecute,

prosecute, etc.

defend, or conduct any proceeding before any Justice of the Peace

See 35 Viet.,31, s.302.

or Court of summary jurisdiction in any matter relating to

distillation.

81.

IF, in or upon any information, suit, or action brought in

the said Supreme Court, or before any Court of summary jurisdiction convicted parties.

for the recovery of any fines or penalties imposed by this Act, the mid., s. 150.

party shall be sentenced, ordered, or adjudged to pay such fine or

penalty, and in case any such fine or penalty shall not be immediately

paid or security given to the satisfaction of the Court before whom

the case shall have been heard and determined for the due payment

of such fine or penalty, the party or parties who shall have been

convicted and sentenced to pay such fine or penalty shall forthwith

be committed to gaol, there to remain for not less than three months

nor exceeding twelve months, unless such fine or penalty shall be

sooner paid, and such imprisonment shall in no case operate as a

discharge of any such fine or penalty.

Imprisomnent of

82.

ALL pecuniary penalties recovered under this Act shall be applied to the purposes -next hereinafter mentioned in such pro- Distillation Act,

Application of fines.

portions as may be directed by regulations to be made under this 1884 (S.A.), s. 72.

64" VICTORIX, No. 16.

Distillation.

Act, and, in default of such regulations, or so far as the same do not extend, in the proportions following, that is to say— one moiety to the Colonial Treasurer, to go to the Consolidated Revenue Fund, and the other moiety to the seizing officer, or, if there is an informer as well as a seizing officer, one-third shall be paid to the Colonial Treasurer, to go as aforesaid. one-third to the seizing officer, and one- third to the informer: Provided that all fines inflicted under this Act in cases where it is clearly proved that the stills can only have been used for the distillation of salt water may be- remitted by the Governor.

ANY person aggrieved by any order or conviction of a Justice under this Act may appeal against such order or conviction under the provisions of "The Police Act, 1892," with respect to appeals.

Appeal.

83.

Regulations.

84.

THE Governor may make regulations for carrying out the

Ibid., s. 73.

provisions of this Act.

Ibid., s. 154.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

64" VICTORL ♦ , No. 16.

Distillation.

The First Schedule.

Section 2.

35 Viet., No. 6. —The Distillation Act, 1871.

39 Viet., No. 3.—The Distillation Act, 1871, Amendment Act, 1875.

45 Vict., No. 9.--An Act to amend the Distillation Act, 1871.

57 Vict., No. 23.--The Distillation Act, 1871, Amendment Act, 1893.

The Second Schedule.

Section 5.

Wine Aranfachcrer's License to Distil.

No.

Perth,

19

do hereby license

to use a still of

gallons capacity for the purpose of distilling spirits from the fermented juice of

the grape or other fruit on his premises, situate

from this date until the

day of

next ensuing under the provisions of the Distillation Act, 1900, and a any

regulations made thereunder.

And I do hereby acknowledge to have received from the said

the sum of

pounds for this license.

Colonial Treasurer.

C—I P

..1

g

Date of notice of commen- cing, and of having ceased to distil, being posted or delivered, and where.

Date given iu such notice

forcommencing to distil.

Date given in such notice

for ceasing to distil.

g t

5,ty

aft

tCt to

tt

,t

s.,

15i

.,;,4

1

.ii

t Ct5d 1:o

t/ii

t tt

U

24

g(-4

;5 '

24

1'

0a

,-,

.

.t t.,

c

i7it

z4m

-

g: g 2i

.

g

°(4

g

,5

i

t

I

I

511

.11

FtE

cc

R el

<;-'

I

Pv L.

Ft

kr

t ,

c n

0,g

kr,

4 P'

I

I

,PD 2,

II

1

Materials distilled from.

Total quantity, in proof gallons, distilled during the month.

Total quantity, in proof gallons, on hand during last month.

Total quantity, in proof gallons, purchased for fortifying wine.

Cc

:coo

Fortifying wine.

c 0 42

4, 0

we

Placed in bond.

ed 5 c'..<cc ° p.. S.:

r5 ,9b1

Used i n cleans.

0,,V, 'S

iug, etc.

S g.—

By permissionof

a,..loSg=

.

Chief Inspec .

0 S. g

tor.

0 —

Stock on hand, in proof

gallons, at the end of the

Cc

month.

0

Quantity of wine fortified

during the month.

Co

11021211/yS7 a

'91 '°M VI110,109IA 0t9

The Fourth Schedule.

SectiOnW.

Copy of Entries in Monthly Journal kept by

Licensed Wine Manufacturer at

License No.

Still

Gallons.

Date

Total

Total

Total

Total quantity, in proof gallons,

Stock

Date of

given

Date

quan-

quan-

(man-

disposed of during the month

on

Q11,0>

notice of

in such

given

tity, in

tity, in

tity, in

—showing the manner in which

hand,

tity

commencing,

notice

in such

proof

the same has been disposed of.

in

of

Materials

,

Pnonof

year

undof lutvi

1

for

notice

Dates when actually employed distilling, and the

gallons, gall n ,gall

proof

wine

Year

distilled

to

o

I

for

number of hours at work in each day.

par-

n

13

f1 !

Cs sloeli

,

fd°

ur t

trh

lifl

ue egd

19

distil, being ' meat-

ceasing

tilled I hand

chased

Forth

placed

Used

bit

posted, and jug to

to

..

during , from

for for-

tying

i„

distil.

distil,

the

;

last

tifyiug

wine .

hos.

cleans-

In,

I

the

month.

month, 'month,

1

month.

wine.

lug, etc

pector,i month.

Days

I

Hours

Days Hours

Days... Hours ...

Days

Hours

.,

[Signature of Licensed Wine Manufacturer.]

64° VICTORI2E, No. 16.

The Fifth Schedule.

Section 11.

Warrant for Delivery of Spirits for Fortifying Wines.

To

, having in his possession

gallons of unfortified wine, the produce of his own or some other Western Australian vineyard, is entitled to clear gallons of colonial distilled spirit on payment of a fee for fortifying such wine : You are, therefore, hereby authorised to deliver such an amount of colonial distilled spirit from any bonded warehouse, in one or more lots, upon the requirements of the Distillation Act, 1900, being required with.

Chief Inspector of Distilleries.

Spirits Delivered under Authority of this Warrant.

The Sixth Schedule.

Section 13.

Monthly Journal kept by

, Winemaker, at

pursuant to Section

of ihe Distillation Act, 1000.

Quantity, in

Quantity, in

Quantity, in

Quantity, in I Quantity, in

Date of

proof gallons, proof gallons, I proof gallons,

proof gallons,

proof gallons,

The quantity

month and

used for wash-

on hand at the

of wine

on hand at end'! for fortifying

used for

year.

ing or cleansing

end of the

fortified.

of last month. I

wine.

fortifying wine.

casks,

month.

[Signature of Winemaker.]

64" VICTORTIE, No. 16.

Distillation.

The Seventh Schedule.

Section 13.

Copy of entries in Monthly Journal kept by

, Winemaker,

at

, pursuant to Section

of the Distillation Act, 1900.

Quantity, in

Quantity, in

,

Quantity, in

Quantity, in

Quantity . in

proof gallons ,

Date and

gallons,

proof gallons,

Proof gallons,

proof gallons,

The quantity

mouth and

used for

on hand at the

of Wine

on hand at mul

for fortifying

used for

gashing gr

gad of the

fortified.

year'

of last mouth.

wine.

fortifying win°

cleansing casks.

month.

[Signature of Winemaker.]

The Eighth Schedule.

Section 16.

Distillation License.

No.

Perth,

, 19 .

I do hereby license to use a still of gallons for the purpose of distilling spirits from the fermented juice of the grape or other fruit, potatoes, roots, or grain of any produce of Western Australia, on his pre- mises situate at , from this date until the day of

next ensuing, under the provisions of the Distillation Act, 1900,

and of any regulations made thereunder.

And I hereby acknowledge to have received from the said

the sum of

pounds for this license.

Onlonial Treasurer.

The Ninth Schedule.

Section 22.

Monthly Journal kept by

, Licensed Distiller, at

, License No. .

Still .

Gallons Content.

a

if

o gi

"cl ;

iTotalquautity,inproof gollous,1

O

b e.6

i.b

..o

r

2

2

I

disposedof during the month,

ro..,

o

8 1.E

8

g

et

o

agg

.o

,,-, .

showing the manner in which

-op

o

c...:.E, s5

.5.o i

-1'9., e. 1

the sane has been disposed of.

a'2

.

0

9

al

4

'

-4,44

p:z, a g

Year.

*31.7

.1

es 8 .1

Days when actually distilling, and num-

ber of hours' work in each day.

.-.

. o

.

',di gi

7

,4 0

" 4 g

-' °

m

.14?-"E

o ea

> P

C , c,

PI 6 0 coO

41

gt

19 .

... L'O' ,o o

,.2..2

I

0"° a

a

:;,2

° .n2 '''

o

°

°

I

0, w

g.0

o

-o.2

, =

="6

I 2 g.s' t;

g

.0

Ai

41

I

7d g

g v.

A

'. P"

g

C.a)

gi

-e7.

January

Days

Hours

Days

/

Hours

Days

..

Days

..

Hours ...

February ...

Days

...

CC

Hours ...

O

Days...

;11

Hours...

IH

Days

..

Hours ...

Days...

Hours ...

March

...

Hours ...

Hours ...

Hours ...

Days...

Days... Hours ...

April

Days

...

Hours ...

Days... Hours ...

Hours ...

Days...

Days

..

Hours ...

p ,-.

Date of notice of commencing, and having ceased to distil, being posted or delivered, and where.

Date given in such notice for

commencing to distil.

Date given in such notice for

ceasing to distil.

14 r2:1

o ei

glit

nr1

2 4

2 t-

2 4.

ti

■-■ o

FP

LI

w

m

'

tr

5 m

..

i

C4 H 1:".

2.0

o

n.0 r =

ii m

si

Pe el ''''''a

g g

n.-1;

2'0

:4 n

ne

Materials distilled from.

Totalquantity,in proof gallons,

distilled during the mouth.

Totaiquantity, in proof gallons,

on hand from last month.

1-3

Fortifying wine.

F, g 1 1tltl Le

Placed in bond.

ti g E- EtP

2A 4 :94 5 '

Exportation.

cl.t1

er

00

5 g

si

Duty paid.

r e,

g 5.

..1",

5 et

Methylated.

n at

el

u4i

Used in mainline.

Ea.'

tare of vinegar.

p

irA

g 0.

Used for cleansing,

'',

etc.

O

r ti'

n co

Stock on hand, in proof gallons,

at end of month,

Quantity of wine fortified dir

lug the month.

toyvnysxa

'91

VIIMIOTA. 0f9

64° VICTORIAE, No. 16.

Distillation.

The Eleventh Schedule.

Section 28.

License to an Apothecary, Chemist, Druggist, Manufacturer, Photographic Artist, or

Maker of Perfumes.

No.

Perth,

, 19

.

I do hereby license

to use a still of

gallons

capacity for the purpose of distilling, for the purposes of his trade only, on his premises situate at , from this date until the day

of

next ensuing, under the provisions of the Distillation Act,

1900, and any regulations made thereunder.

And I do hereby acknowledge to have received from the said

the sum of

pounds for this license.

Colonial Treasurer.

The Twelfth Schedule.

Section 29.

Production of Fresh Water by Distillation.

No.

Perth,

, 19

I do hereby license

to use a still of

gallons

b

capacity, only for distilling fresh water from salt water, on his premises situate at

, from this date until the

day of

next ensuing, under the provisions of the Distillation Act, 1900, and of any

regulations made thereunder.

And I do hereby acknowledge to liave received from the said

the sum of

for this license.

Colonial Treasurer.

The Thirteenth Schedule.

Section 30.

License to import Apparatus for Distilling Salt Water.

I do hereby license

of

to import into the Colony and to sell or keep for sale at his premises situate

at stills, still-heads, worms, and other utensils or

apparatus necessary for distilling salt water.

Dated the

day of

, 19

.

Colonial Treasurer.

64" VICTORI.X, No. 16.

Distillation.

The Fourteenth Schedule.

Section 34.

Table of Fees for Licenses.

d.

For every wine manufacturer's license...

5

0

0

For every distillation license

...

50

0

0

For every license to keep and use a still for medical, chemical, assay, photographic, or scientific purposes, or for distilling perfumes, or for other manufactures where a still is necessary and in which no spirits are made

0 10

0

For every license to distil water

0

1

0

By Authority : Bream) PETEER, Government Printer, Perth.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0