Liquor distillation (1840) (WA)

WEST ERN AUSTRALIA,

ANNO QUARTO

VICTORI1E BEGIN-1E,

No. 7.

An Act to render illegal the Distillation of

Ardent Spirits in this Colony, after the

18th 111 arch, 1841.

Preamble.

HEREAS it has been found by the experience of several other

Colonies, that the practice of Internal Distillation has proved to

be extremely prejudicial to the Revenues of those colonies respectively;

and it has, therefore, been deemed expedient entirely to prohibit the

Manufacture of Distilled Spirits in the Colony of Western Australia;

I.     BE it therefore enacted, by His Excellency the Governor of

Western Australia and its Dependencies, by and -with the advice and

It shall not be lawful consent of the Legislative Council thereof, that it shall not be lawfulto manufacture dis-

tilled spirits in this to manufacture any Distilled Spirits in this Colony from and after

Colony after the Ism the 18th day of March, in the year of our Lord 1841.

march, 1841.

II.      AND be it further enacted, that any person who shall be con!

Any person convicted

of distilling, to forfeit,	victed of having distilled any Ardent Spirits, or of having been en
for the first offence,
£100; for the second	gaged in the process of distilling any Ardent Spirits in the Colon!
offence, £200; and	aforesaid after the said 18th day of March, 1841, shall forfeit and pal
for every subsequent
off once, goo.	for the first offence the sum of £100; for a second offence the sum a £200; and for a third and every subsequent offence the sum of £400

Anne Quarto Viet. Reg., No. 7.

III. AND be it further enacted, that all Informations and pro-convict ions to be

ceedings on account of any offence under this Act, shall be heard and T at beliflota .e.stromjarT

determined , and all forfeitures and penalties in respect Of the same shall tic& us".

be 'awarded and imposed in -a summary way by any two Justices of the Peace; and that it shall be competent to any one Jus:tice"of the Peace to receive the original information and -complaint, and thereupon to sum- mon the party accused and all necessary -witnesses before any two Jus- tices of the Peace, of whom such summoning Justice need not be one; and upon appearance of the party accused:(or in'his absence upon proof by oath of his having been served with the said summons either per- sonally or by the same being left at his usual place of abode), such two Justices shall hear the matter of such information, and examine all necessary witnesses upon oath, and make stick order thereon as to them shall seem meet; and in case the party accused shall be by them con- victed, and shall fail to pay any fine or penalty, costs or expences, awarded by such order, within three days next after such order shall have been personally served on him, or left at his usual place of abode, Power to Justices to

it shall be lawful for the said convicting Justices to levy ,

fine or penalty, costs or expenses, by distress and sale of the goods and distress and sole, or and raise such ennfreconeeltrion°std°4

chattels of the party convicted ; and in case such goods and chattels shall	°ding 6 months.
be insufficient for that purpose, it shall be lawful for the convicting Justices to commit the party so convicted to any jail, for any time not exceeding six calendar months.

IV.     AND be it further enacted, that all informations and pro- Information tobelaht

ceedings in respect of offences against this Act shall be commenced within ltehrine.simxisrol

six calendar months after the offences thereby respectively charged shall the offence.

have been committed.

V.     AND be it further enacted, that if any person shall think him- ADIe Ito th Q •t r

self aggrieved by any judgment or conviction made under this Act, such sessions. °

person may appeal therefrom to the next Court of Quater Sessions,, which Court shall hear and determine the matter .of such appeal, and shall summon all necessary parties and witnesses, and shall make such order in affirmance or reversal of the judgment or conviction appealed from, and for the payment of the costs of the appeal, as to such Court shall seem meet; and shall enforce such order, if necessary, by distress and sale of the goods and chattels of any person refusing or neglecting to obey such order, or by imprisonment of any such person for any time not exceeding six calendar months, in case the goods and chattels shall be insufficient to pay the required amount, provided that notice of such appeal be given by the appellant to the Justices from whose judg- ment or conviction such appeal shall be made, within three days next after such judgment or conviction, and that such appellant deposit the sum of Five Pounds with the last mentioned Justices, or enter into a Security	for costs,
recognizance, with two sureties, for the purpose of securing the costs of
such appeal.

Anne Quarto Viet. Reg., No. 7.

R‘tervali tia p p?.1- VI. AND be it further enacted, that all forfeitures and penalties

ties in equal moteues tn„,. y imposed, shall be payable in equal moieties to the use of Her	to the Crown and the n't b.
In f orm er. Majesty, her heirs, and successors, for the support of this Colony, and to

the party or parties informing.

JOHN HUTT,

GOVERNOR AND COIKMANDER-IN-CH/EF.

Passed the Legislative Council

the 2nd day of July, 1840.

WALKEYSHAVI, COWAN f

Clerk of the Council.