The Distillation Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO ET QUADRAGESIMO

OCTAVO

No. 319.

The Distillation Act.

ANALYSIS.

Preamble. 21. Spirit ccllar or storeroom to be provided.

PRELIMINARY. 22. Returns to be furnished.

1. Repeal.	23. Journal to be produced.
34. Distances between spivit store and distillery.
2. Short title.	26. W(trchousing of spirits.
3. Interpretation.	46. Entry to be made.
4. Division of Act.	27. Mode of proceeding where spirita are en-

PART I. tered for home consumption.

RE4PECTINQ THE LICENSING AND WOll l i ING 0 1 7

8TILL3 USBn HY WINE 'MANUFACTUREKB PART 111.

AND THE SUPPLY 01.' SPIRIT8 DUTY FREE RERiI'ECTINC: THE LICESSIXQ AND WORKING O F

FOR FORTIPYING WINE.	RTICLl FOX CIXEUI(!AL, MAX'PACTURINQ,
AND O T H ~ ruwosm.

41. Notice

5. Wine munufacturer's distillation licence.	28. Licnnccs to apothr!cnrit~s,	chemists, &c.
6. Certificate required.

7. Bpirit cellar and storeroom to be provided. 29. IJersons map be licensed to dietil fresh

8. Removal of spirits for fortifying wine. water from salt water.

9. Returnv t o be furnished.

10. Wine manufacturer to produce books.	PART IV.
11. Spirits may bo delivered out of bond to

fortify wines. HEBPECTING ALL LICENCES.

30. Duration of licences,

31. Ilenewal of licences.

HXBPECTINO THE LICENSING AND WOKKlNQ Ok' 32. Refusal or suspension of licences.

STILLS USED HY DISTIT~LRKR, AND THE	38. Iirrncra may be transferred.
DISPOSAL OF SPIRITS.	34. Certain llcences become void.

12. St~rnples may be taken for trade pl~rposos. PART V.

13. Winemakers to keep journal. RE9YECTING TNR l(XMOVAL O F BXIBITS AND

14. Unluwful hours for distilling.	SVPElLVISION O k STILLS.
16. Notice hy didiller of commencing to distil.

16. Distillation licences. 35. Distillery and utensils to be kept in good

17. One apparatus can be .l~sntl consisting of repair.

not more than six stills. 36. Notice to be given.

18. Stills licensed under former Acts to be 37. fJurmit for the removal of spirits.

worked only in presence of officer. 38. Spirits remwed without permit will be

19. Licences, how obtained. seized.

20. Distillers working more than ten miles 39. Unlawful permits.

from Adelaide to find lodgings for 40. Officers may stop persons removing spirits

officers. and examine peidts,

47' & 48O VICTORIE, No. 319

The Distillation

41. Xotice of making or importing stills. 5.5. Casks and jars for South Australian and

42. Notice of selling still. blended spirits.

43. Notice of setting up stills. 56. As to bottling spirits in labelled bottles.

44. 9 t i b not to be removed without permission. 57. Penalty for selling articles with falselabels.

15. Distances between the premises of licensed 58. Spirits not to be sold more than a certain

persons and those of brewers. amount under proof.

59. Se~aure of materials for distillation.

60. Seizure of spirits.

PART VI. 1 61. Proceedings under warrant.

RESPECTING DUTIES ON SPIRITS.	62. Ofticer may stop vehicles.
63. Obstn~cting officer? pmalty.

46. Rato of duty.	64. Assaulting and resisting officer, penalty.
47. Spirits may bc used for varnishee.	65. Bribes, how punishable.
48, Permission to use spirits in bond for mak-	66. Penalty for using still without licence.

ing muscadine for export. 67. Sellers and purchasers of illicit spirits sub-

49. Appointment of bonded warehouse. ject to penslties.

80. Spirits may bc removed to any colonial 68. Onus of proof to be on claimant.

port under bond. 69. Act to be deemed a law relating to the

51. Spirits and cordials may he exported. Custonls.

52. Duties, how to be paid.

70. Regulations as to fuscl oil.

71. Informatiou. to be heard by two Justices.

PART VII. l 72. Application of penalties.

RESPECTING OFFICERn, BBIZURE, I'ROCZDCRE,	1	73. Power of Governor to make regulations.
53. Appointment of officers.

AND PENATITIBIS. l 74. Gazette to be evidence iu certain cases.

54. As to label for bottles. SCHEDULES.

An Act to amend and consolidate the Laws relating to

Distillation.

[Assented to, November q t h, 1884.1

Preamble. HEREAS it is expedient to amend and consolidate the laws

W relating to distillation in the Provinuc of South Australia --Be it therefbre Enacted by the Governor of the said Province,

by and with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follow S :

PRELIMINARY.

Repeal of No. G of

1876. 1. The " The Distillation Act, 1876," and all rules and reyla-

tions made thereunder, are hereby repealed.	But this repeal shall
not affect-

(a.) Anything done or suffered bcfore the commencement of this

Act under any enactment repealed by this Act; nor

( b. ) Any right or privilege acquired or duty or liability imposed

or incurred under any section so repealed; nor

(C.) Any fine, forfeiture, or other punishment incurred or to bc

incurred in respect of any offence committed before the commenccnlent of this Act against any enactment so re- pealed; nor

(d.) The institution or prosecution to its termination of any legal proceeding or other remedy, for ascertaining any such liability, or enforcing any such fine or forfeiture, or inflict- ing any such punishment as aforesaid.

2. This

47" & 48" VICTORIE, No. 319.

The Distillation Act.-1884.

2. This -Act may be cited for all purposes as " The Distillation Short title.

Act, 1884."

3, I n the construction of this Act, the following words and expres- Intewetation-

sions, unless iuconsistent with the subject-matter, shall have the

meanings hereby assigned to them rcsycctively, that is to say-

" Wine " shall mean the fermented juice of the grape:

' c Wine manufacturer" means any person holding a C' Wine

hfanufacturer's Liccnce," as hereinafter defined:

Winemaker " means any person (not holding n Wine Manu- facturer's Licence) who makes wine from grapes or other fruit, and who may require to purchase spirits for the purpose

of fortifying such wine:

'"istiller " means any person holding a ' L Distillation Licence,"

as hereinafter defined:

" Spirits " means alcohol, brandy, whisky, rum, gin, low wines, faints, cordials, liqueurs, wines, and spirits of any description, including all liquors mixed with spirits, and a11 mixtures, compounds, or preparations made with spirits, containing

more than thirty-fi~e per centum of proof spirits:

Illicit spirits" means spirits produced and made contrary to

the provisions of this Act, and spirits on which the full duty

shall not have been paid:

Still " means also the head, or worm, or any other part of a

still, or apparatus connected therewith or appurtenant thereto,

and includes any distilling apparatus whatever for the

making, distilling, compounding, or rectifying of spirits:

"

Inspcctor " means the Chief Inspector of Distilleries:

Any Inspector " means the Chief Inspector of Distilleries, or

any other inspector of Distilleries:

Officer " means any officer of Customs, of any rank or grade whatever, and any Inspector or other officer appointed by thc Inspector for the purposes of this Act, or any of them:

fi Distillery " means the premises of any distiller or wine manu- facturer where the proccss of distillation, or rectifying, or compounding of spirits is carried on, and all spirit stores and 'buildings connectcd therewith or appurtenant thereto:

Colonial spirits " means spirits distilled in the said province and

liable to excise duty:

Imported spirits" means all imported spirits and strong waters

liable to a duty of Customs:

a Proof" means the strength of proof as ascertained by Sykes'

hydrometer:

47" & 48" VICTORIW, No. 319.

The Distillation A c t. 1 8 8 4.

Prescribed " means prescribed by any regulations made by the

Governor under this Act :

a 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.

Division of A&. 4. This Act shall bc divided into the following parts- -

PART 1.-Itespecting the licensing and working of stills used by

wine rnanufacturcrs and the supply of spirits duty

free for fortifying wine:

PART 11.-Respecting the licensing and working of stills used by

distillers, and the disposal of spirits:

PART rxr.-Eespectixlg the licensing and working of stills for

chemical, manul-jctnring, and other purposes:

P ~ s r r v. -Respecting a11 licences:

PART v.-Respecting the removal of spirits and supervision of stills:

PART	v I.--Respecting	duties on spirits:
PART	v11,-Respecting	officers, seizures, procedure, and penalties.

PART I.

RES1'ECfL'ING THE LICENSING AND WORKING OF

STILLS USED RY WINE MANUFA%CTURERS AND

THE SUPPLY OF SPIltITS DUTY FREE FOR FOR-

TIFYING WINE.

distil1ation1icence- Manufacturer's Licencc," in the form in the First Schedule to this mine manufacturer's 5. The Treasurer may grant a licence, to be called a " Wine

Act, to any person in the actual occupation of any vineyard or

who shall be a malccr of' wine, upon such person applying therefor,	orchard ~f not less than five acres in extent, and in full bearing,
in writing, under his own proper and usual signature, which appli-
cation shall specify the size and description of the still intended to
be used, and shall have annexed thereto correct drawings of such
still, and of the premises where the same is intended to be uscd; and the holder of such licence is hereby authorised to keep and use upon such vineyard or orchard a. still of ilot leas than fifty gallons capacity for the purpose of distilling spirits from thc fermented juice of the grape or other fruit, being the produce of such or any other vineyard or orchard; and the spirits so distilled,except as hereinafter exceptcd, shall he used only for fortifying wines the property of, and on the premises of, such wine rnanuf'ncturer, so that when such wines are fortified they shall not contain more than thirty-five per ccntum of proof spirit, accorcling to Sykes' hydrometer; and all wine on the premises occupied by any wine manufacturer which shall contain more than that proportion of spirit shall be forfeited, and may be

seized

47' & 4B0 VICTORIW, No. 319.

The Distillation Art.-1884.

seized by any officer: Provided that wine manufacturers may use PART 1.

spirits lawfully distilled by them for the purpose of washing or

cleansing casks.

6, Before any such licence shall be granted, the person applying c e a c a t e reqused.

for the same shall produce to the Chief Inspector of Distilleries hereinaftcr authorised to be appointed, a certificate signed by a Special Magistrate, certifying that such person is in the actual occu- pation of not less than five acres of land planted with vines or fruit trecs in full bearing, and that such person is, in the opinion of such Special Magistrate, a fit and proper person to hold such licence; and such person shall, together with two good and sufficient sureties, to be approved of by the Treasurer, enter into a bond to the Treasurer for a sum of Five Hundred Pounds, conditioned that such person will not use, or s~~ffer to be made use of, the still in respect of which he is licensed for any other purposes than such as are autho- rised by his licence; and further conditioned for the due observance of the provisions of this Act and of all regulations made thereunder.

7, Every wine manufacturer shall provide upon his premises a spirit ceuafor &re- room to be provided.

cellar or storeroom, built of stone, brick, or concrete, wherein all spirits made on the premises, and all wines containing more than thirty-five per centum of proof spirit, shall be deposited and kept securely locked by such wine manufacturer until required for the purpose of fortifying wine, or washing or cleansing casks, or blending, as hcreinbefore mentioned; and all spirits so made shall bc conveyed into such cellar or storeroom, 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 storeroom, 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 cvery gallon of spirits so four~d in

removed from the said cellar or other storeroom, to the stillroom for excess: Provided that spirits requiring to be rectified may be the purpose of re-distillation.

8. Upon payment of a fee of Sixpence per gallon proof for colonial Removal of spirits

spirits, and One Shilling per gallon proof for imported spirits,

for fortifying wine.

any wine manufacturer may removc from such ccllar or store- room such quantity of spirits as may be required for the purpose of fortifying ' wines the property of such wine manufacturcr (but so that such wines, when so fortified, shall not contain more than thirty-five per centum of proof spirit), or for wash- ing or cleansing casks or for blending; and dl such spirits so removed from such cellar or storeroom for fortifying such wine or blending, shall be mixed on the premises of such wine rnanufacturcr in the presence of an officer: Provided that if such wine manufilc- turer shall have a surplus of spirits more than sufficient for ibrtifying his wines, it shall be lawful for the Inspector to grant his permission

in writing to such wine manufacturer to sell or dispose of the same in

one

47" & 48" VICTORIE, NO. 319.

The Distillatim A c t. 1 8 8 4.

-

PART- 1- one lot once during each year, under the supervision of an Inspector or officer, upon payment of the duties chargeable on such spirits, or to remove the same to a duly licensed bonded warehouse; and any wine manufacturer acting in contravention of this section shall be liable to a penalty not exceeding One Hundred Pounds.

Return to be fur-

nished. Q, Evcry wine manufacturer shall keep a journal, which shall be

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

the Second Schedule of this Act, showing-

The date of notice of commencing and having ceased to distil,

being posted or delivered, and where:

The date given in such notice for comniencing to distil:

The dat.e given in such notice for ceasing to distil:

The days when actually distilling, and number of hours at work

in each day:

The materials distilled from:

The total quantity of proof spirits distilled during the month:

The total quantity in proof gallons on hand from last month:

The total quantity in proof gallons purchased for fortifying wine:

The total quantity in proof gallons disposed of duriiig 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 cnd of each month, dcliver or send to the Inspector, at the Custom House, Port Adelaide, by means of a registered letter, a copy of such journal and of the entries (if any) therein during the month just ended, in the form of the Third

Schedule to this Act, also to be provided by the Government Printer	at cost price; and if any such wine manufacturer shall neglect to
shall make, or be party or privy to making, false entries therein, he shall be lia!,le to a penalty of not less than Fifty Pounds nor more than Two Hundred Pounds.

keep such journal, or to forward such copy thereoE as aforesaid, or

wine manufactmer 10. Every wine manufacturer shall, when so required, produce to

to produce books, &c. any Inspector or officer, or any duly authorised officer of police, the journal before mentioned, and shall also permit them to gauge and take such samples as they may deem necessary of all spirits, \vines, or spirituous compounds found on the premises of such wine manufac- turer for the purpose of testing or analysing, and shall truly auswer all questions put by the officers aforesaid relative to the entries in the journal; and any wine manufacturer who shall not produce and exhibit upon the premises, in respect whereof hc is licensed, when required by any of the officers hercinbefore mentioned, such journal, or who shall not produce and exhibit the whole of the spirits, wines,

47" & 48Q VICTORIE, No. 319. 7

The Distillation Act.-1 884.

or spirituous compounds on such premises, or who shall not permit PART I.

the same to be gauged and tested, or who shdl refuse or neglect to -----a--L---

-

set up as directed by the officer the casks required to be gauged or tcstcd or inspected, or who shall not answer or fail to answer truly all questions put to him by the bctbre-mentioned officers relative to the mnnufactu~e and disposal of his wines and spirits, or to the entries in his journal, notwithstanding that such answers may render him liable for any penalty, shall be liable to a penalty of not less than Fifty Pounds nor more than Two Hundred Pounds.

11, No person shall be entitled to remove, take away, or have Spiritat0 bedelhered from cellar, storeroom,

delivered to him, any spirit far the purpose of fortifying and blend- and bonded in

ing wine the produce of the said province, or for washing or cleans- presence of an In- spector or officer, and

ing his casks, from any spirit cellar, storeroom, or bonded warehouse,. b,dto be first

enteredinto.

except in the presence of any Inspector or an officer, and except such spirit for the purposes aforesaid only in the presence of any Inspcctor or an officer, and except upon payment of a fee a t

also upon such person first entering into a bond to the Treasurer,

with two good and sufficient sureties to be approved of by the

the rate of One Shilling per gallon proof fbr imported spirits, and

Sixpence per gallon proof for colonial spirits. The Chief Inspector of L)istilleries may issue his warrant for the delivery of such spirits in the form in the Fourth Schedule contained, and every such pcrson shall use such spirits for the purpose aforesaid on his premises, and in the presence of any Inspector or an officer, ,4ny person who shall offend against, or act in contravention to, any of the provisions of this sectiol; shall for each offence be liable to a penalty not exceed- ing 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 licence tradepurpoBea.	samples of spirits for
under this Act may take samples for trade purposes from any cask

of spirits in his possession.

13. All winemakers shall keep a journal in the form in the Winemakera to keep

Fifth Schedule to this Act showing- journal.

I. The quantity in proof gallons on hand at the end of the previous

month:

11. Thc quantity in proof gallons purchased or otherwise obtained

for fortifying wine:

I I I. The quantity in proof gallons used for fortifying wine:

IV. The quantity in proof gallons used for washing or cleaning

casks (as the case may be):

v. The quantity in proof gallons on hand at the end of the month:

vr. The quantity of wine fortified:

And every such winemaker shall, within seven days after the end of

each

47' & 480 VICTORIE, NO. 319,

The Distillatio~a A c t. 1 8 8 4.

PART I. each month, deliver or send to the Inspector, at the Custom House. Port Adelaide, by means of s registeredAletter; a copy of such journal: and of the entries in such journal, during the month then ended, in the form contained in the Sixth Schcdule of this Act, also to be pro- vided by the Government Frinter at cost price; and if any such winemaker shall neglect or refuse to keep suGh journal, or to firward such copy thereof as aforesaid, or shall make, or bc party or privy to making, any false entries therein, he shall be liable to a penalty of not less than Fifty Pounds nor more than Two Hundred.Pounds.

U ~ ~ W ~ ~ O W B	for	14- (1.) A distiller must not: without the permission of the Inspector, usc a still on any day between the hours of six o'clock in thc 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 on any duly prochimed public holiday.
dietilling.

(2.) But a distillcr may use his still, with the permission of the Inspector, and upon such terms as the Inspector may think proper to impose, between such prohibited hours and on such prohibited days, except Sundays.

(3.) If a distiller contravenes this section he shall incur for each

offence a fine of Fifty Pounds.

N O ~ ~ C ~ bydiatiller of 16. (1.) Every distiller must, at least six days before beginning

cOmmenc"g to use his still, g!ve the Inspector a written notice, specifying the

day on which he lntends so to distil.

(2,) If a distiller contravenes this section, he shall for each offence incur a fine of Two Hundred Pounds.

PART 11. PART 11.

RESPECTIN G THE LICENSING AND WORKING OF	STILLS USED BY I)ISTILLERS, AND THE DIS-
POSAL OF SPIRITS.

Distillation licences.

16. The Treasurer may grant to any person desirous of distilling, rectifying, or compounding spirits, a licence to be called a "Distillation Licence," in the form in the Seventh Schedule to this Act, which shall authorise such person to have and use on his premises a wash still of a capacity of not leas than eighty gallons, and a faints or spirit still of a capacity of not less than forty gallons, or a dis- tilling 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 m y produce of the said province.

used consisting of not

One apparatus c m be 17, Any distillation licence granted pursuant to sec&n 16 may,

,,

if the Treasurer thinks i t desirable so to do, auttlorise the person to

whom

4 7 O & 48" VICTORIE, No. 319.

whom the same is granted to have and use on his prexniscs any -- PART	IT.
apparatus for thc porposc of distilling pursuant to the said section, and which Inay consist of morc than ono still, subject to the following conditions :-

I. The apparatus shall not consist of more than six stills:

TI. NO such still shall be of a less capacity than forty gallons:

I. The whole appamtus shall be so contrived and placed that thn use thneof may be snperviscd by the proper officer as readily as in the case of an apparatus consisting of a single still, or if not so contrived or placed any additional expense canscii tllerehy, either in the ~mploymcnt of nclclitional supervision or otherwise, shall be paid by the holder of the licence to the Collector.

18, No distiller or wine manuhc turer holding at the time of the NO person holding

passing of this Act a licence to distil from the fermented juice of 1ic:enre under forinrr Acts to work his still

the grape or other fruit under Act No. 1 G of 1857-8, or under "The except inthe premce

Distillation Act, 1876," shall, except with the permission of the of an officer.

Inspector, use or work his still--

(a.) Except in the presence of an officer; and.

(b.) Except on the days and between the hours allowcd in section

14 of this Act.

If any person contravenes this section he shall for each offencc

incur fine not exceeding One Hundred Pounds.

19, Every person requiring a distillation licence shall apply for Licence, hawobtained.

the same in writing to the I~~spector, under liis own p rop~r i t~ ld

usual signature. and shall specify in, such application the size and description of the still intended to be nsctl, and shall ;nines to the application a correct drawing of such still, and a correct

plan of the prcmiscs where such still is intended to be w e d; and the person so applying for such licence shall furnish to the	Inspector a certificate signed by a Special Magistrate, certifying
that such person is, in the opinion of such Special Magistrate, a fit and proper person to hold a distillation licence; and befjre such licence shall be issued, the person to whom the same is to bc granted shall, with two good and sufficient sureties, to bc all- proved of by the Treasurer, enter into a bond to the 'Freasmer himself for the sum of One 'l'housand Pounds, and each surety for the sum of Five Hundred Pounds, conditioned that such persoil will not inalre use of such still, or suffer it to be made use of, for any
other than sucli as are authorised bv the licence; and f ~ ~ r t h e r
conditioned for the due observance of the p;ovisions of this Act. and of all regulations made thereunder.

20, If the premises in respect of which the licence is applied for Distiller working

are situate more than tcn miles from the Post Officc at Adelaidc, the

Treasurer may, if he thinks fit, make i t a. condition to the granting lodginga for officers. ?:id

B-319. 0.f

47' & 48' VICTORIE, No. 319,

The Distilbtion A c t. 1 8 8 4.

PART 11-

of the licence that the distiller shall provide to the satisfaction of the Inspector lodgings for the officers to be placed in charge of the distillery. The lodgings must be conveniently situate, and must not form part of the distillery or of the distiller's dwelling-house, and the rent charged for them unfuraishcd must not exceed Twenty Pounds a year. If a distiller to whom a licence is grantcd on these terms faas to provide the lodgings, or to keep them inWrepair, or interrupts or annoys any officer residing therein in his use or enjoyment thereof,

the Treasurer may suspend or revoke his licence.

Spirit cellar or store. 21. Every distiller shall provide a cellar or storeroom wherein all

'Oonl to be provided- spirits made by him shall be placed, and securely locked by him,

until required to be removed for sale, or payment of duty, or fortifying wine, bonding, or exportation; and every such cellar or st,oreroom shall be built of brick or stone, and the windows shall be fastened and sccured by bars of iron onc inch thick, and firmly fixed in the masonry or brickwork at ziot more than six inches apart, ard shall also be provided with a stout door, sheeted on the inside with iron: Provided that all spirits not removed for sale or exportation within two months from the date of distillation shall be placed in a bonded warehouse; but it shall be lawful for the Inspector to give permission to any distiller to keep any such spirits iu such cellar or storeroom for a further period not exceeding two months, for thc purpose of enabling the said spirit to be rectified: Provided that no such per- mission shall be so granted unless it shall be shown to the Inspector to be absolutely necesswy.

Returns to be fur- 22. Every distiller shall keep a journal, to be provided by the

nished.

Government Printer at cost price1(in thc form of the Eighth

Schedule of this Act), shoming-

The dates of notice of commencing or having ceascd to distil being posted or delivered, and where:

The date given in such notice for commencing to distil:

The date given in such notice for ceasing to distil:

The days when actually distilling, and the number of hours' work

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 thc same has been disposed of:

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

The quantity of wine fortified during the month:

And such distiller shall, within scvcn days after the end of each month, deliver or send to the Inspector, at the Custom Hou~e, Port

Adelaide,

47' & 48' VICTORIAi, No. 319.

The Distillation Act.-1884.

Adelaide, by means of a registered letter, a copy, in thc: form (to be	PART	11.
~rovided bv the Government Printer at cost piice) of the Ninth 'Schedule td this Act, of the entries in such journ'al d&ng thc month just ended; and if m y such distiller shall neglect to keep such journal and forward such copy thereof as aforesaid, or shall make, or
be party or privy to making, false entries therein, he shall be liable
to a penalty of not less than Fifty Pounds nor more than Two Hundred Pounds.

23. Every distiller shall, when so required, produce to any inspec- J, I , , to be p,.

tor or officer, or duly authorised officer of police, the jourrlal before ducoa-

mentioned, arid permit him to gauge and take such samples of all

spirits, wines, and spirituous compounds found on thc premises of such

distiller, as he may deem necessary for the purpose of testing or analyz-

ing, and shall truly answer all questions put by the officers aforesaid

relativc to thc cntrics in such journal; and any distiller who shall not

produce and exhibit upon his own premises, when required by any

of the officers hereinbefore mentioned, such journal or the whole of

the spirits, mines, and spirituous compouricls on hand, or permit the

same to be gauged and tested, or who shall refuse or neglect to set up

as directed by the officer the casks required to be gauged or tested or

inspected, or who shall not answer or hi1 to answer truly all ques-

tions put to him by, as aforesaid, relative to the entries in the journal

or the manufacture and disposal of the wines and spirits, notmith-

standing that such answer may render him liable to any penalty, shall

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

Two Hundred Pounds.

24. No distiller, nor any agent of any distiller, shall havc, keep, Didanoes between

or make use of any store, erection, or building, for the sale of duty- :i$-;tO"

md di'

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

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

25. The Inspector may, without payment of any fce, grant pcr- Warehousing of

mission to any distiller to deposit in a bonded warehouse (erected on the premises of such distiller, and licensed under such regulations as may from time to time be made and in force), spirits from the cellar or storeroom of the said distiller, without payment of duty thereon, and such spirits and no other goods shall be secured under locks of the Crown in such bonded warehouse; and in respect of deficien- cies arising on spirits so warehoused, such abatement and allowance shall be made as may be sanctioned by such regulations: Provided that all spirits so warehoused, 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 ware-

housed, and the quantity found to exist at such examination, shall, subject to such allowsncc as may be sanctioned as aforesaid, bc paid down. and the quantity so found shall be re-warehoused in the same manner as at first.

26. Before

47" & 48" VICTORIE, NO. 319.

p------ - -- -. -.

--

The Distillation A c t. 1 8 8 4.

-

26, Before any spirits shall be removed from the cellar or store.

room of any distiller, or from the bonded store erected as aforesaid on the premises of such dist,iller, to m y bonded warehouse under the supervision of thc Customs, an entry of the same in the usual

Entry to be made.	and proper form for warehousing goods under bond shall be passed at the Custom House; and thc p c r s o ~ entering the same shall give security by bond in double the amount of duty which would be payable thercon if taken out of the said store for homc consumption (with one sufficient surety to be approved of by the Collector or other chief officer of Cnstoms) that the said spirits shall bc ware- housed to the satisfaction of the said Collect~l. or othcr chief officer of
Customs, and thereupon the mid Collecu~s or other chief officcr of
Customs shall grant a ~varrartt for the removal of such spirits from the said bonded warehouse erected on the premises of the said distiller to the bonded ware'rronse named in thc warrant; and upon delivery of the warnmt aforesaid to any Tnspector or other proper officer, such Inspector or officer shall allow the spirits therein described to be conveyed to the bonded \varclmuse nan~ed in the margin, ancl upori the rcmoval of such spirits a5 aforesaid the same shall be re-gauged by such Inspector or officer.
Mode of proceeding
where sprits are	27. When any sl~irits deyositcd in thc bonded store attached to or for ship's stores, the distiller shall procure from the Inspector or othcr officer on duty at and in charge of such storc a certificate, on which shall bc writtcn the distinguishing mask or number of each cask, also the nurnber of proof gallons in citch cask so required for home consumption, for cxportation, or for ship's stores, as the case may be; a i d thereupon sllch distiller shall present such ccrtificate to the Collector or other chief officer of Customs, and shall make entry and pay duty thercon, if such spirits be required for home consumption, or make entry and entcr into the necessary bond if such spirits be required for exportation; and the said * Collector shall thereupon grant a warrant for the due delivt.ry of the spirits
entered for home	any distillery are required fbr home consumption, for exportation,
consumption.
when delivering from a bonded wareliomse; and such wwrant, on in thc maimer and form as is required in the case of imported spirits
being delivered to tlic of3cpr on duty at and in charge of' such storc, shall be a sufficient order for the dclivery of the spirits rnt?ntioned therein.

PART ILL

HXSPEC'I'TNG THE LICENSING AND WORBING OF

STILLS FOR CHEMICA4L, MANUFACTURING, AND

OTHEK. PURPOSES.

Licence to apothe- 28, The Treasurer may grant a licencc, in the form in the Tenth

cnlies~chemlats~Bc*	Schedule to t,his Act, to any apothecary, chemist, druggist, manu-
facturer, photographic artist, or maker of perfumes, to use a still of ]rut more than twenty gallons contents f'or the purposes of his trade

47' 8r 48" VICTOKIlE, No. 319.

The Distillation Act.-1884.

only, upon an application in writing to the Inspector, accompanied

PART IEI.

by a certificate signed by a Special Magistrate that the person so applying for snch liccncc cmies on the trade of apothecary, chemist, druggist, manufacturer, photographic artist, or maker of perfumes, and is a fit and proper person to hold such liccncc; but before any such licence shall issue, such person shall enter into a bond to the Treasurer with two sufficient sureties, to be approved of by the Treasurer, for the sum of Two Hundred Founds, ronrlitioned that during the t:~~l.rmcy of such licence. and of any renewal thereof, hc will not make use of such still, or suffer it to be made use of, except for +bp pl~rpose a i d at the place named in snch licence, and that ho \rill obey thc provisions of this Act and the regulations made thcxunder.

29. Thc 'I'rcnsurer may grant a licence, in the form in the Personsmay be

Elcvciith Scllcclulc to this Act, to any person to distil fresh water water fromsaltwater	licensod to distil fresh
from salt water, on such person inaliing application in writing to the Inspector, accompnnicd by a certificate duly signed by a Special Magistratc that thc pcrson making such application carries on busi- ness in a place or part of the said province where fresh water is not procurable in sufficient quantity for his business or the wants of the district, that it is necessary that such person should us5 a still for distilling frrsh water from salt water, and that thc person applying is a. fit and proper person to hold a licence, hut, no such licence
shall be granted for any still for such purpose as aforesaid of less
than fifty gallons contents; but before any such licence shall Fe qranted, the person applying therefor shall enter into a bond to the Treasnrer for Two Hundred Pounds, with two sufficient sureties to be approved of by the Treasurer, coilditioned that the still shall only be used for distilling fresh water from salt water, ancl for no other purpose whatever, and that the obligor will obey all the provisions of this Act and thc rcgulations made thereunder: Pro- vided that any person so licensed who shall change his residence
or shall cease eo make use of such still shall, before the expiration	of the then current quarter, give notice to the Inspector, and
shall in the latter case send the still t o the bonded storc nearest to the district or place where such still was used, or deliver the same to the nearest officer of policc; and any person so licensed who shall fail to give such notice as aforesaid, or who shall fail or refuse to place such still in a bonded store, or to deliver the same to an officer of police, shall forfeit and pay a sum of not less than Fifty Pounds nor more than One Hundred Pounds, and the still shall be forfeited and may be destroyed b; the Inspector, or any person acting under his orders.

PART IV. PART IV.

RESPECTLNG ALL LICENCES.

30, The Treasurer may revoke all existing licences granted under Duration of Licenoea.

an7 Act hereby repealed, and may grant new licenccs in lieu thereof under this Act for the unexpired portion of the term of snch revoked

licences,

47" & 48" VICTORIE, NO. 319. -

The Distillation Act.-1 884.

PABT IV. licences. All annual licences granted or renewed under this Act shall

- continue in force until the thirtieth day of June following the date of the granting thereof; and there shall be paid to the Treasurer for every such licence the sums respectively mentioned in the 'Pwelfth Schedule to this Act; and upon such payment, a d upon the produc- tion of a ccrtificatc from the Irispector that all the requirements of this Act have been complied with, such licence shall forthwith issue to the person who shall be entitled to the same.

Renewd of licences. 31. Every licence granted under the provisions of this Act Inay be renewed at its expiration, upon the person applying fbr such renewal paying to the 'L'reasurer the sum required by this Act to be paid for the licence which such person desires to renew, and on production of a certificate fiom the Inspector that all the regulations of this or of any other Act in force for the time being, relating to the distillation, rectifying, or compounding of spirit, have been complied with 11y such person: Provided that if the person applying for such licence shall have been convicted of any offence under this Act, or undcr any Act in force for the time being relating to distillation, or shall have forfeited any recognizance or bond under this or any such Act, it shall not be lawful for the Treasurer to grant such renewal of any licence, and he is hereby expressly authorised and directed to refnse the same, unless i t be proved to his satisfaction that the offencc or forfeiture was not wilful: And provided also that no licence shall be renewed under the foregoing provisions unless the person applying for such renewal shall (if required by the Treasurer) enter into a new bond to thc Treasurer, with two sufficient sureties, to be approved by the Treasurer, for the same amount as that entered into by him on obtaining his licence and conditioned in like manner.

Refusal or suspension 32, The Treasurer may refuse to grant or to renew any licence

of licences.	for the granting a renewal of which application is duly made under
by lliru upon proof being given to the satisfaction of the Treasurer this Act, or may suspend or cancel any licence granted or renewed that the provisions and requirements of this Act, or any of them, have
been contravened, or have not been fulfilled, or that any Inspector or officer has been obstructed or prevented from performing any part of his duty by the person applying for or holding such licence or renewal thereof, or by any person acting under his authority or by his direction; or where, from the local situation oi a distillery (the licence for which is required to be granted or renewed), in respect of any brewery or manufactory of cordials, in making of which spirits are used, or of any store or house in which spirits are sold either by wholesale or retail, i t may appear to the Treasurer inexpedient to grant or renew such licence.

Idconces my be	33,	I n the event of	the death, lunacy, or insolvency of	any per-
trderred.

son holding a licence under this Act, such licence may be transferred to the legal representatives of such person upon fresh securities b e i ~ g entered into, and the Treasurer being satisfied that such re- prea&tatives are fit and proper persons to hold a licence.

34. No

47" & 48' VICTORIE, No. 319.

The Distillation Act.-1884.

34. No mine manufacturer nor distiller, nor any other person who PART W -

shall be the owner or part owner of, or who has any interest or certainiicenee8 to

share in, a distillery, or in any premises or concerns used for rectifying become void.

or compounding spirits, nor any medical practitioner or chemist licensed

to use a still, nor any person licensed to use a still for scientific or:

other purposes, nor maker of perfumes licenscd to use a still,

nor any person licensed to distil fresh water from salt water, shall

hold a licence under any Act for the time being in force relating to

licensed public.houses; and in case any person who shall have

obtained a licence under any such Act as aforesaid shall, after the

obtaining of such licence, become thc 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 licence so

granted under the said Act shall thereupon become and bc absolutcly

void, and such person, if he sell thereunder, shall be liable to the

penalty by law attached to, and may be prosecuted and convicted

for, selling fermented or spirituous liquors by retail without a licence.

PART V. PART v.

EESPECTING THE REMOVAL OF SPIRITS AND SUPER-

VISION OF STILLS.

35, Every wine manufacturer or distiller shall maintain and keep Distilleryand*utonsils

&$>ptingood

his still in good repair, and shall, at his own expense, provide premises where distillation is authorised, for the purpose of inspecting

proper and sufficient fastenings, to the satisfaction of the Inspector,

for the purpose of securely fastcning his spirit store, the several

covers and furnace-doors, and fbr securing the tail pipes, condensing

chamber, safes, pumps, plugs, taps, and other utensils belonging or

appertaining to such still or distilling apparatus from use; and any

the same and of locking and securing, with locks of the Crown, the L O C ~ S of Crown.

still and several covers and furnace-doors, tail pipes, condensing chamber, safes, pumps, plugs, and taps thereof, or any or either of	them, and for all such other purposes as in the opinion of such
Inspector or officer may Fe requisite or necessary; and any such wine manufacturer or distiller who shall neglect to keep his utensils in repair, or to provide sufficient fdstenings as above required, or who shall obstruct any Inspector or officer in the discharge of his duty, shall be liable to a penalty of not less than Five Pounds and not exceeding %if ty Founds.

36. Every wine manufacturer or distiller, when requiring to make Notice to be given.

use of his still, shall give at least six days' notice thereof, in writing, by delivery to, or by forwarding such notice as a registered letter through the Post Office to, the Inspector, in order that an officer

may be in attendance to open the several locks and fastcnings; and such notice shall state 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

47" & 48' VICTORIIE, No. 319.

The Distillation A c t. 1 8 8 4.

like manner to the officer in chwge of the nearest police station; and sitnilar notices shall be given vithin twelve hours after ceasing to distil, so that an officer, as aforesaid, may attend to lock and secure the still and spirit cellar or storeroom; and any wine manufacturer or distiller neglecting to give such notices, or duplicate notices, shall be liable to a pe~mlty of not less than Fifty Founds nor more than

One Hundred Pounds.

Permite for the

removal of spirita.	37. No spirits shall bc sent, taken, or removccl out of the pre- mises of any wine rnanuf'acturer or any distiller except hctwem the hours of nine in the forenoon :~nd four in the af'ternoon, nor without n
permit to remove the same, signed by an lnspcctor or officer,
such permit to cot~tain the manufacturcl's or distiller's name, a. statement of the place from whence such spirits nrr to be removed, a description of the vessel or vcssels in which such spirits are contained, and the qnantity of spirits contained in every such vessel or vessels, and the n;me and residcnce of thc person or persons to whom such spirits are to be delivcrecl or forwarded, and such permit shall also spe& the time durinc which the snrno'is to continue in force: Provided that such per mt shall not be granted by the Inspector or officer for the removal of ally spirit which shall not have been previously lodged aud deposited in the cellslr or storeroom of such wine manufacturer or clistillcr, xior in :t less quantity than tcn gallons.
Spirits removed

without permit will 38. A11 spirits rcrnovcd from the premises of any winc manu-

be seized.	facturer or distillcr without a permit as aforesaid, or except bctweeu the hours mentioned in the last preceding clause, may bc scized and forfeittd together with the cask, casks, or puckagcs in mhicli the same shall be contained, a d tlic carts, drays? or other corn-cyances:
and the horses or other animals eniployed in rcinovirlg the same.

Unlawful permits, 39. Every permit used for any purpose whatever other than to

accompany the removal and de1ive.y of the spirits fbr which s~lcli

permit was obtaiucd and granted, aac;l, at the time limited and to thc	place expressed in such permit, shall be deemed and taken to be an
unlawful permit.

Officers mar atop per-

aons removing spilits 40, Ally Inspector, or officer, or police constable, may stop and

and examine permits.

detain any person who shdl be found removiug or carrying any spirita of any kind from thc prenlises of any wine manufacturer or distiller, and may dcmand the production of the yennit or permits as aforesaid accompaying such spirits, and on being satisfied that tlic spirits are the same in quantity, quality, sort, or kind, ancl strength, as t?r;preweci in such permit or permits, and that the duty payable in respect thereof lies been paid or securcd to be paid for the same, such Inspector, officer, or police constable s l d l indorse on such permit or permits the time, hour, aud place of such examination, and shall sign his name thereto; and if any person so found rcmoving or r:trrying sway such spirits which are required to he accompanied with ir

permit shall refuse or neglect to produce such permit or permits ,. as . -

47' & 48" VICTORIA, No. 319.

aforesaid immediately on being required so to do by any Inspector,

Pasr v.

any such spirits without n lawful permit, every such shan f&

every sucfi offeiux bc liable to a penalty not exceeding One

officer, or police constabie, or shall be found removing or carrying ' may, and he is hereby authorised, cmpomered, and required to, stop, arrest, a i d detain every such person, and to convey the said person, together with the spirits so found, before one or more Justices of thc Pcacc residing near to the place where any suck person shall be stopped or arrested; and such Justice or Justices of the Peace may, and he is and they am hereby required, and shall have full power and authority to, hear and determine in a summary way any information against any such person so stoppcd and arrestcd under the provisions of this Act, and on the confession r ~ f any such person, or upon proof on oath by one or more credible witness or witnesses, convict such person in such penalty as aforesaid.

41. No wine manufacturer nor distiller, nor any other person, shall Notice of making or

worm, or other utensil for distilling whatsoever, without having

first given notice thereof in writing to the inspector or Collector of

commence to make, or to land out of any ship, any still, still-head, importing the number of gallons which such still is capable of containing, and every person who shall commence to make, or who shall land out of any ship, any still, still-head, worm, or other utensil for distilling whatsocvcr, without having first givcr, such noticc as aforesaid, shall forfeit and pay a penitlty not less tharr Ten Pounds and not ex- ceeding Fifty Pounds,

42, No wine manufacturer nor distiller, nor any other person, Notice of selling still.

shall part with or sell any still, still-head, worm, or other utensil for distilling, cithcr scparatcly or as part of any house, building, prc-

having given notice in writing to the Inspector of the name and	mises, or place in which any still shall have been erected, without
residence of thc transferee or purchaser thereof, and also of the number of gallons which such still is capable of containing, under a penalty of not less than Twenty Pounds and not exceeding Two Hundred Pounds.

43. No mine manufacturer nor distiller, nor any other person, Notice of

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

writing of his intention so to do to the Inspector, which notice shall

set forth the number of gallons which such still is capable of con-

taining, the natne and residence of the owner thereof, the place in

which it is intended to crcct and set up thc same, and the purpose

for which such still is to be used. And every wine manufacturer,

distiller and other person who shall erect and set up any still with-

out having first given such notice as aforesaid, or shall knowingly

give an incorrect notice, shall be liable to a penalty not less than Ten Pounds and not exceeding One Hundred Pounds, unless such

C-319 wine

47' & 48" VICTORIE, No. 319.

The Distillation A c t. 1 8 8 4.

V. wine manufacturer, distiller, or other person shall at the time hold a valid licence under any ~ c t in force tor the time being relating to distillation.

Stills not to be 44, No distiller, wine manufacturer; or other person licensed

removed without per-

mission	under this Act, shall rcmove or alter any still without the permission of the Inspector; and any Inspector is empowered to visit and in- spect stills of all kinds at any time in the day, and should any such stills have been removed or altered without the permission of the Inspector, they shall be forfeited, and the person licensed for such still shall forfeit and pay a penalty not less than Twcnty Pounds
and not exceeding Two Hundred Pounds.
Distmreabctweenthe

premises of licmsed 45, No distiller or wim manufacturer sllall practice, follow, Or

persons and tllose of	use the tradc or business of a brewer of ale, porter, beer, or mnlccr of
brewers.	cordials, within the premises on which therc: is a still for the distil- lation of spirits, nor 011 any part thereof, nor on any other place or premises within one hundred yards of the said premises on which there is a still fur thc di~tillat~ion of spirits, under a penalty of One Hundred Pounds for every day that such trade or business shall be carried on: Provided that the Treasurcr may, if he think fit, grunt permission in writing to any clistillcr or wine manufacturer 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 one hundred yards, upon satisfactory proof being given to him that the carrying bn such trade or business at a less distance will not
be conducive to any violation of thc provisions of this or any Acts
relating to the revenue,

PART VI. PAR% VI.

RESPECTING I)UrT1ES ON SPIRITS.

Rate of duty. 46, From and after thc passing of this Act, the duty payablc

upon a11 spirits that may be distilled in the said province from	grapes, fruit, wine, potatoes, roots, or gmin, or other produce, shall
be eight shillings for evcry gallon; and such duty shall be paid upon the standard gdlon-measure of spirits of the strength of proof by Sykes' hydrometer, and so in proportion for any greater or less strength than proof, and also upon any deficiences ascertained in the manner herein directed.

Spirits may be 47,

Any Tnspector may, by writing under his hand, permit spirits lodged in any spirit store, cellar, storeroom, or bonded warehouse as aforesaid, to be used for the purpose of dissolving rcsins and g ~ m ~ s for varnishes and other like manufacturing purposes for

for ~a rn i shc~.

which methvlated spirits are used and required; and for that pur-

pose RU& sjirits 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 rcndered wholly unfit for human consumption; and such spirits so methylated

may

47' & 48" VICTORIB, No. 319.

The Distillation ~ c t. 1 8 8 4.

--P- ---- -p

lnay be delivertd o!~t of such cellar, storeroom, or bonded tvsrc- PART VT.

- --

house without pnpnicnt of duty: Provided that the proccss of mixing hereinhfo& inzntioned shall be pwfonncd under the super- vision and in the presence of ail officer of C~zstoms appointed to superintend the snnic: Provided also, that any Insycctor inay allow spirits distilled under this Act to be rendered unfit for hurnan con- sumption 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: Provided alio, that tile jnspcotor may, under ally regulations made as hereindter provided, allow spirits distilled under this Act to be cleared free of duty for the purpose of being manufactured into vincgar, or of being used in the preparation of medicines.

48. The Inspector may, by writing under his hand, and on such permissionto use

terms and conditions as he may thinlr fit, permit spirits, lodged in spirits inbond for making muscadine

any bonded warehouse, to be used for making muscarline, containing f or export.

not more than thirty-five per cent. of spirit, for export or for flavor- ing wine; and such spirits may thcn bc so used in the presencc of an officer on payment of Sixpence per gallon proof for colonial spirits, and One Shilling per gallon proof for imported spirits.

49. The Treasurer inay appoint m y bonded warehouse which may Appointment of

be necessary, for the purpose of lodging therein under bond any	warehou"e.
spirits distilled under the provisions of this Act without the payment of duty; and the spirits so lodged shall be subject to the same rules and regulations, in respect to re-gauging and leakage, as imported spirits when in bond in any bonded warehouse under the provisions of the Collector or other chief officer of Customs.

50, Spirits warehoused or bonded, as in the last preceding section Spirit8 may be re- moved to any colonial

mentioned, being first duly entered at the Custom House, may be under bond.

deli~ered under the authority of the Collector or other chief offices

of Customs, without payment of duty, for thc purpose of removal to	any port within the boundaries of the said province, under bond, to
the satisfaction of the said Collector or other priilcipal officer of Customs for the due arrival of such goods at such port, and for the payment of the duty payable thcreon to the officer appointed to
receive the same, upon being landed, or for thc safe deposit of t l ~ c
same in some duly approved bonded warehouse at such port.

51, Spirits distilled in the said province, and compounds, cordials, Spirits m d cordiaIs

muscadine, arid medicines containing such spirit (if intended for ex- may be exported.

portation, and maiiufactured under any regulations made, as herein-

after provided) may be exported to places beyord the boundaries

thereof without payment of duty, but the person exporting the same

shall pass an entry outwards in the usual manner, and shall enter

into bond in double 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 s t the place for which they shall be

entered

47' & 48' VICTORIE, No. 319.

The Distillation Act .1884.

entered outwards, or be otherwise accounted for to the satisfaction of

the said Collector or other chief officer of Customs.

Duties, how to be

52, A11 duties on spirits distilled in the said province, and depo- sited in bonded wareEumses under thc supervision of the Collector of Customs, other than bonded warehouses not subject to the pro- visions of this Act, shall be paid to the Collector of Customs in the same manner, and under the same regulations, as for irnported spirits in bord: Provided that, in places whew there is no Collector of Customs, the duties on spirits distilled in the said province, as aforesaid, shall be paid to such other officer as the Governor in ~xecut ive Council h a y appoint to receive the same, in the same manner and undcr the same regulations as if paid to a Collector of

* Customs.

paid.

PART VII.

PART VII.

RESPECTING OFFICERS, SEIZURE, PROCEDURE, AND

PENALTIES.

Appointment of 53. The Governor may appoint some fit and proper erso son to

officers.	be Chief Inspector of Distilleries, and also such and so many Inspectors of Distilleries and other officers as mav be nccessary for the due execution of this Act; and until such aipoin tments shall
have been made under this Act, the Inspector of Distilleries, and a11
other officers appointed under thc provisions of the Act now in force in the said province, or the Acts hereby repealed, shall have
full authority to carry into execution the provisions of this Act.

h to labels for 54, No person shall have in his possession or under his control,

bottles.	or shall sell or purchase, or contract to sell or purchase, any label or labels appropriate and intcnded for the purpose of labelling any bottle or bottles containing spirits, liqueurs, cordials, wine, or beer, unless such label or labels shall contain imprinted thcreon in plain
and legible characters of at least the size of one-eighth of an inch: (a.) I n the case of u label appropriate and intcnded for colonial spirits, the words " South Australian spirits":

( b. ) I n the case of a label appropriate and intended for colonial

spirits, blended or mixed with imported spirits, the words

South Australian and imported spirits blended and

bottled in South Australia":

(C.) In the case of a label appropriate and intended for imported

spirits, the words	Imported spirits bottled in South
Australia ":

(d.! I n the case of a label appropriate and intended for liqueurs, the words '' South Australian liqueurs " or Imported liqueurs," as the case may be, followed by the words

"bottled in South Australia ":

(C.) In the case of a label appropriate and intended for cordials,

the name of the manufacturer and the place of the manu-

facture: (f*) In

4 7 O & 4%" VICTORI&, No. 319. 21

- - --

The Distillatiort Act .1884.

(F) In the case of a label appropriate and intended for wine, the words " South Australian wine," or " Imported wine," as the case may be, and followed in either case by the words, PABT vrr.

'"bottled in South Australia":

(g.) In the case of ;t label appropriate and intended for beer, the

words South Australian becr" or " Imported beer," as

the case way be, at1d followed in either case by the words

bottled in South Australia,"

And every person acting in contravention of this section shall be liable to a pcnalty of not lcss than Twenty nor more than Two Hundred Pounds for each offence, and all such labels shall be forfeited.

55, (1.) No person shall have in his possession or under his Casksor jars for

control, or shall sell or purchase, or contract to sd l or purchase, any blended spsts.	South Australian and
cask or casks, or jar or jars, appropriate for and intended to contain spirits unless such cask or casks, jar or jars, shall have imprinted thereon in plain and legible characters of at least the size of threc- quarters of an inch-

( a. ) In the case of the same being appropriate for and intended

to contain South Australian spirits, the words	South
Australian spirits ''; and,

(b.) I n the case of the same being appropriate for and intended to contain South Australian spirits blended or mixed with imported spirits, the words " Blended South Australian

and imported spirits."

(2.) If any person contravenes this section he shall, for each offknce, incur a-pe~ialty	of not lcss than Fifty Pounds nor more than
One Hundred Younds.

56. Any person- As to bottling spirits

in bottles with lab&

(a.) Who havin g in his possession or under his control any bottles affixed thereto.

with labels affixed thcreon shall, without removing anci ciestroying such labels, make use of such bottles for the purpose of bottling spirits, liqueurs, cordials, wine, or beer:

(b.) Who s l d l krlowiilgly sell or purchase such spirits so bottled in a bottle or bottles with such a label, or such labels, shall be liable to a penalty of not less than Twenty Pounds nor more than Two Hundred Pounds for each offence.

57, Every person who shall wilfully sell or give a label with any Penalty for selling

article sold by him, and whether affixed or not to such article, which shall falsely dcscribc the article sold, shall be guilty of an offence under this Act, and shall be liable to a pcnalty not exceeding Twenty Pounds.

58. No person shall sell, exhibit, or off'er for sale any spirit, Spiritsnot ta be ~ l a

except sweetened gin, which is of less strength than twenty-five per more	amount	than	under	a certain	proof.
-

cent.

47' & 48" VICTORIW, No. 319. P ----p

The Distillation, Act .1884.

Paar vli. cent. under proof, nor any sweetened gin which is of less strength than thirty-five per cent. under proof; and evcry person acting in contravention of this section shall be liable on conviction to a penalty not exceeding Twenty Pounds.

of 1 59. Any Inspector or officer, or officer of police, police constable,

for distillation.

or any other person appointed by the Governor, may seize any still, still-head, worm, or other apparatus or uterlsil whatsoever, intended or suited for distilling or for any process of distillation, found in any :home, building, premises, or placc whatsoever, unless the owner or occupier thereof shall hold and produce a valid licence under this Act, or shall have otherwise complied with the regula- tions and provisions of any law in force for the time being relating to distillation; and may also seize all materials capable offermentam tion, and all worts, wash, wines, spirits, and other chattel propcrty of every kind whatsoever intended or suited for distilling, or for any process of distillation, found in any such house, building, place, or prcmiscs, and all such articles so seizcd as aforesaid shall be forfeited, unless the same have rcmained on the prcmiscs pending an inquiry as to the expediency of a renewal of a licence.

seizure of apiritLs.

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

Proceeding8 under 61, In case any Inspector or officer, or other person duly autho-

warrant.	rised as aforesaid, shall have cause to suspect that any still, in respect of which no licence shall have been granted, or any still- head, or worm, or other utensil for distilling whatsoever, or any back 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 thc: full duty shall not llave been paid, is or are set up, kcpt, or concealed in any house, building,
premises, or place, then and in such case, upon information exhibited by such Inspector, officer, or other person as aforasaid
before any Justice of the Peace, setting forth the ground of his
suspicion, it shall and may be lawful fbr such Justicc of the Peace before whom such information shall have been exhibited, if he shall judge it to be reasonable, by warrant under his hand and seal, to authorise and empower such Inspector, officer, or other person ap- pointed s s 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 placc where he shall so know or suspect such still or other things as before enumerated
to be set up, kcpt, 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 sa& in the house, building, premises, or place; where found, or to remove the same to some bonded warehouse, or

p ~ i c e j

47' & 48" VICTORIW, No. 319. .. . -

The Distillation Act.-1884.

police office next to, or most accessible from, the place where the	PART	VII.
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 w i t of assistance under the hand of any Judge of the Supreme Court of the said province, may, in company with a constable, and the Inspector, or the Collector of Customs, without such writ of assistance, in company with tt Justicc of the Peace, may act as aforesaid without information or warrant.

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

provisions of this Act may, upon reasonable suspicion, stop any cart, vehiclcs-

dray, or other vehicle whatsoever, and cxamine all goods carried

thereon, for the purpose of ascertaining whether any still, worm, or other utensil or apparatus for distilling or rectifying spirits is contained or carried thereon; and if' no such still, worm, or other utensil or apparatus as aforesaid shall be found, then and in all such cases '<he Inspector or other officer so stopping and examining such cart, dray, or other vehicle, having had reasonable and probable cause to suspect that the same were contained or carried thereon, shall not on account of such stoppage and search

be liable to any prosecution or action izt law on account thereof;

and any person who shall obstruct or offer any hindrance to any such Inspector or other officer as aforesaid in the performance of his duties shall be liable to a penalty not less than Ten Pounds and not exceeding Fifty Pounds; and should any still, worm, or other utensil or apparatus for distilling be found in or on any such dray, cart, or othcr vehicle without lawful permission, the same shall be forfeited, together with the said vchiclc and the horse or horses or other cattle drawing the same, and the owner thereof shall be liablc to a penalty of not less than Twenty Pounds nor more than Onc Hundred Pounds.

in any manner obstruct any- Inspector or officer, or any person acting penalty. 63. Any wine manufacturer, distiller, or other person who shall Obstructing officers--

on his behalf, in the execution of any of their dutics, or in the

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

assault, or by force or violence resist, oppose, molest, hinder, or ofEcer-penalty. 64. If any wine manufacturer, distiller, or other person shall dssaulthg or resisting

obstruct any Inspector, officer, or any person acting on his behalf, every wine manufacturer, distiller, or other person so offending, or

aiding,

47" & 48' VICTORIW, NO. 319.

The Distillation A c t 1 884.

PART	VII.	aiding, or abetting, or assisting therein, shall be adjudged guilty of a misderneanor, and shall be liable, at the discretion of the Court before which he shall bc convicted, to be imprisoned in any gaol with hard labor for any term not less than three months nor more
than three years.

Bribes, how punish-	65. If any wine manufacturer, distiller, or other person shall give, offer, or promise to give, any bribe, recompense, or reward, or shall make or offer to makc any collusive agreement with any Inspector, officer, or other person authorised as aforesaid, to induce him in any way to neglcct his duty, or to conceal or cmriive at any act whereby any of the provisious of this or any other Act
able,
now in force relating to distillation may be evaded, every such
wine manufacturer, distiller, or other person so offediilg shall, on conviction thereof, be liable to a penalty not exceeding Two Hundred Pounds, whether such gift or offer shall bc accepted or such promise performed or not; and any Inspector, officer, or other person appointed as aforesaid who shall directly or indirectly take or receive any bribe, recompense, or reward, or shall in any way neglect his duty. or conceal or connive at any act whereby any
of the provisions of this or of any other such Act as aforesaid may
be evaded, shall be liable to a penalty not exceeding Two Hundred Pounds, or shall be liable, at the discretion of the Court before which he shall be convicted, to be imprisoned in any gaol, with or without hard labor, for any term not exceeding twelve months.

Peneltyfrr uaiog 66. Any wine manufacturer, distiller, or other person who shall

without licence.	have in his possession, or on his premiscs, or who shall make use of, any still, utensil, or apparatus, or any part thereof, for distilling or rectifying and compounding spirits, Githout having first obtained
a licence under this Act, or, having obtained a licence, shall have or make use of any still, utensil, or apparatus, or any part thereof
respectively, as aforesaid, otherwise than may be authorised by such licence, shall be liable to a penalty of not less than Onc Hundred nor more than Five Hundred Pounds, together with a fo~feiture of all such stills, utensils, and apparatus, or part thereof, and also all spirits and all materials from which spirits could be distilled, and
which may be found in or about such premises: Provided that any wine manufacturer, distiller, or other person who may have in his possessim, a t the time this Act comes into operation, any still, utensil, or apparatus, or part thereof, as aforesaid, and who shall not
be desirous of further or again using the same, may deposit srxh
still, utensil, or apparatus, or part thereof, in a store or secure place, to be appointed or approved by the l'reasurer, and shall not then be
liable to the penalties herein mentioned, in respect only of' the saine
being his property.

$7. Every wine manufacturer, distiller, or other pcrson who shall

sellam and purchasers

ofjllicitsphitssubject sell or dispose of, or who shall offer to sell or dispose of, any quantity

to penalties. of illicit spirits, or spirits part of which is illicit, shall bc liable to a

penalty of One Hund~ed

Younds, and the forfeiturc of the spirits so

sold

The Disti2laticzn Act.1884.

sold or disposed of, or offered for sale or other disposal; and every	PART	vrr.
- --
wine manufacturer, distillcr, or other person who shall knowingly purchase any such spirits shall be liable to a similar penalty of One Hundred Pounds, together with the forfeiture of the said spirits so purchased.

68. If any spirits or other property shall be seized or stopped for onus of proof to be

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

69. This Act shall be deemed and taken to be an Act relating to A C ~ to bedeemed a

the Customs, and all persons employed in the execution hereof, by c,,bm,.	law relating to the
the direction of the Governor, shall be deemed and taken to be officers of the Customs for. the purposes hereof ; and all the privi- leges, rights, remedies, enactments, protections, and provisions of the laws for the time being in force within the said province re- lating to the Customs, and to Customs officers, shall, so far as applicable, apply in like manner to all persons and things, and to
all forfeitrues and penalties, and to all proceedings under this Act,
as if the same were expressly herein inserted.

70, No colonial spirits shall be cleared from bond until an officer, Regulritione us to

to be appointed by the Collector for the purposc of examining fuseloil	clearing and 88 to
colonial spirits, shall have first certified in writing to the Collector that the spirits proposed to be cleared are free from any deleterious quantity of fuse1 oil; and if any person shall clear, or attempt to clear, any colonial spirits contrary to this section, he shall for every such offence, on conviction, forfeit and pay a penalty of not more than One Hundred Pounds.

71, All informations for offences against this Act may be Ir.formationto be

heard and determined by two Justices of the Peace in a summary heardDJ.twoJustices-

way,

72. All penalties recovered under this Act shall be applied to Application of penal-

the purposes next hereinafter mentioned in such proportion as the tiefib

Governor in Council may direct; and in default of such direction in

the proportions following, that is to say- one moiety to the Treasurer,

and the other moiety to the seizing officer, or if there be an informer

as well as a seizing officer, one-third shall be paid to the Treasurer,

one-third to the seizing officer, and one-third to such informcr:

Provided that all fines and penalties inflicted under this Act, in Proviso.

cases where it is clearly proved that the stills can have been used

for the distillation of salt water only, may be remitted by the

Governor.

D-319. 73. The.

47' & 48' VICTORIR. No. 319.

The Distillation Act.-1884.

Paar VII. 73, The Governor in Council shall from time to time prescribe

-

porsr of aovsmor to and publish in the Government Gazette such regulations as to him

~akem@tiou. shall seem meet for carrying out the provisions of this Act.

omtt. s beeriaem~ 74. The production of the Government Gazette, purporting to be

in printed by the Government Printer, in which shall be published any regulation under this Act, shall be taken to be prirnd faeie evidence in all Courts of Justice in the said province of such regulations.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WILLIAM C. F. ROBINSON, Governor.

THE

The Distillation Act.-1884.

THE FIRST SCHEDULE.	(sec. 6.)
Wine Manufacturer's Licence to DiidZ.

No. Adelaide, 18.

I do hereby license to use 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, 1884," and of any regulations framed thereunder. And I do hereby acknowledge to have received from the said	the sum of
Five Pounds for this licence.

, Treasurer.

THE

THE THIRD SCHEDULE. (SW. 9.1

Copy of &tries in Monthly Journal kept by , Licensed Wine Nan@cturer, a t , Licence No. , St4EEEgallons

content, for the Month of 18 .

Total

Date Mvep Total Total Stock in proof on hand

Date given Materinls qnantiv in aunntity Of

n snch nattcc Date* when actually employed P"an,"gbg

Year 18 . for corn - in such notice distilling, and the nnmber of hours at work pmof p OnS. pn:o gallons. at t h e b e forhfied.

for cewing fmm. dis fled m hand pulchased end of the during the

menchg to in each day.

- tea oru distil. to distil. durinp the mm last for fortifying Placed month. month.

deEered, and

month. month. wme. in Bond.

I - --

1 - p Hours.. .. .. I ...... I I I 1 I I I I

[SQnature o_f Licenstd Wine Manufacturer.]

THE FOURTH SCHEDULE.

Warrant for Deliwery of Spirit for Fortifying T i n e.

, having in his possession gallons of unfortified wine, the produce of his own or some other South 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, i n one or more lots, upon the requirements of " The Distillation Act, 1884,'' in this

behalf being complied with. , Chief Inspector of Distilleries.

Spirits delbered under authority of this Warrant.

Date. From what Store. Qunntiity, in proof gallons. By whom delivered.

l

47" & 48" VICTORIW, No. 319: 29

The Distillation Act.-1884.

THE

The Dis~iZlution A c t 1 884.

THE

THE NINTH SCHEDULE. (see. 21.)

Copies of Entries in MonthZy Joztrna E Kept 6y Licensed DistilZer at Licence No. Still

gallons content, for the Month of 18 .

Total quantity in prcdgrlllona dinpmed of during the month--

&&ing the manner$ which the same has

T o w	Total	been &posed of.
quantity,	quantity,

Date given in roof forfeited

in -uch notice Days when actually d i s t i i g and number of

1	mencing to	for ceasing	hours' work in cad day.	zg;	on hand
galPons i Used in the

Year l 8 .

beiiposted or de vered distil. to distil. luring the hrnlmt ~ortifg- i placed E of month. month.

month.	month.	W%.	1	&d.	1	facture of	&c.
vinegar.

--	.p--
--

THE TENTH SCHEDULE. {Sec. 27.)

Licence to an Apothecary, Chemist, Druyyist, Manufacturer, Photographic Artist, or Maker of PerJilmes.

18

No. Adelaide,

to use a still, of gallons capacity, for the

, do hereby license

I,

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, 1884," and of any regulations framed thereunder.

And I do hereby acknowledge to have received from the said the sum of Five Pounds for this licence.

M , Treasurer.

47' & 48" VICTORIX, NO. 319.

The Distillation Act.1884.

THE ELEVENTH SCHEDULE. (Sec. 28.)

Production of Fresh Water hy Dzstiklation.

No. Adelaide, 18

1, do hereby

license to use a still, of gallons capacity, only for distilling fresh water from salt water, on his premises, situate at from this date until the day of next ensuing, under the provisions of "The Distillation Act of 1884," and of any regulations framed thereunder.

And I do hereby acknowledge to have received from the said the

sum of Ten Shillings for this licence.

Treasurer.

THE TWELFTH SCHEDULE. (S,. 30.)

Table of Fees for Licences. S S* d.

For every Wine Manufacturer's Licence .......................................... 5 0 0

For every Distillation Licence ...............................................,.. 50 0 0

For every licence to keep and use a still for medical, chemical assay, photographic

or scienmc purposes, or for distiiling perfumes, or other manufacture where a still is

necessary, and in which no r~pirits are made ............................. .. .. B 0 0

For every licence to distil fresh water from salt water .............................. 0 10 0

--

-p

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- - - v -

Adelaide : By authority, E. SPILLER, Government Printer, North-terrace.