Unlawful Distillation Prevention Act 1849 No 26a (NSW)

1852 No. 2G. 18« YIC. 1849.

IJnlcmfnl Distillation Prevention.

̂ No. XXVI.

UNiiAwrtii.	An Act to prevent unlawful Distillation and to provide for tlie protection of tlie EevenuQ arising from the Duties on Spirits. [26̂ /?,
P revention.

D istillation

September, 1849.] .

Preamble.	"Y ^rilE llE A S it is expedient to make provision for the prevention W of unlawful distillation and for the protetdion of the PLCvenue
arising from the duties on Spirits Be it therefore enacted l)y 11 is Excellency the Governor of New South Wales witli the advice and

Officer may seize	consent of the Legislative Council tliercof That it shall be lawful for
stills &c.	any Inspector of Distilleries Officer of Customs or any other person appointed liy the Governor to seize any still still-head worm or other apparatus or utensil whatsoiwer intended or suited for distilling or- for any process of distillation found in any house building premises or place whatsoever unless the owner or occupier thereof shall hold and produce a valid license to distil or to rectify spirits or shall have other­ wise complied with the regulations and provisions of any la’iv in force for the time being relating to distillation and also to seize all materials capable of fermentation and all worts wash wines spirits and oth(;r chattel property found in any such house building place or premises and all sucb articles so seized as aforesaid shall be forfeited and disposed of in manner hereinafter provided.
Offio:;rs may seize	2. And be it enacted That it shall be lawful for any Inspector of Distilleries Officer of Customs or other person appointed as afore­ said to seize all or any spirits on which the full amount of duty charge­ able shall not have been paid except as may be pi'ovided in any Act now or hereafter in force relating to the distillation of spirits in the said Colony and its Dependencies or in any Act relating to Her Majesty’s Customs and all such spirits so seized shall be forfeited.

spirits. '

Officers may picceed

3- And be it eiiactcd That ill case any Inspector of Distilleries Officer of Ciistoms or otlicr pcrsoii appointed as aforesaid shall have cause to suspect that any unliccnstxl still or any still-head or worm or other utensil for distilling whatsoever or any back or otber vessel for making worts or wash or any worts or wash or other material pre- jiaring for distillation or any spirits upon which the full duty shall not have btsen paid is or are set up kept or concealed in any house building premises or plact' then and in such case upon information exhibited by such Inspector of Distilleries Officer of Customs or other person as aforesaid before any Justice of the Peace setting forth the ground of his suspicion it shall and may be laivful for such Justice 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 authorize and empower such Inspector of Distilleries Officer of Customs 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 l)uilding 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 oi' place and to seize all and every such still or other such things as aforesaid and also all chattels 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 the Queen’s Warehouse or to the Police Office next to the place where the same shall be discovered and found or to any other place of .security.

under warrant.

’ 4 .

1849. vr VIC. ^Fo. 2(), 1858

Vul(ticJ)il PrereuHou.

i. And wlioroas cases may occuv in Avliidi it may not 1)(‘ deemed Ofikvis may jirocced

rxjiedient to make seiznves nmler tiic provisions of the clause i;,st h(U'('iid)erore enacted 'He it tlu'rc'hm^ enacted 1'liat it shall l>e lawl'ul lor any Inspector of Distilh'ries OJlicer of Customs or other ])erson appointed as aforesaid having'reasonalde grounds to belic've that any mdicensed still or any still-head or Avorm or otlu'r utensil for distilliiiL;' Avliat soever or any hack or other vessel for making Avorts or wash or any AAorts or wash or otlier mat('rial ])]'('])aring for distillation or any spirits upon Avliich tlie full duty shall not liave been jiaid is or are s(‘l up ki'pt or conce.dc'd in any house or place' then and in such case to I'ntcr into such house' or ])lace withwrit of assistanci'and search for and si'ize any such nnlict‘ns('d still or other things as hi'fore enumi'rated and also all chattels Ibund within siu'h housi' oi' placi' and eitlu'r to detann oi- keep the sanii' in the house' or ])lace where tbnnd or to remoA (' the sami' to t he (^.neeu's Warehouse or to the Police Oiru'i' neari'st to the ])lace whi'i'c th(' saiiK' shall he discovered and found or to any other jdaci' of si'curity.

b. And he it ('uacted Tha.t it shall he laAvful for any Inspi'ctor onirevs may arrest

of Dist illeries (Jtllct'r of Customs or other person appointed as aforesaid pI'FLms'iwfoFru

to am'st or cause to he tirrested :md to take or causetolM'takc'n-'nJ;;'--

before out'of the Judges of tin'Supri'ine Court of A oav South Wah's

any person AvhatsocA'cr Avho shall have in his custody or possession oi'

who shall keep or make ustt of any unliccjised still or utensil for distil­

ling or Avho slndl unh'iVA'fuily makt' or sh.all ht' aiding tissisting or

otherwise concerned in unlawfully making any sjiirits or who shall

knoAvingly supply the means or materials for I'stahlishing maintaining

or Avorking any unlicensed still <)]■ who shall carry convey or conct'al

or ho aiding assisting or otherwise conceriu'd in the carrying conveying

or concealing of any spirits upon which tlu! full duty shall not havt'

ht'cn paid and upon ]iroof ht'ing given on o;ith to the satisfaction of

the said J udge of the existenci; of a reasonable suspicion of the guilt

of tlie person so arrested it shall and may he lawful for the said J udgi'

by order under his hand to direct the ]K'rson so arrested to he held

to bail in such sum as the said Judge shall name to abide the evi'iit

of an action information or other ])rocceding for the ollenc(! for Avhich

th(̂ said person shall have hi'cn arrested to l)c commenced Avithin such

time as the said Judge', shall direct and in default of hail to commit

such person to gaol to abide the event of the said action information

or otlii'r ])rocecding as aforesaid and such hail shall he justified in liki'

manner and subject to tlu' same' ruh's as hail in actions at law is

justilied and subject to.

(i. And he it enacted That it shall he laAvful for any I ns}M'ctor ofHcirs may anwt

of Distilleri('s Olficer of Customs or other jiersou as aforesaid to arri'st

or eausi ̂ to he arrested and to take or cause to b e taken before a n y or tim Heaco.

one or more J ustice or Justices of the Peace to ho dealt aa ith according

to laAV any person Avhatsoever who shall have in his custody oi-

possession or Avho slndl keep or make use of any unlicensed still or

utensil for distilling or Avho shall unlaAvfully make or shall he aiding

assisting or otherAvise concerned in making unlaAvfully any s[iirits or

who shall knowingly sujiply the means or mati'rials for establishing

maintaining or AAmrking any unlic'i'iiscd still or Avho shall knowingly

('arry convey or conceal or he aiding assisting or otlu'i'Avise concerned

in the carrying conveying or conceiding of any sjiirits iqion Avhich the

full duty shall not have been jadd.

7. And Avluu'eas it is exjiedient that timi' should he alloAvcd to Time uiiuwod tor

])re])ar(‘ informations comdetions and Avarrants of commitnu'nt in such "

cases as last aforesaid He it enat'li'd d'Ind whi'ii any person slndl have

Im 'i'u ari'i'sted by any Inspector of Distilh'rii's (tilici'r of Customs (‘on- ‘

stahh' or other person appointed :is aforesaid and taken before any

Justin'

1854 No. 26. 13° VIO. 1849.

TJnlincfid DisiUlailon Vrovention.

.Tustico of the Peace if it shall appear to siieli .Justice that there is reasoiiahle cause to detaiu such person such Justice may and he is hereby authorized and required to order sucdi person to he detained a reasonable time and at the expiration of such time to he dealt Avith according’ to laAV.

rersons escaping-

8. Aiid 1)0 it cuactod That if any person so liable to he arrested j f̂opcsaid sliall uot 1)0 ari’cstcd at the time of committing the otfence for Avhieh he is liable to he arrested or after arrest shall make his escaj)o it shall and may be laAA'ful for any Ins])ector of Distilleries Officer of Customs or other person appointed as aforesaid or for any constable to arrest such person so liable to arrest as aforesaid at any time after­ wards and to take him before any .Judge of the Supreme Court or .Justice of the I’eace to he dealt Avith as aforesaid.

may be anesteii.

Vonnlty for keeping 9. And be it enacted That CA'cry person aa Iio shall liaA’e in his

\iuiicenseil still I't'C. possession or custody any unlicensed still or any still-head or Avorm or other utensil for distilling AvliatsocA'cr or Avho shall unlaAA'fully make or AA'ho shall he aiding assisting or otherAAnsc concerned in unlaAvfully making any spirits or n ho shall knoAAungly supply the means or mate­ rials for establishing inaintaining or Avorking any unlicensed still or Avho shall knoAvingly carry coiwey or conceal or he aiding assisting or otherwise conceiaied in the carrying conveying or concealing any spirits upon Avhich the full duty shall not haA'o been paid shall forfeit and pay a sum of not mor(' than live hundred nor less than one hundred pounds.

Notice of making or 10. And he it enacted That it shall not he laAvful for any person

importing stills.	to eoinmcnce to make or to land out of any ship any still still-head
AA orra or other utensil for distilling Avhatsoever Avithout having first
given notice thereof in Avriting to the Chief Inspector of Distilleries oi‘ other ])erson appointc'd as aforesaid and every such notice shall set Ibrth the number of gallons Avhich such still is capable of containing and ('very person Avho shall commence to make or Avho shall land out of any ship any still still-head Avorm or other utensil for distilling Avhat­ soever Avithout having first given such notice as aforesaid shall forfeit and ])ay a sum not exceeding fifty pounds.

Notice of sellin'T ,

11. And be it enacted 'fliat it shall not he laAvful for any person to sell any still still-head AVorm or other utensil for distilling Avhatso­ ever either separately or as part of any house building premises or place in Avhich any still shall have been erected without having giveji notice in Avriting to tin' Chief Inspector of Distilleries of the name and rc'sidence of the purchaser thereof and also of the number of gallons Avhich such still is ca])al)le of containing and every person Avho shall sell any such still still-head Avonn or otlier utensil for distilling Avhat­ soever as aforesaid Avithont having first given such notice or shall knoAvingly give an incorrect relurn shall Ibrfeit and pay a sum not exceeding fifty pounds.

stills.

Notice of setting	|)	12. And h('it enacted That it shall not be laAvful for any person io ('rect and set up any still Avithout having first given notice in Avriting to the Chief Inspector of Distilleries of his intention so to do Avhicli notice shall also set forth the number of gallons Avhich such still is eapahle of containing the name and residence of the OAvner thereof the place in Avhich it is intendf'd to erect and set up the same and the jmrpose for Avhieh such still is to he used and every person Avho shall erect and sc't u]) any still without having first given such notice as albresaid or shall knoAvingly give an incorrect rc'turn shall forfeit and pay a sum not exceeding five hundred nor h'ss than one hundred ])ounds unless .such ju'rson shall at the time hold a A-alid lici'useundi'r any Act in force for th(' time being relating to distillation.
siills
Ueoistratinnof	13. Aiul Avlicri'as imlaAvful d istilla tion m ay Avith great facility he carried on in brcAvcries De it therefore enacted That before any

person

1849. 13 ̂ VICy* No. 2G. 1855

Unlamfnl J)istUlatiou TrovenUon.

person sliall carry on the trade or Imsiness of a lirewer such pi'rson shall cause liis nanu* to he reyisten'd hy the Ch'rk of the Bench at the place ni'ari'st to tlie residence of sncli person at wliich a Court of i ’etty Sessions is or shall he cstahlished and sliall also cause to he registered a particular description of the premises in n hich tlii' husiiu'ss of hrewinc^ is to he carried on and such registration shall he riuunved on the first day in danuary in eveny year and shall he mad(' in the I'orin set forth in Schedule A to this Act annexed.

I t. And whereas unlawfully distilled s[iirits may with î 'i'i'at ijesistmtiMu ui

facility he sold hy spirit merchants Beit therefore enacted That if

imKiianti.

shall not he lawful for any ]i('rson to sell spirits upon whiidi tlu' duly shall have heen paid and in (piautitics of two g'allons or upwards unless holding a Bnhlican’s Ceneral License without having tirsi reg'isti'red his name hy the Clerk ol‘tlu ̂ Bench at the place nearest to till'ri'sich'nei! of such pei'sou at AvhichaCourt of Betty Sessions is or shall he cstahlished and also a particular description of the premises in which th(̂ sale of spirits shall he cari’ic'd on and in which spirits shall 1m; kept and stored and such registration shall he renewed on the first day in January in every yc'ar and shall he made in the form s(>t forth in Scdiedule B to this Act annexed.

1."). And he it enacted d’hat the Clei-k of the B('neh at ('very cieiU or ti,o Honoh

Avithin t('ii days after every such registration as aforesaid make a return

tlu'iH'of to tlie Chief Inspt'ctor of Distilleih's Avhieh ri'turn shall lu'an

<‘xact copj'' of every sueli registration and every such Clerk of the

])lace whei'(' a Court of Ik'tty Sessions is (w shall he estahlislu'd shalP"’ shall forh'it and pay a sum not exei'eding live pounds.

1(). And he it enacted J'iiat the names amlresidencesofallT^'‘S‘ytratioiis(oi)L-

persons iH'gistored as aforc'said shall he published in the A>c- *SVu(///Isŵ 'ir'/"'

ff^ales (joi'criniicut (lazette.

17. And he it enacted I'hat if any person sliall carry on th('TVnaity in derinit

trade or Imsiness of a hrewer or shall sc'll or be engagi'd in the trade‘s* legistriitioi..

or husiiu'ss of st'lling s]iirits upon w Inch the duty has ht'cu ])aid and

in (pumtitit's of tAvo gallons or upAvards Avithout having logistt'rt'd or renewed the registration of his naint' and prt'inises as aforesaid evt'iy such jicrson shall forfeit and pay a sum not exct'taling thirty jiounds or at th(! option of the partŷ suing for the penalty sliall forfeit and ]iay a sum not exceeding tive pounds for every day that he shall fail oi- neglect to make sucli registration ns afoi'osaid.

18. Anfl he it enacted That all pnunises registered as aforesaid UogOtcR-.t premi-ssi

or occu])ied hy hrcAvers or hy ]Aersons selling spirits ujion AvIiich p,,.

duly has heen ]>aid and in (|uantities of I avo gallons or npAvards shall !)(' opi'ii at all times to the inspc'ction of any Insju'ctor of Distilh'ial's Ofilcer of Customs or person appointed as aforesaid Avho shall re- spi'ctively luiA’e jiOAver to ('nt('r into and to search all such ])remis('s and if any ]i(n'son shall ohstimet or moh'st any such officer in the ])erformanc(' of his duty such ])(tsoii shall forfeit and pay a sum not exceeding two hundred jiounds.

It). And he it I'uaeted That it shall not hchiAvl'iil for any person liusiness .,i i.irwh.g

engaged in the trade or husimvss of a hrewer to cariw on the trade op‘in'i spii'it's

business of a deah'r in spirits eitlu'r by Avholesah' or rdail upon any on in tiio same

])r('inis('s r('gisl('r('d as afoia'said for carrying on the trade or business

of breAving or on any jm'iuisi's sitnat(' Avithin i 1ha distance of om*

hundn'd yards from tin' sanu ̂ and any ])crson otfending herein shall

forfeit and ]>ay a sum not ('xcei'ding thii'ly pounds.

th). And he it ( iiacted llia t all spirits found on the jiremises of ureweis may nut

anv hrt'wer rea'isten'd as aforttsaid Ix'vond the qimntitv of six imperiid

gallons may he seized hy any Insjioetor of Distilleries OHieer of Customs tiieii- piemises.

2 c—A OL. or

185G No. 2G. 13« YIC. 1849.

Unlaicfnl Distillation Drevention.

or person a]ipointed as aforesaid and sliall be forfeited and for every gallon of spirit so seized such brewer shall forfeit and pay a suur not exceeding forty shillings.

Brewer’s name to be	21. And be it enacted That every brewer registered as aforesaid shall cause his name to be jiainted legibly in letters not less than tv'o inches in length upon every dray cart or otber vehicle used for the purpose of his trade or business and every such brewer who shall fail to comply with the regulations herein contained shall forfeit and pay a sum not exceeding twenty pounds.
paiuted on liis carts.
Officers may stop	22. And be it enacted That it shall be lawful for any Inspector of Distilleries Officer of Customs or person appointed as aforesaid to stop any dray cart or other vehicle belonging to or bearing the name of or used by any registered brewer and to examine all goods cai'ried thereon and any person who shall obstruct or otter any hindcrance to any such Ins})octor of Distilleries Oifieer of Customs or person appointed as aforesaid in the performance of tludr duty shall forfeit and pay a sum not exceeding fifty pounds.
brewers’ carts.
Governor may make	23. And be it enacted That it shall and may be lawful for the said Covernoi’ to make such lades and regulations as be may think necessary to carry the provisions of this Act into effect and to appoint sucb officers and otber persons for that ]>nrpose as b<' may deem fit and prop(!r.
rules.

Bribes collusive21. And !)(' it enacted That if any person shall give offer oi'

iigieeiiients Ac. iiow promise to givo auv bidbc rcconinens(! or reward or shall make or offer

DunisnuDiu* -I- o »' x ̂ ^

’ to make any collusive agrc'cment Avitb any ins})ector of Distilleri('s Officer of Customs or oilier person appointeil as aforesaid to induce him in any way to neglect his duty or to conceal or connive at any act V’hereby any of the jirovisions of this or any otln'i’ Act noAV or here­ after in force relating to distillation may be evaded evciy such person so offiniding shall on conviction thereof forfeit and pay a penalty not (“xceixling two hundred pounds whether such gift or offer shall be accepted or such promise performed or not and any Inspector of Dis­ tilleries Offieer of Customs or other person appointed as aforesaid who shall directly or indirectly take or receive any bribe recompense or reward or shall in anv wav neglect his duty or conceal or connive at any act wln'roby any of the jirovisions of this or any other sucb Act as aforesaid may be evaded shall forfeit and ]iay a liki' pcMialty or sum not exceeding two hundred jiounds.

Officers to iiavo

25. Aiul it cuacted That no writ shall be sued out nor a copy proccss scrvcd upoii any Inspector of Distilleries Offieer of Cus­ toms or otber person ajtpointed by the Governor as aforesaid for any­ thing done in the exercise of his office until one calendar month after notice in writing shall have been delivered to him or left at bis usual place of abode by the attorney or agent to the party who intends to sue out such writ or jtroeess in which notice shall be clearly and explicitly contained the cause' of action the name and place of abode of the person who is to bring such action and the name and place of abode of the attorney or agent and no evidence of the cause of such action shall be produced exce^ft of such as shall be contained in such notice

notice of action,

' and no verdict shall be givc'n for the ])laintiff* unless he shall prove on Ihe trial tliat such notice ’\\ as given and in default of such proof tlie defendant shall receive in such action a verdict and costs.

Action to bK brought 20. And be it enaett'd Tliat every such action shall he brought

ra th in th ie e luoiiths,.

tliTCc Calendar mouths after the cause tlu'reof and tlic defendant

may plead tlu' general issue and g•î 'C the special matter in evidence

and if the ])laintiff‘.shall become nonsnited or sliall discontinue the

:	-	action or if upon a verdict or demurrer judgment shall be given against the plaintiff the defendant shall receive treble costs and liave remedy of the plaintiff as any defendant can have in other cases where costs
are given by law. " 27.

1849. 18’ YIO. No. 2(1. 1857

JJnlawful Distillation Drevention.

27. And 1)0 it enacted That Lii case any miormaiion or siul .TudgtT; may certify

shall he hrouglit to trial on account of any seizure made under tliis

Act and a Auu-dict shall ho found for tlie claimant thereof and the

Judiji;es or Court befon* rvhoin the cause shall have been tried shall the certify upon the record that there was ])rohahle cause of seizure the claimant shall not ho ontith'd to any costs of suit nor shall tlu'person n ho made such seizure he liahh' to any action indictment or other suit or prosecution ou account of such seizure and if any action indict- nu'ut or other suit or prosecution shall he brought to trial against an\- person on account of such seizure wlu'rein a verdict shall he givim against such defendant the jilaintiif besides the things seized or the value thereof shall uot he mititled to more than two-pence daniag(‘s nor to any cost of suit nor shall the defendant in such ])rosecutiou he lined more than one shilling.

2S. And he it enacted 'that it sliall he lawful for any Inspector Oflieor of Distilleries Oiheer of Customs or other person as aforesaid within tniripr

one calendar month after such notice to tender amends to the party	.
comjilaining or his agent and to plead such tender in bar to any action
together with other pleas and ii‘ the jiuy shall tind the amends suth-
cient they shall give a verdict for the defendant and in such ease or in
case the plaintilf shall hceoine nonsuited or discontinue his action or
judgment shall he given for tlu‘ defendant upon demurrer tlioi such
defendant shall he entitled to like costs as he would have l)ccn entitled
to in case he had pleaded the general issue only Provided ahrays that

it shall he lawful for such defendant hy leave of the Court Avhere ■

such action shall he brought at any time before' issue joined to	pay
money into Court as in other cases.

2S). And he it enacted dliat all property seized under the ]>ro- visions of this Act shall he considered as forfeited unless claimed within one month after the sanu' shall have heen seized and shall he Koilltityd property to . _

sold hy ])uhlic auction. ,

30. And he it enacted That all claims foi- property seized under cf'ii.as

this Act shall he lodgi'd within one month after the seizure shall havi'

heen made with the Colonial 'freasurer ibr the time being.

iw, lodgni

31. And he it enacted That no claim to any property seizi'd ('inims lo i.o ™tcivd

under this Act and returned into any of Her Majesty’s Courts J'or

ill flu‘ name of tlio.

adjudication shall he admitted and that no appearance shall he per­ mitted to he entered to any information filed for the forteituri' of property seized for any cause of forfeiture under this Act unless such claim or appearance is entered in the name of the owner of such pro])crt\ so seized describing the place of residence and the business or profession of such owner and if such owner shall ri'side in Sydney or within twenty miles thereof oath shall he made before oirc of the Judges of the Court in which such informatio)) is filed or before one of the Justices of the Bench of Magistrates before whom any cause of forfeiture shall he tried for property seized undi'r this Act that the property so seized was really and truly the ]>ropcrty of him at the time of such seizure hut if such owner shall not he resident in Sydney or within twenty miles thereof then and in such case oath shall he made in like manner hy the agent attorney or solicitor hy wliom such appearance shall he entered that he has full power aful legal authority and directions from such owner to enter such appearance and that to the best of his knowledge, and belief such property rvas at the time of the seizure thereof bond fide the property of the party in whose name such appearance is ('ntered and on failure tlu'reof tlie property shall he absolutely forfeited and judguieut he entered thereon by default according to the usual method of proceedings of the Court in the same manner as if no appearance had been entered thereto and every person who shall he convicted of making or taking a false oath to any of tlu'

facts

1858 No. 26. 13' VIC. 1849.

Unlcrwful Distillation Drevention.

lacts liereinbefoi-o directed or required to be sworn to sliall be deemed to be guilty of perjury and sball be liable to tbe pains and penalties to wbicb persons are liable for wilful and corrupt perjury.

Claim-xiit to be bound	132. And be it enacted That upon tbe entry of any claim to any property seized for any cause of forfeiture or for any appearance to any information tiled for sucb forfeiture tbe person wbo sball enter sucb claim or appearance if sucb claimant sball reside witbin tbe Colony sball be bound by a recognizance (to bo entered into before one of tbe .Fudges of tbe Supreme Court or one of Her IMajesty’s .Justices of tbe i^cace) with two sufficient sureties in tbe penalty of one bundred pounds to answer and pay tbe costs occasioned by sucb claim or appearance and if tbe owner sball not reside Avitbin tbe said Colony tben and in sucb case tbe agent attorney or solicitor by Avbose directions sucb claim or appearance sball be entered sball in like manner be bound Avitb I avo sufficient sureties in like penalty to pay tbe costs occasioned by sucb claim or appearance.
by rcco<?iuzance to
pay costs.
Piecovery of	33. And be it enacted That all penalties and forfeitures incurred or imposed by this Act sball and may be sued for prosecuted and recoA'ered by action of debt bill plaint or information in any of llt'r Majesty’s Courts of IJecord in tbe said Colony in tbe name of Her ]\rajesty’s Attorney General or in tbe name or names of some Officer or Officers of Customs or Inspector of Distilleries or in cases where tbe })cnalty does not exceed tbe sum of one bundred pounds by information in a summary Avav before anv tAvo or more Justices of tbe I’eaee.
penalties.
Actions to be
brought with one	31. And be it enacted Tliat actions or suits for tbe recovery of any of tbe penalties or forfeitures imposed by tins Act may be com­ menced and prosecuted at any time within one year after the offence (aimmitted by reason Avbereof sucb penalty or forfeiture shall be incurred.
year.
Form of information	35. And be it enacted That all informations before .Justices of tbe J’eace for any offences committed against this or any otber Act noAV or hereafter to be in force relating to the prevention of unlaAvful distillation and all convictions for sucb offences and all Avarrants of J ustices of tbe lAace founded upon sucb convictions sball be draAvn respectively in tbe form set forth in tbe Schedules C D and E to this Act annexed or in Avords to tbe like effect.
&c.
Offence to be set

forth in the words of 3G. And be it enacted That every information for any penalty

this Act.	or forfeiture under this or any other Act noAV or hereafter in force relating to the prevention of unlaAvful distillation and every conviction or Avarrant of commitment for any penalty shall bo deemed valid and sufficient in a\ bich the offence for AA'hich such penalty sball be inflicted or tbe cause of forfeiture is set forth in tbe Avords of this or any otber sucb Act as aforesaid or in Avords to tbe like effect.
Proof of a]i])oint-
ment of officers.	37. And be it enacted That in case of any information or })roceeding under this Act or any Act noAv or hereafter in force relating to tbe prevention of unlaAATul distillation the averment that tbe person prosecuting sucb information or proceeding is an Inspector of Distilleries or Offieer of Customs shall be sufficient proof of the appointment of such Inspector of Distilleries or Officer of Customs Avitbout proof of the appointment of sucb Inspector of Distilleides or Officer of Customs unless tbe defendant shall in sucb case prove to tbe contrary.
Officers to be com­
petent witnesses.	38. And be it enacted That any Inspector of Distilleries Officer of Customs and every person acting in his aid or assistance shall be deemed a competent Avitness upon tbe trial of any suit or information on account of any seizure or penalty as aforesaid notwithstanding sucb Inspector of Distilleries Officer of Customs or otber person may be entitled to any part of such seizure or penalty or to any reward upon conviction of the party charged in sucb suit or information.

' " 39.

j *4<>

1849. o VIC. No. 29. 1859

Uiildicfnl DisUllafioii PrencHt'ion.

ol). And 1)0 it onaotod 'PlKit if any spirits or othev ])ro])('r(y VnKifofiKivmcuiof

sliall 1)0 soizod or stopnod for anv causi' of forfeitnro and anv disi)uto vsluill ixvm) as io own(M*sliip or Avlu'tlKU* tli(̂ (Uitics luiv(5 Ikhmi ]>aKl J'or till' saino tho proof tlioi'cof shall 1)0 on the owner or claimant and no) on the otlicor who shall seize or stop tho same.

to. vVnd !)('it enacted Tliat all linos penalties and foricitnres Paynunt nmi a|.|.ii

rccox crcd under Ihis Act or any other Act J'or the time bidiiL;' in 1 'oppo

ladatiny to tho distillation of spirits shall be paid to tie r Majesty Km-loitmcs. (that is to say) afti'r (U'cluctiny Ihc char^’cs of ])rosecution from llie procc'i'ds tliercof onc-tliird ])art of tlu' net jiroduce thereof shall bo a])])lied to the ]niblic uses of tbe said Colony and in support of the (iovornmont thereof as by any Act of tlu'tiovernor and Leyislativi' Council may bo appointed one-tliird part theri'of shall be ]iai(l to Hie informer and one-third part tlu'ri'of to tho ]iorson who shall sue for ihc same where such Jines penalties and forfeitures are recovered in consequence of information beiii”' yiven to tho seizing ollicer and when Ihe said lines penaltii's and J'oiTeituri's arc otherwisi' recovc'rcd 111!' same are to be divided and applied as follows (that is to say) aftm- deductin,'. ̂the said charges the one moiety or half of the net prodnci' , thereof as aforesaid to tlii' public iisi's of the said Colony and in su])port of the (iovernment theri'of as by any Act of the said Covernor and Legislative (Council may be apjiointi'd and the otlier moiety or half to be paid to tlie seizing ollicc'r or person suing for the said penalty l^rovided always that nothing herein contained shall be deeiiu'd or (‘onstrued to atfect or in any way to interfere ivitli the rigli). of Her iMaJesty Her Heirs and tSuccessors to ])ardon the oJfender and to remit the wliole or any part of any such tine jumalty or forfeiture as to Her iMajesty shall seem meet.

11. And 1)0 it enacted That if in or upon any information suit Uni.iiwumoiit m

or action for the recovny of any tines forfeitures or pcmalties imposed

ro'">en(.

by this Act the party shall b(' convicti'd and sentenced to pay a.ny such tine or penalty and in case any such Jine or })cnalty shall not be imnu'diately paid or security given to tlie satisfaction of the Court or .1 ustices before whom the case shall have been heard and determini'd for the due payment of such fine or penalty the party or paidies w ho shall have been convicted and sentimced to pay such line or penally shall forthwitli be committed to gaol there to remain for a pi'riod of not less than three nor more than twelve calendar months unh'ss such line or penalty shall be sooner ])aid.

12. And be it enacted That no writ of crrliorarl shall issue Xo( romovMiiic by

from Her Majesty’s Supreme Court to remove any proceedings before any .Tnstico or Justices of the Peace under this or any other Act now or hereafter in force relating to the pixwention of unlawful distillation and t hat it shall bo lawful for any Justice or Justices of the Peace and tlu'y aro hereby I'oquircd to amend any information conviction or warrant of conimitinent for anv otfence under anv such Act at anv time whether bi'fore or after conviction.

Id. And to remove all dmd)ts respecting the use of certain CNmsiniction .s

words in this Act be it enacted Tliat all material that may be used in the process of distillation after the same shall have bcmi mashed aird before fernn'ntation sball have commend'd therein shall lie doenu'd and called u'orts and that all sncli malerial after fernn'ntation shall have commenced therein and before the same shall have been distilled shall be dc'cmed and ('ailed wash and that tin' term “ s])irit ” shall be construed to mean brandy rum gin low wines feints and all descrijitions of spirituous liquor n liatsoi'ver and that the word “ Crovernor” shall h;' construed to nu'an tiu' Govi'ruor of this Colony or person for the time being lawfully administering the Government thereof and that the

word

1860 No. 26. 13° VIC. 1849.

Jlnktwful J)istillation Prevention.

word “ Oflicer” sliall be construed to mean an Inspector of Distilleries Officer of Customs or other person appointed by the Governor and that the provisions and enactments of this Act shall he deemed and taken to extend to persons as Avell in the plural as in the singular number and as well in the feminine as in the maserdine gender and to things as

Avell in the ]dural as in the singular number unless there be sometliing

in the subject or context repugnant to such construction.

SCHEDULES REEEIUIED TO.

A.

Kegistration o f Brewers.

Court House at

day of

Name of Brewer

Description and situation of premise:-

B('gistered by me

Clerk of the Bench.

B.

Rcgistraliou o f Sjgirit Merchants.

Court Hou.se at

day of

Name of Spirit Merchant

Description and situation of preiiii.se,-'

Kegistered liy me

t'lerk of the Bench.

c.

Farm of In furmutwn before Justices i f the Fence.

New Soiilli Wales |

to wit. ]

Be it remembered tliat on tbe day of in the year of our

Lord A. B. Chief Inspector of Distillerie.s or Inspector of Distilleries wbo i.s directed by the Chief Inspector of Distilleries fas the ea.se may be) to prefer this information gives us Esquires two of Her iB.ajesty’s

Justices of tho Peace to understand and to be informed that C. D. on the day of

in the year of our Lord (here state the offence')

contrary to the form of the Act in that ca.se made and provided whereby the said C. D. hath forfeited the sum of and the .said A. B. prays that wc the said Justices will proceed according to law.

D.

Form of Ooneiction to be used for an Offence agahist this Act.

New South Wales ]

to wit. i

Be it remembered that on the day of in the year of

our Lord an information was exhibited by A. B. Chief Inspector of

Distilleries or Inspector of Distilleries (as the case may be) before us

Esquire.s two of Her Jlajesty’s .lustiees of the Peace of the said Colony against C. D. which

said information charged that tbe said C. D. on the day of

in the year of our Ijord {here state the offence as in the information)

contrary to the form of the Act in such ea.«c made and provided which otfence has been duly proved before us the .said Justices We do therefore convict the said C. D. of the said offence and do adjudge that the said C. D. hath forfeited for his said offence the sum of

Given under our hands and seals this day of

in the year of our Lord

1849. 13̂ VIC. ^^0. 27, 18GI

Colonial Dislillation.

E.

Form of Warrant of Commitment to Gaol for a Penalty.

New South Wales I To A. 13. Constable and to E. F. t!io (!aider of the

to wit. J in the

WiiKRBAs (!. ]X has been duly convicted before us	Esnuires
two of Her Majesty’s Justices of the I'eace for the said Colony of having

(lure .itate the offence us in the iuformution')

And whereas we the said Justices did adjudge that the said C. 1). hath forfeited for his said offence the sum of and wlierea.s the said sum was uot immediately

paid nor security given to our sati.sfaetion for the due payment thereof Tliese are therefore

to reipiire you the said A. E. forthwith to take carry and convey the said C. D. to the

at in the and to deliver him into tlie

custody of the Gaider or Keeper of the said and wo the said Justices do

hereby authorize and require the said E. F. the Gaoler or Keeper of the said

to receive the said C. 1). into his custody and him safely to keep for the period of

unless he shall sooner pay the said sum of or otherwise be

delivered hy due course of law.

(liven under our hands and seals at in tho

this day of in th ' year of our Jjord