Vines Act 1857 (SA)

ANNO VICESIMO PRIM0

V I C T O R I B REGINB.

No. 16.

An Act to encourage the cdture o f the Vine in $outh Australia by permitting Distillation c$ the Femented Juice of' the Grape.

[Assented to, 27th January, 1858.1

W HEREAS it would promote the culture of the vine if Be it therefore Enactcd, by the Governor-in-Chief of the Province of growers were enabled to distil the produce of their vineyards:

South Australia, 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 follows-

1. After the cornmcncement of this Act, it shall be lawful for any T ~ ~ T o w L ~ ~ use one still.

person in the occupation of at least two acres of land planted with vines or who shall carry on the business of making wine from grapes, and who shall have obtained from the Treasurer of the said Province for the time being a licence, to use one still of not more than fifty nor less than twenty-five gallons content, for the purpose of distilling the fermented juice of the grape, the produce of the said Province.

Treasurer with a certificate, signed by two Magistrates, that the how obtained. 2. Any person wishing to obtain sudh licence shall furniah the L icence to use still,,

person requiring the still has in his occupation at least two acres of land planted with vines, or carries on the business of making wine from grapes, and shall give to the Treasurer a bond, with two sureties, in the sum of Two Hundred Pounds, that he will not use the said still for any other purpose than for distilling the fermented juice of the grape, and that he will not sell %or dispose of any spirits so distilled except after the same shall have been placed in

$ 3 a

a bonded store of the said Province, as aftermentioned: And any person who shall have in his possession any still, without having obtained such licence shall forfeit and pay not less than One Hundred Pounds, nor more than Five Hundred Pounds.

Notice to be given of

intention to use still.	3. Every person who shall have received such licence shall leave at the nearest Police Office or Station a notice, in writing, of the place where and the time when he intends to commence andcease to distil, a t least three days prior to such commencement, and also a like notice of his intention to recommence such distillation after any discontinu- ance thereof, arid every such notice shall be delivered at such Police Office or Station, or forwarded through tthe nearest Post Office as a registered letter; and every person who shall distil without having given such notice, or at any time different from that specified in such notice, shall forfeit and pay a penalty of One Hundred Pounds.
drawn.
Licence may be with-	4. If a holder of such licence shall at any time contravene m y of the provisions of this Act, it shall be lawful for the 'l'reasurer to witlldraw such licence, and to cause notice of such withdrawal to be published in the South Aust~.alian Government Gazette.

'pirite placed in

bond before being sold, 5. Any person wishing to sell or dispose of any spirits so distilled shall first lodge the same in one of the bonded stores of the said Province, ancrthe same shall not be removed from such stores until after payment of the duty hereinafter mentioned,

Duty be paid On 6. Upon all spirits distilled under the provisions of this ,4ct, and

splnts distilled under

h t.

which shall be placed in bond as aforesaid, t'herc shall be levied a rate orduty of Six Shillings and Ninepence for each imperial gallon of such spirits, not exceeding the strength of hydrometer proof, and so in poportion for spirits of greater strength, and the same shall be paid to the Treasurer, or other person appointed to receive the same for the public use of thc said Province.

Penaltyforillega'y

adling apirits.

7. Any person who shall sell, or dispose, or p~irchasr, or offer to sell, or dispose, or purchase any spirits distilled under the provisions of this Act, without the same being prcvivuslv placed in bond as

aforesaid, shall for every such offaice forfeit and pay the sum. of One Hundred Pounds.

Spirits to be forfeitd.

8, All spirits distilled, or sold, or disposed of, or offered to be sold,

or disposczd of, or removed, contrary to the provisions of this Act,

shall be forfeitcd.

Spirits not to re- 9.

I t shall not be lawful to remove any spirits, distilled under the provisions of this Act, from the premises where the same were dis- tilled, without having a permit to remove the same, signed by the nearest Special Magistrate, or any officcr' to be appointed for that purpose.

moved without per-

mit.

Governor to make

rul~e. 10. It shall be lawful for the Governor, with the advice and

consent

consent of the Executive Council, to make such rules as he may consicier necessary to carry the provisions of this Act into effect, and to appoint such officers and other persons for that purpose as may be deemed fit and proper.

I Office" mq

11. Tt shall be lawful for any police constable, or other person

duly appointed by the Governor for thc"purpose, to visit and inspect

at i l l l y timr the prctniscs upon which a. licensed still is kept.

12. ,211 1)enalties and forfeiturcs hcrcby imposed shall be recover- Re, ocery and sppli-

ih lc in a sunmary way before two or more Justices of the Peace,	"'
uuti shall be paid or applied one moiety to the 'l'reasurer of thc said
I+ovince i11 aid of the General Kevenue thereof, and the other moiety *hill1 be divided between the seising officer and t,he person giving thr: information which led to such selzuw, in such proportions as the corlvicting Justices may decide, or, if there be no person giving such information, then such moiety shall be paid or given to such seizing
officer.

13. This .let hill coInmence and take effect from and after the A" whpn ~ C I I C O.

gassing hereof'.

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Addaid*. Priutrd bp authority, by W. C. Cox, Government Printer, Victoria-square.