DEALERS IN. the same was part, on pain of forfeiting 201. together with the liquers and all vessels containing the same. 6 Geo. 1. c. 21. s. 13. 9 Geo. 2. c. 23. s. 7.

Dealers to keep

separate from British.

And all dealers in foreign spirits, who shall receive into foreign spirits their custody British spirits, shall keep the same apart from their foreign, on pain of forfeiting 10s, for every gallon found in any place where they keep foreign spirits, together with the casks, wherein such British spirits shall be found. 8 Geo. 1.

Officers may enter and take an account.

Retailers not to increase their spirits.

Dealers in-
Creasing their

c. 18. s. 11.

The officers of excise may at all times, by day and by night (but if by night, in the presence of a constable) enter into the warehouses and places made use of, by any dealer or retailer*, and by tasting, gaging, or otherwise, take account of the quantity and quality of the liquors in their custody and if any dealer or retailer shall refuse the officers to enter, or obstruct them, he shall forfeit 50l. 6 Geo. 1. c. 21. s. 14, 9 Geo. 2. c. 23. s. 9.

And no retailer of spirituous liquors shall make increase of such liquors, after the same have been taken account of, by any officer, by private addition, on pain of forfeiting 40s. for every gallon; all which spirituous liquors so mixed may be seized by the officer. 9 Geo. 2. c. 23. s. 8.

And in case any officer shall find any increase of foreign foreign spirits. Spirits, in the hands of any dealer, over the quantity found at the last survey, it shall be deemed to be made by foreign spirits, for which no duties were paid, privately brought in without permit, payment of duty, or entry; and such increase shall be forfeited, and may be seized, unless the owner make it appear, that it was made either by mixing some of his stock of British spirits therewith, in the presence of the officer, or by foreign spirits brought in, with certificate of the payment of the duties, or that the same had been condemned, and that notice was given to the officer before it was brought in. 8 Geo. 1. c. 18. s. 11.

And it is further provided by 21 Geo. 3. c. 55, That if any officer of excise shall discover any increase in the stock of any dealer in, or seller of, any spirituous liquors, British or foreign, above the quantity found at the last survey, such increase, whether mixed or unmixed, shall be deemed to be made by a commodity for which no duty has been paid, and privately brought in, without permit; and so much as shall he found increased shall be forfeited, and a quantity equal to the increase shall be seized by the officer; and the person in whose

But they are not to enter the houses of retailers in the night but in the presence of a constable, oath being first made before any justice dwelling near the place, of a probable cause of suspecting a concealment, 9 Geo. 1. C. 23. s. 9.

stock such increase shall be found, shall also forfeit 201. S. DEALERS IN.

29.

And where any such spirits shall be sold in the entered Removal of places, in great or small quantities, the officers shall, on re- spirituous i quest of the seller, give the buyers certificates, expressing the quors. quantities, the names of the buyers and sellers, and that the duty has been paid, or the same been condemned, or was part of such stock as aforesaid. 6 Geo. 1. c. 21. s. 16.

And no spirituous liquors exceeding one gallon shall be removed without a permit, certifying as above, on pain of forfeiting the same and the casks.

s. 17.

And no foreign spirits, although under one gallon, shall be received into the custody of a retailer, without such permit, on forfeiture thereof with the casks. 8 Geo. 1. c. 18. s. 13.

And no dealer in foreign spirits shall take out more than one permit in the same day to one person, and such permit shall be granted for the removal of no more than one cask of foreign spirituous liquors of one kind; and if any be found removed, or removing contrary hereto, whether with or without permit, the same, with the vessels and boats, and the horses and other cattle and carriages shall be forfeited, and seized by any officer of excise. 23 Geo. 3. c. 70. s. 3.

But nothing herein shall prevent any dealer from taking out two or more permits, and sending two or more casks of the same kind of spirits to the same person, in the same day, under different permits, and by different conveyances.

S. 4.

Also any dealer may send with one permit, by one conveyance, any number of casks, with any kind of foreign spirits, each containing sixty gallons. s. 5.

And if any foreign spirits (not in casks of sixty gallons) shall be found removing, unless from 29th Sept. to 25th March, yearly, between seven in the morning and five in the evening; and from 25th March to 29th Sept. yearly, between five in the morning and seven in the evening (except the same is carrying by a known common stage coach, waggon, or other stage carriage, which usually travels out of those hours), the liquors and the package containing the same, whether with or without a permit, and the cattle and carriages, shall be forfeited, and séized by any officer of excise. 8. 6.

And when any dealer shall send a request note to a permit writer, he shall specify therein the quality of the liquors, and the contents of the cask, and whether the same is to be removed by land or water, and by what conveyance; otherwise such request-note shall be void, and no permit granted. ‹ s. 7. And no foreign spirits exceeding sixty gallons, shall be brought within the limits of the chief office by one permit or one conveyance, at one time, from any other part of England, except only by way of Gravesend, to the port of London, in

DEALERS IN. the ordinary course of commerce, on pain of being seized and forfeited. 26 Geo. 3. c. 73. s. 58.

Officers may

And the officers may at all times take samples of any spirits take samples. in the possession of any dealer, not exceeding four gallons, paying after the rate of 13s. per gallon for foreign, and 7s. per gallon for British spirits. s. 36.

Of what

And no dealer shall sell or send out any foreign spirits strength spirits lower than one to six under hydrometer proof, nor have in his are to be. possession any foreign spirits, or British and foreign` spirits mixed together (except shrub, cherry, or raspberry brandy) lower than as aforesaid, on pain of forfeiture of such spirits, which may be scized by any officer. s. 31,

DISTILLERS.

Not to suffer

If any distiller shall sell any spirituous liquors to be drank in his shop, or other places thereunto belonging, or permit any tippling in their other person to drink any such liquors in any the places afore shops. said, he shall for every such offence forfeit 10%. 20 Geo. 2. c. 39. s. 4. 24 Geo. 2. c. 40. s. 4.

Who deemed distillers.

Who rectifiers, or compound.

ers.

And every person found drinking or tippling in the shop, or other place belonging to any distiller, shall forfeit 20s. to be recovered by complaint within three weeks after such offence, before one justice of peace for and near the place where the same shall happen, who is to summon the party offending; and in default of appearance, to issue warrants for apprehending him, and then to examine such complaint upon oath, and upon proof by the oath of one witness to convict the offender; and if such forfeitures be not forthwith paid, the same shall be levied by distress and sale of such offenders' goods; and such forfeitures shall be applied to the use of the poor of the parish where such offence is committed; and for want of sufficient distress, such offender shall be committed to the house of cor. rection, for not exceeding two months, and not less than fourteen days, there to be kept to hard labour; and no person so convicted shall be capable of receiving any part of the penalties incurred by the distiller who sells such liquors to be drank. 20 Geo. 2. c. 39. s. 5. 24 Geo. 2. c. 40. s. 4,

Every person who shall distil any low wines or spirits, whe ther for sale or not, and also every person making or keeping any wash, fit for distilling low wines and spirits, and having in his custody any still, shall be deemed a common distiller for sale, 21 Geo. 3. c. 55. s. 31, 35.

And no person shall be deemed to be a rectifier or compounder, who shall not have an entered still, capable of containing in the body thereof, exclusive of the head, 120 gallons, nor unless such still shall have suitable tubs and worms affixed thereWho restrained to, and shall be bona fide used for rectifying British spirits for from being di- sale. 26 Geo. 3. c. 73. s. 15.

stillers.

And no person licensed to sell, or selling brandy or other

pirits by retail, shall be the proprietor of any distillery or rec- DISTILLERS, tifying house, or have any share therein, or be in any manner concerned in such business, on pain of 2007. 26 Geo. 3.

6.73. s. 54.

No distiller shall erect any tun, cask, wash-batch, copper, Distillers to still, or vessel, for making or keeping any worts, wash, low make entry of wines, spirits, or strong waters, nor alter or enlarge the same, their utensils, Bor have any private warehouse or place for brewing or keeping &c.

any

such liquors, without first giving notice at the next oflice

of excise, on pain of 201. and every person in whose occupation any house or place shall be, where such private vessel or place shall be found, shall forfeit 501. 8 & 9 Will. 3. c. 19. s.

10.

And it is further provided by 21 Geo. 3. c. 55, That no person shall make use of any vessel, wash-batch or other utensil, nor any room or place for making, brewing, or keeping of wash for the distillation of low wines and spirits, without first giving notice thereof at the next office, upon pain to forfeit for every vessel or place 501. s. 36.

And ifany distiller, rectifier, or compounder, or dealer in spi- If warehouses rituous liquors, shall use different entered warehouses for keep- are separate. ing spirituous liquors not under the same roof, or separated from cach other; the stocks shall, if the officer deem it expedient, be deemed distinct stocks, and may be surveyed and kept account of, as if the same belonged to different persons. 26 Geo. 3.

c. 77. s. 35.

And all fixed casks used for keeping stock of British brandy, Fixed casks to rectified British spirits, raw British spirits, British compounds, be entered. or other spirits, shall before used, be entered and gaged, and inched to the satisfaction of the officer, upon pain of 100%. and forfeiture of such casks, with the liquor therein, s. 38.

And if any person occupying any house, whether the owner or renter thereof, or not, shall knowingly permit any private back or still to be set up or used in any part of such house, or any building thereto belonging, by any person whomsoever, without entry, or without a licence, he shall incur the same penalties as persons using such still. 26 Geo. 3, c. 73. s. 53.

And no person shall make entry of any place, or of any still What entries or utensil for distilling low wines or spirits, unless he occupy a not warrantu. tenement of 10%. a year, for which he shall be assessed, and ble.

pay

to the parish rates; and no entry shall be of any avail to any person not so qualified, or for longer than he shall be so qualified. 19 Geo. 3. c. 50. s. 3.

And in case any officer shall know, or have cause to suspect Power of offi. that any private still, back, or other vessel, spirits, low wines, cers to search wash, or other materials, preparing for distillation, are set up for private or kept in any place; then if within the limits of the chief office sulls, and seize upon oath made by such officer before one justice, or two com the same. Rissioners; or in other parts before one justice, setting forth

DISTILLERS.

As to persons found aiding in the use thereof.

the ground of his suspicion, the said commissioners or justice may, if they judge it reasonable, authorise such officer, by day or by night (but if in the night time, in the presence of a consta ble), to break open the doors or any part of such place, and to enter and seize all stills, &c. which he shall find, and either to keep the same there, or remove the same to the next office of excise. 22 Geo. 3. c. 70. s. 13.

And if he shall discover any private still, back or other vessel, for making, preparing, or keeping of wash, low wines, or spirits, or other materials preparing for distillation, he may (that is, of his own authority and without a warrant) seize such vessels and materials, and in like manner either keep the same in the place where found, or remove the same to the next office of excise. 19 Geo. 3. c. 58. s. 2.

And in case the said vessels and materials shall not, within ten days after seizure, be claimed by the owner, the same shall be forfeited; and the proprietor of such vessel, or person in whose custody the same shall be found, shall forfeit for every place in which such private still or vessel shall be found, and also for every such still or vessel, 2007. 19 Geo. 3. c. 50. s. 2. 23 Geo. 3. c. 70. s. 13.

And if any person shall obstruct the officers, or others acting in their aid, in seizing such private stills, backs, and other vessels, spirits, low wines, wash, or other materials preparing for distillation, or in removing the same after seizure to the next office of excise, such person shall forfeit 100%. 19 Geo. 3. c. 50. s. 2. 23 Geo. 3. c. 70. s. 13.

But if upon breaking open the door, or house,no such private vessels be found, the officer shall make good the place broken open, or make satisfaction to the owner, to be adjudged by two of the next justices (1 Qu.) or the party injured may bring his action; and what shall be adjudged by the justices, or re. covered upon action, shall be paid by the commissioners of ex cise, out of the revenue. 10 & 11 Will. 3. c. 4. s. 8.

And when any officer shall discover any private still, back, or vessel, and at the same time any person aiding in carrying on such private distillation, such person shall, above all other pe nalties, forfeit 301. and the officer may arrest and convey him before one justice: who, on confession of the party, or proof on the oath of one witness, may convict him, and he shall, immedi ately on such conviction, pay the said 30%. to the officer, to be applied one moiety to the king, and the other to the informer; and on his refusing or neglecting to pay the 30%. the justice may commit him to the house of correction, there to remain and be kept to hard labour for six months, from the day of convic tion, and he shall not be discharged until he shall have paid the 301. or until the expiration of the six months; and in case he shall be again discovered aiding in any private distillery, he shall, upon the like conviction, forfeit 601. and be committed