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Deal«rs to keep foreign spirits separate from British.
Officers may enter and take an account.
Retailers not to increase their spirits.
Pealers increasing their ftreign spirits.
the same was part, on pain of forfeiting 20/. together with the liqnurs and all vessels containing the same. 6 Geo. 1. c. 21. s. 13. 9 Geo. 2. c. 23. s. 7.
And all dealers in foreign spirits, -who shall receive into their custody British spirits, shall keep the same apart front 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, c. 18. ». 11.
The officers of excise may at all times, by day and by night (but if by nightj 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 50/. 6 6Jco. 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. *. 8.
And in case any officer shall find any increase of foreign 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 dutv, 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 ol British spirits therewith, in the presence of the officer, or b) foreign spirits brought in, with certificate of the payment ol the duties, or that the same had been condemned, and thai 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 am officer of excise shall discover any increase in the stock of anj dealer in, or seller of, auy spirituous liquors, British o< foreign, above the quantity found at the last survey, sucl increase, whether mixed or unmixed, shall be deemed to imade by a commodity for which no duty has been paid, ant privately brought in, without permit; and so much as shall hi iomid increased shall be forfeited, and a quantity equal to th increase shall be seized by the officer; and the per«on in whos
• But tliey are not to enter the houses of rttaiUri in the night but in th presence of a constable, oath being first made at/ore any justice dicn • •ntar the place, of a probable cuuie of $iuj>tctivg a cpnttalmtut, 9 Geo. I Ai. 2i. s. 9. ',
sfock such increase shall be found, shall also forfeit 20/. s. >unii Ik,
And where any such spirits shall be solJ in the entered Removal of places, in great or small quantities, the officers shall, on re- ipirituomi •>• quest of the seller, give the buyers certificates, expressing the quor,< 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 •pirinious 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 tame 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 convey. Mce, any number of casks, with any kind of foreign spirits, neb containing sixty gallons. s. 5.
And if any foreign spirits (not in casks of sixty gallons) sball be found removing, unless from 29th Sept. to 25th March, jorly, between seven in the morning and five in the evening; and from 25th March to 29th Sept. yearly, between five in the Horning and seven in the evening (except the same is carrying by a known common stage coach, waggon, or other stage car. fiage, which usually travels out of those hours), the liquors « and the package containing the same, whether with or without a permit, and the rattle and carriages, shall be forfeited, aud teized by any officer of excise, s. 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 re. moved 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 ollice by one permit or one-conveyance, at one time, from any other part of England, izcept only by way of Grave send, to tbe port of London, in
Pkalxbs Ik. tliu ordinary course of commerce, ou 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 spirit*
take samples. ;n the possession of any dealer, not exceeding four gallons,
paying after tlie rate of 13,?. per gallon for foreign, and 7*. 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 • arti (o be, po^ession Buy 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 seized by any officer, s. 31,
If any distiller shall sell any spirituous liquors to be drank in
Not to suffer his shop, or other places thereunto belonging, or permit any tippling in their other person to drink any such liquors in any the places aforc,')0f(' said, he shall for every such oflVnce forfeit 10/. 20 Geo. 2.
c. 39. *. 4. 24 Geo. 2. c. 40. s. 4.
And every person found drinking or tippling in the shop, or other place belonging to any distiller) shall forfeit 20j. 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, vho 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 oalh 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 sucb. forfeitures shall be applied to the use of the poor of the parish where such offence fs committed; and for want of sufficient distress, such offender shall be committed to the house of cor. rccfion, 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
Who deemed Geo; ~ c- 39" *• 5- 24 0eo- 2- c" 40- s- 4'
distillers. 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 tor distilling low wines and spirits, and having in hit, custody any still, shall be deemed a common distiller for sale, 21 Oca. 3. c. 55. s. 31, 35,
Wbo rectifiers, ^n(j lt0 person shall be deemed to be a rectifier or compounder,
o^torupoim" who shall not have an entered still, capable of containing ij« the body thereof, exclusive of the head, 150 gallons, nor unless such still shall have suitable tubs and worms affattd there
Who restrained to, and shall Ik; bona fide used for rectifying British .'prjti for
from being Ui- sale. 20 Geo.. 3. c. 73. .?, 15.
•tillers. And uo person licensed to sell, or selling brandy or filter
(pints by retail, shall be the proprietor of any distillery or rcc- »»*"■""»■ tifying house, or have any share therein, or be in any manner ■
concerned in such business, on pain of 900/. 20 Geo. 3. t. 7J. t. 54.
No distiller shall erect any tun, cask, wash-batch, copper, Distillers to »till, or vessel, for making or keeping any worts, wash, low make entry of wines, spirits, or strong waters, nor alter or enlarge the same, il>eir uicutili* nor hare any private warehouse or place for brewing or keeping *c" any such liquors, without first giving notice at the next office of excise, on pain of 20/. and every person in whose occupation any house or place shall be, where such private vessel or place shall be found, shall forfeit 50/. 8k 9 Will. 3. c. 19. t, 10,
Ana it is further provided by 21 Geo. 3. c. 55, Thnt no person shall make use of any vessel, wash-batch or other utensil,
nor my room or place for making, brewing, or keeping of wash for the distillation of low wines and spirits, without first giving notice tiicreof at the next office, upon pain to forfeit for every •end ur place 501. *. 36.
Aud ifany distiller, rectifier, or compounder, or dealer in spi- jf wareii0nsrt ritcous liquors, shall use different entered warehouses for keep- are Kpgratt. ir£ spirituous liquors not under the same roof, or separated from each 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. e. 77. j. 35. . .
Ami all fixed casks used for keeping stock of British brandy, Fixed cailci t« rectified British spirits, raw British spirits, British componuds, be entered, prother spirits, shall before used, be entered and gaged, and racked to the satisfaction of the officer, upon pain of 100/. u<l forfeiture of such casks, with the liquor therein, *. 38.
And if any person occupying any house, whether the owner Of renter thereof, or not, shall knowingly permit any private lack or still to be set up or used in any part of such house, or *oy building thereto belonging, by any person whomsoever, without entry, ur without a licence, he shall incur the same penalties as persons using such still. 26 Geo. 'J. e. 73. *. 53.
And no person shall make entry of any place, or of any still What TMHe« or utensil for distilling low wines or spirits, unless he occupy a t><>» wurraiuu. tenement of 10/. a year, for which he shall be assessed, and pay ble' to the parish rates; and no entry shall be of any avail to any '(■I'on not so qualified, or for longer than he shall be so qualified. 19 Geo. 3. c. 50. t. 3.
And in case any officer shall know, or have cause to suspect power of ofli, that any private still, back, or other vessel, spirits, low wines, cir» to »enr<:h "ash, or other materials, preparing for distillation, are set up l»r private or kept in any place; then if within tlie limits of the chief othco sulu "■'"',ci** upon oath made by such officer before one justice, or two com- '.' **■•*• '-.loners; or in other parts before one justice, setting forth
Distillers, 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 constable), 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 saaie to the next office of excise. 22 Geo. 3. c. 70. «. 13.
And if he shall discover any private still, back or other yes•el, 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 <cn 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, 200/. 19 Geo. 3. c. 50. #.2. 23^0. 3. c 70. *. 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. *. 2. 23 Geo. 3. c. 70. *. 13.
But if upon breaking open the door,or house,no such private Tcssels 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. ». 8. At to persons An(j wnen any officer shall discover any private still, bad, tlie'use't'he'rro/ or Tcsse'j an(^ at *ne same time any person aiding in carrying on 'such private distillation, such person shall, above all other penalties, forfeit 30/. 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, immedw 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 conviction, and he shall not be discharged until he shall have paid the 30/. or until the expiration of the six months; ibd in case he shall be again discovered aiding in any private distillery, he shall, upon the like conviction, forfeit 60l. and be committed