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»i»»i. livery of s proper permit to the buyer shall become a question,

1 ' 'it shall be sufficient for the teller to prove that a lawful permit

was obtained, and that there had been a suitable decrease in hit

stock; whereupon such spirits shall be adjudged to hare been

delivered with a lawful permit, s. 43.

And no buyer shall atail himself of any inch forfeiture, unleJi he shall, within fonrteen days after the delivery of the said spirits, exhibit a complaint before the commissioners or justices; and when he shall before the delivery of such spirits, have paid for the same, and shall prosecute the seller for the double value, and shall recover the same, then he may maintain his action against such seller for the money paid; and upon obtaining a verdict shall also recover costs. #. 43.

And if any question shall arise whether any spirits removed

by permit, are bonk fide such as are specified in the permit, al.

though kept in the officer's book, by the same descriptions, the

proof thereof shall be upon the owner or ctaimcr, by the oaths

of two witnesses competent to decide, s. 44.

0*cen »• And the officers arc to seize every horse and other cattle, and

arnrkofKs all carriages and boats whatsoever employed in the removing

maat'",Hn British spirituous liquors, unless they shall be accompanied by

tjurtta without permits ; which seizures shall be determined by law of excise. 13

P«iuit. Geo. 3. c. 70. t. 15.

Farther And if any distiller, maker, rectifier, compounder, or retailer

fnni-iiment tor of British or foreign spirits, shall be convicted of fraudulently friiiciiil«nlj making, or having in his possession, any spirits whatsoever, oivii?*°Tr*t British or foreign, without having received a legal permit with »uh«,ut i*/- *ne siunc! an0" 't shall have appeared in prooT, to the satisfaction aau of the commissioners or justices, that the offence was knowing

ly comniitted,which shall be set forth in the record of conviction; the offender (besides all other penalties) shall forfeit all future benefit of his subsisting licence for making, rectifying, or vending spirits; and if he be a maker, distiller, rectifier, or compounder, or wholesale dealer, his entry or licence shall be void, and no new licence grauted for one niunih. 26 Gen. 3. c. 73. *. 45. O- my person And further, if any person shall knowingly receive, buy, or Ur, inj; spirits j,awin his possession, any British spirits, alter removed from the scj*u»v«d. places where manufactured, and before the duty has been charged,

or the same been condemned as forfeited, he shall, whether he have any property therein or not, forfeit all such British spiVixerf spirits rits, and treble the value thereof > to be taken at the best rate *»ckding (out \n London. 26 Geo. 3. c. 77. s. 10. It. ;».,. not to No person shall tell or send out any British spirits mixed

■ »■■ ••*i'" (tit *

?w Mw fi>- with foreign spirits, in any greater quantity than four gallons, mjn spirits upon pain of forfeiting bOl. 16 Geo. 3. c. 73. ». 57. loner 0'" one Nor shall any distiller, rectifier or compounder, sell or send in »ii under out an, forcign spirits. lower than One in six under hydrometer


proof, nor hare in his possession any foreign spirits, or British mtnwii.

»nd foreign spirits mixed together, except shrub, cherry, or ■

raspberry brandy, lower than as last aforesaid, upon pain of all inch spirits being forfeited ; and such spirits, together with the casks, shall be seized by any officer, s. 21.

And all low wines or spirits brought by sea coastwise, N„ttobe *ithout-a certificate from the officer that the duty hath been bn,u;ht co»jtpaid, shall be forfeited, and may be seized by any officer of cus- wise without toas or excise. 3 Geo. 1. c. 4. s. 17. permit.

No wash made for making oflow wines, in order to extract t",ltl,,« Spirits for exportation to foreign parts, nor any such low wines "**P<>*T*or spirits shall be charged with any duty of excise. 2 Geo. 3.'

c 5. i. 5. No person shall distil in England any spirits for exportation, R«iriction»

to Scotland in any house or place, entered or not, within one "'.t0 P1"0" mile from any house or place, entered for keeping lirilifh nwv i,e d'iitilJpirits for sale in quantities of two gallons or upwards, or within led in England 'helike distance from any house or place, which shall then be, fur exportation or within one year before shall have been entered for making ilU0 &coll»ndor distilling spirits for exportation to foreign parts, or for making or distilling spirits in England for the consumption of England; or make use of any house or place for the keeping of AntftiA spirits for Sale, in quantities of two gallons or upwards, ''thin the like distance of one mile from any house or place filtered, or within one year before entered, for making or disMinf spirits for exportation to Scotland, on pain of forfeiting WL together with every still, mash, tun, cooler, wash.

itek, and other utensils, and also all the spirits, wort, wash, or otlier materials fit or proper for distillation, which shall be /otritd in any such place. 45 Geo. 3. c. 100. s. 1.

8nt nothing herein shall prevent any person not being such

Pilfer of spirits for exportation to Scotland, nor concerned "interested in any such distillery, from entering and making «« of any such house orplace, as aforesaid. Ibid.

Nor shall any thing in this act extend to prevent any distiller ■ England for exportation, from making entry of any house or place, for distilling or making spirits for such exportation,with"liny distance not less than 100 yards of any house, or place totered for keeping British spirits for sale in quantities of two pilous or upwards, provided such distiller shall n.ot have any concern or interest in such trade or business. Ibid.

Wo person shall be allowed to make entry of any,or Timctif m«Ic. place in England for distilling spirits for exportation to Scot- "•*> euuiej. l*wl at any other period or time than on the 1st. Oct. in each year,nor shall any licence be grantedfor-distilling spirits asal'ore. said to commence at any other day. 45 Geo. 3. c. lOo. s. 14. T ^ , .

And no distiller for exportation to Scotland, shall be permitted g,„u,„M lo lj make entry of any house or place, to commence working at wt mUt, wjTin.'sr, any otherperiod than the-lst Oct. in each year ; and every wash.


ton Kxpok- still after the working thereof shall hare commenced, shall be

Tation. presumed to be kcptfregularly at work for three calendar months

'successively at the least, from the day of beginning to work.

45 Geo. 3.c. 100. s. 5.

And no person who shall have begun to work any such

wash-still shall discontinue or withdraw the entry of any such

wash-still after, the working shall have commenced, until the

expiration of the iaid three calendar months: and if any suchdis.

tiller shall be desirous to discontinue the working of any such

wash-still at the end of the said 3 calendar months, or at any

subsequent period previous to 1st Oct. then next ensuing, he

must give to the proper officer of excise, 15 days previous no.

tice in writing. 45 hco. 3. c. 100. .?. 5.

Ifo home en- Aud no such house or place entered for making spirits for

tered lor dis- exportation to Sco:hnd, shall be entered or used for distilling

tilling for ex- or making spirits, for consumption in England within the year,

Ecuthturl lo be reckoning from the first of Oct. nor until all the worts and

used tor ilis- ■ wash remaining shall.have been actually distilled into spirii.',

tilling Tor and the whole actually exported to Scotland. 45 Gto. 3. c. 100,

home con- » «

Regulations on Every distiller who shall ho desirous of making spirits for making spirits exportation to foreign parts, (or of making spirits in England for exportation for exportation from thence to Scotland, 28 Geo. 3. c. 46. .'. to foreign 35.), shall, four days before he begin, make entry in writing

to Scoiliu/ S° at "le ncxt ou^ce> °' eTery Still, copper, tun, wash-batch, cask, or other vessel,which he shall use; and also of every work-house, still-house, storehouse, warehouse, or other place used.for preparing, distilling, or keeping wash, low wines, or spirits ; and in such entry shall insert the day when he shall begin first to brew any corn, or to mix materials for making wash;"(anrf in the case of making spirits for exportation to Scotland, shall in such notice also specify from what materials he intends to make such spirits, 28 Geo. 3. c. 46. t. 35.), and shall afterwards during the continuance of such entry, give notice in writing, four hours before he shall begiu any subsequent mixing; and shall insert in such notice the hour when hi shall begin; and shall also give a like notice, before any wash is pumped up into the .still, and shall insert in such notice the hour when he shall begin : and if he neglect or refuse to make such entry, or give such notices, he shall forfeit 100/.; and if, alter such entry, he shall not begin to mix his materials Ou the day mentioned in such entry, or within four hours aftcr, or having given such notice, shall not begin such operations at the time mcutioiicd, or in two hours after; such entry and notice shall be void : and in case he proceed without fresh entry or notice, he shall forfeit 100/. 2 Geo. 3. c. 5. *. 7. 28 Geo. 3. c. 46. s. 35. ..

£.n$i( in Up case of making spirits far exportation to ScoN


3, he shall not be^in aud proceed in such operations at the Mwtitiwo mne mentioned in such notice, or within one hour aller, sucn TATiON. notice shall be void, and he shall give a fresh notice, on pain .

of 100/. 28 Geo. 3. c. 46. s. 35.

But nothing herein shall authorize any distiller to give no- s,n of still*. lice of his intention to make spirits for exportation to foreign irts, whose wash-still will not contain one thousand six hunfadgallons,aud the spirit or low-wine still for making spirits for nportatiott to foreign parts, 800 gallons. 2 Geo. 3. c 5. s. 8. And it shall not be lawful for any distiller in England for nportation to Scotland, to make entry of, or keep, use, or nplojany wash-still of less capacity than 3000 gallons, includes Ac head, nor any low-wine still, oflarg'er capacity than on« Wjirtof the capacity of the wash-still. 45 Geo. 3.c. 100.s.2. Audit shall not be'lawful for any such distiller to keep use rmploy any still for distilling spirits for exportation as aforeiexcept as follows: viz. the diameter taken in the widest in"shall not exceed the altitirde thereof, from the center of le bottom to the center of the collar, exclusive of the head, •aagrcater proportion than one half of such altitude, nor II the diameter at the bottom exceed the altitude, nor thebottn_be otherwise curved than inwards. 45 Geo. 3. c.100. s. 3. Neither shall any distiller distil spirits for exportation to foreign prtj (or to Scotland, 28 Geo. 3. c. 46. s. 3G.) unless he shall aclally have distilled into spirits all the wine and low wines in his iession for making spirits for home consumption, forty-eight in before the day mentioned in such entry. 2 Geo. 3. c. 5. 1i Geo. 3. c 46. *. 36. od every distiller in England, for exportation from thence- Howstillt to be •foreign parts,shall, before he begin to draw off any low wines charged. * his wash .still, charge the same with wash, in the pro"jrtion of ru)t less than four parts in five of the whole quanoch still, including the head, is capable of containing ; and di wash-still shall be worked off, within twenty-four hours, ie time of the officers taking an account of the charge; •opainin either case to forfeit 200/. 26 Geo. 3. c 74. s. 21. trcry entered wash-still, belonging to such distiller of •.pirits t exportation to Scotland, shall every time the same shall b« ed be presumed to be charged with wash hi the proportion 4 parts in 5 of the contents of such' still, including the head, : following rates, viz. the same shall be presumed to ba id as aforesaid, at the average rate of not less than six w in each week, and such wash-still shall not be charged, * worked oftener than 6 times in each week : and if any disr shall charge his wash-still oftener than six times in each on an average, during the continuance of his entry, in any 'ear, reckoningfrom the 1st of October, he shall be charged h and pay duty at the rate of 20?. computed on the product 8 gallons of spirits for every 100 gallon; of wash'. 45G*o. *•«. 100. s.4.


Manner of
making anil


No wash for extracting spirits for exportation shall be pumped up into the still, or removed from the vessel wherein fer. merited, but in the presence of an officer; and such distiller shall draw off his low wines, immediately from the still, into an entered vessel only, and continue them therein, so that tl.e officer may take a true gauge ; and such distiller shall provide a cask entered and gauged,sufficient to contain the whole spirits extractcd from each still, when made up to the proper strength,into which the spirit shall run immediately from the still; and when the whole quantity shall be collected in such cask from each •till, such distiller shall immediately make up such spirits, ia the presence of the officer, if for exportation to foreign parts, to the strength of one to six under hydrometer proof; {and if for exportation to Scotland one to ten over proof, 28 Geo. 3, c 46. *. 48,) and a true gauge of such spirits so made up, shall then be taken by the officer, who shall keep an account thereof; and such spirits shall afterwards be put into casks and secured in the presence of the officer in a warehouse, to be provided and entered at the proper office, and kept at the expence of . such distiller ; which spirits shall be kept there, separate from spirits made for home consumption; and no spirits for home consumption shall be put into the same warehouse; and such warehouse shall be secured uuder three locks, and keys, one to be provided by such distiller,and the other two by the surveyor, supervisor, or officer, at the expence of such distiller; whereof one key shallbe kept by such distiller, another, by such surveyor,and the third by such officer, until the spirits shall be delivered out for rectification or exportation; which warehouse shall be made se. cure to the satisfaction of the surveyors, and the surveyors are to attend, on notice, to view the same: and if any distiller shall act contrary to these directions, or shall obstruct the officer from taking a gauge, or sample, or shall open any of the locks or doors in the absence of the officer, or make any way into such -warehouse, or remove any part -of the partition, or make any addition thereto,or alter the same,without notice to the surveyor, aud his consent in writing first obtained; or shall re move any of the spirits from the locked warehouse, to any other before taken out,cithcr for rectification or to be put on ship.board and exported; or shall remove or conceal any of the wash, or low wines for making spirits for exportation, or any spirits, whether raw or rectified, either before put into the waiehuuse cr after; such distiller, if for exportation to foreign parts, shall forfeit 500/. and if for exportation to Scotland, iOOl. 2 Geo. 3. e. 5. *. 10. 28 Geo. 3. c. 46. *. 48.

And in case the spirits distilled for exportation to foreign parts, in one day, cannot, for want of time, be conveyed from the spirit cask, and locked up in the warehouse, the officer shall gauge the same,and secure the lid of the cask, and take samples; which spirits shall be locked.up in. such warehouse the next

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