made use of for keeping of foreign wine for sale, the words dealer in foreign wine, on pain of 50%. s. 14.

And if any person, other than such as shall have duly made the aforesaid entry, shall paint or write up such words, he shall forfeit 1007. and also be subject to the penalties, for dealing without entry. s. 15.

Officers power

And the officers of excise, may by day and by night, upon request (but if in the night, in the presence of a constable), to enter the places of enter into every place used by any dealer in, or seller of, foreign wholesale wine, whether by wholesale or by retail, for keeping wine, dealers, and by tasting, gaging, or otherwise, to take an account of the quantity and quality of all the wine and other liquors in his custody, in cask or in any vessel, except bottles, and also to take an account of the wine or other liquors, which shall at any time be in his custody in bottles, in any other manner than by tasting the same, or by uncorking or opening the bottles containing such wine.

s. 17.

And the officers may take a sample, whether in bottles or aud take samcask, paying for the same; and if any dealer or seller, or any ples.

servant to him, shall refuse to permit such officer to take such mples, or any wise obstruct him therein, he shall forfeit 100%.

4. 18.

marked.

And all dealers in, and sellers of foreign wine, shall mark Casks to be on each cask and vessel, containing above three gallons, and in which they shall keep foreign wine, the number of gallons which such vessel is capable of containing, and also the sort of We then kept therein, specifying if it be French, whether French red or white wine; and, if foreign wine, other than French, whether foreign red or white wine, on pain of forfeitach wine, with the cask, which may be seized by any oficer of excise. s. 19.

shewn to the officer.

And every dealer or seller, is to shew to the officer each cask, Casks and apable of containing above three gallons, and every bin, or places to be place, in which he shall keep any wine, on pain of forfeiting vine found therein, with the casks, which may be seized my officer of excise; and the officer shall mark such casks, , or place; and if any person shall rub out or deface such ark, he shall forfeit 501. 8. 20.

And no dealer or seller shall, without notice given at the ext office, erect any vessel, utensil, or other convenience for eeping wine, above three gallons, or alter or enlarge the same, capt such as are openly kept and used, and known to the er, on pain to forfeit for every bin, vessel or utensil set up or altered, 50. s. 21.

Every dealer by wholesale (and also every other dealer in or Notice of bot eller of wine, 42 Geo. 3. c. 93. s. 5.) shall, on pain of 50%. be- tling.

re he begin to draw off or bottle any foreign wine, give to

e officer six hours notice in writing within the limits of the

f office, and twelve hours in other places, of his intention

Vol. II.

S

Wines to be

to draw off or bottle wine, and of the time and place, and the quantity, and into how many casks, or bottles, the same is intended to be drawn off; and the sort of wine, and from what cask; and the officer shall, if he deem it expedient, attend; and such wine shall be packed or piled, in the presence of the officer, if he attend; and such dealer shall, immediately upon its being drawn off, or if the officer shall not be present, then upon his next survey, make a declaration into what bin or place, such wine is intended to be, or shall have been deposited, and when he intends to deposit the same, on pain of 501.

8. 22.

And no foreign wine shall be removed from the place, where deposited, into any other entered place, before such deale shall have given to such officer six hours notice in writing, with in the limits of the chief office, and twelve hours in other places of his intention to remove the same, and of the places, on pai of 50l. s. 22.

But nothing herein,shall make any dealer liable to the penal. ty of 501. for drawing off any foreign wine into a number of bottles more or less, by a small quantity, than specified in such notice. s. 22.

Also, if any dealer shall not begin as aforesaid, to draw o at the time mentioned in the notice, or within one hour afte such notice shall be void, and a fresh notice given. s. 22.

But nothing herein shall make it unlawful, for any dealer b wholesale, to draw off any foreign wine at his pleasure, for th purpose of immediately sending out the same, without givin such notice to the officer of his intention to draw off the sam 8. 22.

And every dealer in, and seller of foreign wine, shi kept separate. keep all foreign wine of different sorts separate, on pain of 50 8. 23.

Retailers to

And all dealers in, and sellers of foreign wine, otherwi keepeyder and than by wholesale, who shall receive into their custody any cyde spirits separate spirituous liquors, or other liquors, shall keep the same sep from wine. rate, (and in separate warehouses, storehouses, rooms, shop

cellars,) vaults, or other places, from foreign wine, on pain forfeiting 10s. for every gallon of cyder or spirits, which sha be found in any warehouse, storehouse, room, shop, cella vault, or other place, where any such dealer in,or seller of foreig wine, otherwise than by wholesale, shall have or keep at foreign wine, together with all such foreign wine, cyder, sp rituous liquors, and other liquors, and the casks, bottles an packages containing the same, which may be seized by any o ficer of excise. 26 Geo. 3. c. 59. s. 24. 42 Geo. 3. c. 9 6.4.*

For the provision herein in respect to wholesale dealers, see Sec. 29% the stat. 26 Geu. J. ra.

And no dealer in, or seller of foreign wine, shall have in his Dealers in wine custody any British made wine or sweets, on pain of forfeiting not to have the same, and also 10s. a gallon. 26 Geo. 3. c. 59. s. 25.

sweets in their possession.

And all dealers in, and sellers of foreign wine, shall keep an Daily accounts account of all foreign wine, which they shall sell, send out, or to be kept of consume in each day, in small quantities under three gallons, wine sold. expressing the number of gallons or bottles consumed; and shall every day enter into a book, to be kept for that purpose. an account of the gross quantities of the foreign wine, by them so sohl in the preceding day, in quantities under three gallons; and they shall also keep one other book, wherein they shall enter each parcel of foreign wine of three gallons or more, which they shall sell or send out in each day, expressing the num ber of gallons or bottles; which books shall be prepared and delivered, on demand, unto such dealers by the officer of excise, but no dealer shall have more than one book of each sort at a time, and when filled up, the same shall be returned to the of cers, and the entries verified upon the oath of the dealer, or his servant, and new books shall thereupon be delivered to such dealer, in the room of the books returned, and so toties quo ies; which said books shall lie open to be perused by the officer; and dealers shail, on every request of the officer, fill up such books, with the quantities sold in each day; and if such dealer shall neglect or refuse to keep such books, and make such entries therein, or to permit the officer to inspect the same, or shall not return the said books or fill them up on request, or shall make any false entry therein, he shall forfeit 201. s. 26.

wholesale deal

ers.

And if any officer shall discover, that the quantity of foreign wine Increase found in the stock of any dealer by wholesale, added to the quantity in stock of for which permits have been granted, and also to the quantity sold in small quantities under three gallons, and for which entries shall appear to be made in the said book, exceeds the stock left in hand, on the taking of the last account, added to the quantity since received by permit; the quantity so found in excess, shall he deemed to be made by foreign wine, for which no duty has been paid, privately brought in without permit ; and a quantity equal to the excess shall be forfeited and seized by the officer, and the person in whose stock such excess shall be discovered, shall also forfeit double the value of the wine found in excess. e. 27.

But this is not to extend to any excess which shall arise from wine received since suck last account, directly from any quay where first landed, and which shall not exceed the importation gage, more than two gallons upon each ton; and if it shall also then be in the original cask in which it was imported, and no part

drawn off. s. 28.

All cyder, sweets, British made wine, mead, spirituons li- Wholesale quors, and other liquors whatsoever, found in the places of any dealers having dealer by wholesale, shall be deemed foreign wine, of the same cyder, &c.

to be deemed

their possession sort as the wine with which the same shall be kept, or if kept separate then the same shall be deemed to be French red wine. S. 29.

foreign wine.

The manner of

2

Where any licensed dealer by wholesale (or any other dealer granting per in, or seller of wine, 42 Geo. 3. c. 93. s. 6) shall have ocmits to dealers. casion to remove wine, the officer shall, without fee, upon a request note, give a permit in writing, and limit the time within which the wine shall be removed, and also within which it shall be delivered. s. 30.

Wine not to be brought without permit.

Private persons to obtain per

val of wines.

And no such permit shall be granted, or valid, unless the deal. er, send to the officer a request note in writing, specifying the name of the person to whom the wine is to be sent, the quan. tity of each sort; and, if it be French red or French white; or foreign red, or foreign white, not French; and also the number and contents of the casks, bottles, jars, or vessels, and whether it is to be removed by land or by water, and by what convey. ance; and such wine, which shall be removed under a description not conformable thereto, or under a false description, with the casks, and the horses, cattle, carts, boats, barges, and other carriages used in the removal thereof, shall be forfeited, and may be seized by any officer of excise. s. 31.

And no wine shall be brought into any entered place, with out a permit produced to and left with the officer, on pain of forfeiting the same, together with the casks. s. 32.

And where any person, not being a dealer either by wholemits for remo- sale or retail, shall have occasion to remove any foreign wine, from any part of this kingdom,to any other part thereof,it shall be lawful for the officer of the division, (upon such person, or his servant, proving that the duties have been paid, and upon a request note, in writing, made and sent to such officer, specifying the quantity of each sort, and whether it is French red, or French white wine, or foreign red, or foreign white not French, and also the number and contents of the casks, bottles, jars, or the vessels containing the same, and likewise whether the same is to be removed by land or by water, and by what conveyance) to give, without fee, a permit in writing according to such request note, in the same manner as to licensed dealers. 8. 33.

Wine above

not to be re

And no foreign wine, exceeding three gallons, shall be remo. three gallons, ved from any part of this kingdom to another, by land or by moved without water, without a permit, on pain of forfeiting the same, toge permit. ther with the casks, and the horses, cattle, carts, boats, barges, and other carriages. s. 26. 34.

And in case any wine shall be removed, by the person to whom the permit shall be granted, within the time limited, and shall not, within the time limited, be delivered to the person, to whom it is to be sent, then all such wine shall be deemed to be removed without permit, unless it be proved that it could not have been so delivered. s. 35.

removed within

But if such wine shall be seized, the same shall be restored How wine without delay by the officer, to the person having the charge seized for being thereof, at the ime of seizure, if such person shall, before one the time menjustice, enter into a recognizance, with one or more surety or tioned in the sureties, to be approved of by such justice, to his majesty, permit, may be in double the value of such seizure, with condition to prove, returned. within one month next ensuing, to the satisfaction of the commissioners, that such wine, through unavoidable accident, could not have been delivered; and, upon such recognizance being entered into, such justice shall certify, upon the back of the permit, that a recognizance has been entered into, in pursuance of this act, and shall also, by indorsement on such permit, allow such further time as to him shall seem meet, for such wine to be delivered; and such indorsement thall, during such further time, be of the same effect as a permit, and such justice shall forthwith transmit such recogBizance to the king's remembrancer in the court of exche

quer. s. 36.

And if any person shall counterfeit any certificate of such recognizance, or any such indorsement, or knowingly give, or receive the same with wine, or shall fraudulently erase the same, or knowingly publish or make use thereof, he shall forfeit 5007. and upon every action for the same, be held to bail. s. 40, 41.

And if such dealer (or any person not a dealer, s. 38.) shall Permits not
not, either send away the wine, or before the expiration of used to be re-
the time limited in the permit, return such permit to the of turned.
fcer, he shall for every gallon of wine mentioned in the per-

mit, and not removed, forfeit treble the value thereof, accord-
ing to the best price in London.
s. 37, 38.

And if such permits are not so returned by any dealer, and
upon taking
an account of the remaining stock, there shall
appear a decrease, to answer the removal, such dealer
shall forfeit the quantities permitted, and not removed, out
of any foreign wine, of the same denomination, then in his
Possession; and if he shall not then have in his custody such
quantity, he shall forfeit 100%. s. 37.

And if any person, shall counterfeit any permit, or knowing- Forging pergive, or receive any false permit with wine, or fraudulently mits.

alter or erase such permit, after granted, or publish or make

of a

f any

such counterfeited, false, or altered permit, he shall

feit 500l. and upon every action for such penalty be held to bas. 39, 41.

if any foreign wine shall be concealed in any place whatso. Concealing , to evade the duties, it shall be forfeited, together with the foreign wine. ks, and shall be seized by any officer of customs or excise; and if any officer shall suspect any foreign wine to be so concried within the cities of London or Westminster, or the limits the chief office, if he be an officer of excise, upon oath mado