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Act Repealed Latest version as at 20 October 1868 (as enacted) | 1868 No 72

Distillation Act 1868

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Act Repealed Latest version as at 20 October 1868 (as enacted) | 1868 No 72

Distillation Act 1868

Contents
Preamble.
1
Short Title and commencement of Act.
2
Ordinance and Acts repealed.
3
Appointment of officers.
4
License how obtained.
5
Vessels and form of license.
6
Conditions of license.
7
Premises to be inspected.
8
Bond to be entered into.
9
License to use naphtha still.
10
License to use stills for chemicals.
11
Termination of license.
12
Renewal of licenses.
13
Refusal or suspension of licenses.
14
Certain licenses to become void in certain cases.
15
Distance between the premises of licensed persons and those of brewers.
16
No other trades allowed on the premises.
17
Premises to be surrounded by a wall or fence.
18
Regulations as to windows in distilleries.
19
Distillers to furnish officers on duty with assistance ladder and lights.
20
Rubbish &c. to be removed by distiller.
21
Office for inspector.
22
A proper spirit store to be provided in every distillery.
23
Spirit cellar or storeroom to be registered.
24
Provisions of Act to be complied with before license renewed.
25
Description of wash charger.
26
Return of gauges.
27
Underground pipes to be enclosed in wooden cases.
28
Ends of tail pipes to be secured.
29
Discharge cocks of the fermenting back.
30
Pipes &c. to be staunch.
31
Construction of cocks.
32
Utensils &c. to be kept in repair.
33
Dipping holes.
34
Vessels &c. not to be altered.
35
Notice book.
36
Entries on notice book how to be effectual.
37
What material may be used in making wort.
38
Notice of mashing.
39
As to yeast and spent wash.
40
Notice of setting up backs.
41
Declaration of the highest specific gravity &c.
42
Increase of specific gravity or quantity.
43
And proceedings therein.
44
Course of wash through the different vessels.
45
Regulations for production of spirits without previous production of low wines.
46
Impure spirits may be redistilled.
47
Wash charger to be cleaned out.
48
Notice of charging the wash charger.
49
Officer may lock coverings &c.
50
Officer may empty worm tubs.
51
Officer may distil a sample.
52
Officer may take samples and make trials.
53
Chief Inspector may erect a still.
54
Chief Inspector may superintend the distillation of a charge of wash.
55
Notice of distillation from wine ale &c. &c.
56
The produce from worts made on the premises not to be mixed with produce of liquor fermented elsewhere.
57
Saccharometers.
58
Hydrometer.
59
Distiller not to brew wort or use any still on Sunday or public holidays.
60
Rate of duty.
61
Modes of charging duty.
62
Duty chargeable on deficiency.
63
Regulations to facilitate monthly accounts.
64
Distiller made chargeable according to the highest gauge.
65
Spirits to be kept in vats only.
66
Change in form of utensils.
67
No sugar or syrup to be mixed with spirits.
68
Limitation of hours for drawing off spirits.
69
Stock account to be kept.
70
Limitation in the size of casks.
71
The true content to be marked on movable casks also name of distiller and place where his stock is kept.
72
Allowance where spirits are destroyed by fire &c.
73
Certificate of payment of duty.
74
Property on premises liable for duties in arrear or for penalties incurred.
75
Permits for the removal of spirits.
76
Spirits removed without permit may be seized.
77
Officers may stop persons removing spirits and examine permits.
78
Unlawful permits.
79
Distance between duty-paid spirit store and distillery.
80
Mode of ascertaining quantity of spirits by weighing.
81
Regulations for removal of spirits.
82
Warehousing of spirits.
83
Appointment of bonded warehouses.
84
Spirits may be repacked in bonded warehouse.
85
Entry to be made before removal.
86
Spirits &c. may be removed from Customs warehouses to distillery store to be rectified.
87
Spirits may be used for varnishes.
88
Spirits may be removed to any Colonial port under bond.
89
Spirits may be exported.
90
Spirits may be exported under bond.
91
Mode of proceeding where spirits are entered for home consumption or for exportation.
92
Duties how to be paid.
93
Returns of spirits distilled to be published.
94
Rectifier’s receiver to be certified.
95
Bond to be entered into.
96
Rectifiers not to keep worts &c. on their premises.
97
Regulation of rectifier’s apparatus.
98
Rectifier to give notice of charging still.
99
Quantity and strength of spirits in rectifier’s still to agree with the notice.
100
Regulation of the operation of rectifying.
101
Officer may secure rectifier’s apparatus.
102
Quantity of spirits produced by the rectifier not to exceed the quantity put into his still.
103
Seizure of materials for distillation.
104
Seizure of spirits.
105
Proceedings under warrant.
106
Under writ of assistance.
107
Holding to bail before a judge.
108
Before a Justice of the Peace.
109
Detainer of parties.
110
Subsequent arrest of parties escaping.
111
Keeping unlicensed still &c.
112
Penalty for selling illicit spirits.
113
Officer may break up ground on the premises of a distiller.
114
Officer may enter premises and seize spirits.
115
License for making or repairing stills.
116
Notice of selling stills.
117
Notice of setting up stills.
118
Inspector may stop carts.
119
Penalty for stealing spirits from distillery or bonded warehouse or for breaking locks &c.
120
Obstructing officer—penalty.
121
Assaulting or resisting officer—penalty.
122
Allowance to be granted in case of officers being killed or wounded on service.
123
Bribes how punishable.
124
Onus of proof to be on claimant.
125
Registration of brewers.
126
Penalty for brewing without license.
127
Premises to be open for inspection.
128
Brewing and sale of spirits to be in distinct premises.
129
Quantity of spirits kept by brewers.
130
Name painted on cart.
131
Use of deleterious drugs prohibited.
132
Penalty for having such drugs in brewer’s possession.
133
Penalty for selling such drugs.
134
Penalty for selling adulterated beer.
135
Registration of spirit merchants.
136
Spirit merchant’s fee for registration.
137
License in case of partnership.
138
Onus of proof.
139
Clerk of the Resident Magistrate’s Court to make returns.
140
Informations may be heard and determined in a summary way.
141
Penalties to be sued for within one year after the offence.
142
Penalties joint and several may be sued for by joint and several informations.
143
Form of information &c.
144
Offence to be set forth in the words of the Act.
145
Proof of the officer’s appointment unnecessary.
146
Officer to have notice of action.
147
Actions to be brought within three months &c.
148
Judge may certify probable cause of seizure.
149
Officer may tender amends.
150
Property seized to be claimed within fourteen days.
151
Admission of claims to property seized.
152
Claimant to enter into a recognizance.
153
Payment and distribution of penalties &c.
154
Imprisonment of convicted parties.
155
Appeal.
156
No writ of certiorari to issue.
157
Commissioner may delegate all or any of his powers.
158
Governor to make regulations.
159
Interpretation of terms used in this Act.
THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE
THE FOURTH SCHEDULE
THE FIFTH SCHEDULE Table of Fees for Licenses
THE SIXTH SCHEDULE
THE SEVENTH SCHEDULE Table showing the Weight in Pounds and decimal parts of a Pound avoirdupois contained in one liquid Gallon of Spirits corresponding to the several indications of Sykes’s Hydrometer.
THE EIGHTH SCHEDULE No. 1.
THE NINTH SCHEDULE
THE TENTH SCHEDULE No. 1.
THE ELEVENTH SCHEDULE
THE TWELFTH SCHEDULE
THE THIRTEENTH SCHEDULE

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Distillation Act 1868

Public Act
  
1868 No 72
Date of assent
  
20 October 1868
 

Contents

Title
Preamble.
1 Short Title and commencement of Act.
2 Ordinance and Acts repealed.
3 Appointment of officers.
4 License how obtained.
5 Vessels and form of license.
6 Conditions of license.
7 Premises to be inspected.
8 Bond to be entered into.
9 License to use naphtha still.
10 License to use stills for chemicals.
11 Termination of license.
12 Renewal of licenses.
13 Refusal or suspension of licenses.
14 Certain licenses to become void in certain cases.
15 Distance between the premises of licensed persons and those of brewers.
16 No other trades allowed on the premises.
17 Premises to be surrounded by a wall or fence.
18 Regulations as to windows in distilleries.
19 Distillers to furnish officers on duty with assistance ladder and lights.
20 Rubbish &c. to be removed by distiller.
21 Office for inspector.
22 A proper spirit store to be provided in every distillery.
23 Spirit cellar or storeroom to be registered.
24 Provisions of Act to be complied with before license renewed.
25 Description of wash charger.
26 Return of gauges.
27 Underground pipes to be enclosed in wooden cases.
28 Ends of tail pipes to be secured.
29 Discharge cocks of the fermenting back.
30 Pipes &c. to be staunch.
31 Construction of cocks.
32 Utensils &c. to be kept in repair.
33 Dipping holes.
34 Vessels &c. not to be altered.
35 Notice book.
36 Entries on notice book how to be effectual.
37 What material may be used in making wort.
38 Notice of mashing.
39 As to yeast and spent wash.
40 Notice of setting up backs.
41 Declaration of the highest specific gravity &c.
42 Increase of specific gravity or quantity.
43 And proceedings therein.
44 Course of wash through the different vessels.
45 Regulations for production of spirits without previous production of low wines.
46 Impure spirits may be redistilled.
47 Wash charger to be cleaned out.
48 Notice of charging the wash charger.
49 Officer may lock coverings &c.
50 Officer may empty worm tubs.
51 Officer may distil a sample.
52 Officer may take samples and make trials.
53 Chief Inspector may erect a still.
54 Chief Inspector may superintend the distillation of a charge of wash.
55 Notice of distillation from wine ale &c. &c.
56 The produce from worts made on the premises not to be mixed with produce of liquor fermented elsewhere.
57 Saccharometers.
58 Hydrometer.
59 Distiller not to brew wort or use any still on Sunday or public holidays.
60 Rate of duty.
61 Modes of charging duty.
62 Duty chargeable on deficiency.
63 Regulations to facilitate monthly accounts.
64 Distiller made chargeable according to the highest gauge.
65 Spirits to be kept in vats only.
66 Change in form of utensils.
67 No sugar or syrup to be mixed with spirits.
68 Limitation of hours for drawing off spirits.
69 Stock account to be kept.
70 Limitation in the size of casks.
71 The true content to be marked on movable casks also name of distiller and place where his stock is kept.
72 Allowance where spirits are destroyed by fire &c.
73 Certificate of payment of duty.
74 Property on premises liable for duties in arrear or for penalties incurred.
75 Permits for the removal of spirits.
76 Spirits removed without permit may be seized.
77 Officers may stop persons removing spirits and examine permits.
78 Unlawful permits.
79 Distance between duty-paid spirit store and distillery.
80 Mode of ascertaining quantity of spirits by weighing.
81 Regulations for removal of spirits.
82 Warehousing of spirits.
83 Appointment of bonded warehouses.
84 Spirits may be repacked in bonded warehouse.
85 Entry to be made before removal.
86 Spirits &c. may be removed from Customs warehouses to distillery store to be rectified.
87 Spirits may be used for varnishes.
88 Spirits may be removed to any Colonial port under bond.
89 Spirits may be exported.
90 Spirits may be exported under bond.
91 Mode of proceeding where spirits are entered for home consumption or for exportation.
92 Duties how to be paid.
93 Returns of spirits distilled to be published.
94 Rectifier’s receiver to be certified.
95 Bond to be entered into.
96 Rectifiers not to keep worts &c. on their premises.
97 Regulation of rectifier’s apparatus.
98 Rectifier to give notice of charging still.
99 Quantity and strength of spirits in rectifier’s still to agree with the notice.
100 Regulation of the operation of rectifying.
101 Officer may secure rectifier’s apparatus.
102 Quantity of spirits produced by the rectifier not to exceed the quantity put into his still.
103 Seizure of materials for distillation.
104 Seizure of spirits.
105 Proceedings under warrant.
106 Under writ of assistance.
107 Holding to bail before a judge.
108 Before a Justice of the Peace.
109 Detainer of parties.
110 Subsequent arrest of parties escaping.
111 Keeping unlicensed still &c.
112 Penalty for selling illicit spirits.
113 Officer may break up ground on the premises of a distiller.
114 Officer may enter premises and seize spirits.
115 License for making or repairing stills.
116 Notice of selling stills.
117 Notice of setting up stills.
118 Inspector may stop carts.
119 Penalty for stealing spirits from distillery or bonded warehouse or for breaking locks &c.
120 Obstructing officer—penalty.
121 Assaulting or resisting officer—penalty.
122 Allowance to be granted in case of officers being killed or wounded on service.
123 Bribes how punishable.
124 Onus of proof to be on claimant.
125 Registration of brewers.
126 Penalty for brewing without license.
127 Premises to be open for inspection.
128 Brewing and sale of spirits to be in distinct premises.
129 Quantity of spirits kept by brewers.
130 Name painted on cart.
131 Use of deleterious drugs prohibited.
132 Penalty for having such drugs in brewer’s possession.
133 Penalty for selling such drugs.
134 Penalty for selling adulterated beer.
135 Registration of spirit merchants.
136 Spirit merchant’s fee for registration.
137 License in case of partnership.
138 Onus of proof.
139 Clerk of the Resident Magistrate’s Court to make returns.
140 Informations may be heard and determined in a summary way.
141 Penalties to be sued for within one year after the offence.
142 Penalties joint and several may be sued for by joint and several informations.
143 Form of information &c.
144 Offence to be set forth in the words of the Act.
145 Proof of the officer’s appointment unnecessary.
146 Officer to have notice of action.
147 Actions to be brought within three months &c.
148 Judge may certify probable cause of seizure.
149 Officer may tender amends.
150 Property seized to be claimed within fourteen days.
151 Admission of claims to property seized.
152 Claimant to enter into a recognizance.
153 Payment and distribution of penalties &c.
154 Imprisonment of convicted parties.
155 Appeal.
156 No writ of certiorari to issue.
157 Commissioner may delegate all or any of his powers.
158 Governor to make regulations.
159 Interpretation of terms used in this Act.
THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE
THE FOURTH SCHEDULE
THE FIFTH SCHEDULE
Table of Fees for Licenses
THE SIXTH SCHEDULE
THE SEVENTH SCHEDULE
Table showing the Weight in Pounds and decimal parts of a Pound avoirdupois contained in one liquid Gallon of Spirits corresponding to the several indications of Sykes’s Hydrometer.
THE EIGHTH SCHEDULE
No. 1.
THE NINTH SCHEDULE
THE TENTH SCHEDULE
No. 1.
THE ELEVENTH SCHEDULE
THE TWELFTH SCHEDULE
THE THIRTEENTH SCHEDULE

An Act to regulate the Distillation Rectifying and Compounding of Spirits and the Brewing of Beer and the Sale of Fermented and Spirituous Liquors in certain cases and to provide for the granting a Duty upon Spirits distilled in New Zealand.

Preamble.

WHEREAS it is expedient to regulate the distillation rectifying and compounding of spirits and to grant a duty upon spirits distilled in New Zealand and to restrain illicit distillation to regulate the brewing of beer and to make provision for the sale of fermented and spirituous liquors in quantities not less than two gallons

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—

1 Short Title and commencement of Act.

The Short Title of this Act shall be “The Distillation Act 1868” and it shall come into operation on the first day of January one thousand eight hundred and sixty-nine.

2 Ordinance and Acts repealed.
Proceedings under repealed Acts to be continued.

The Ordinance and the several Acts set forth in the first Schedule to this Act are hereby repealed but all offences against the said Ordinance or any of the said Acts committed before this Act shall come into operation shall be prosecuted and all proceedings in execution of the said Ordinance or the said Acts commenced or taken before this Act shall come into operation shall be as valid to all intents and purposes and may be continued executed and enforced against all persons liable thereto in the same manner as if this Act had not been passed.

3 Appointment of officers.

It shall be lawful for the Governor to appoint an officer to be called the Chief Inspector of Distilleries and for the Commissioner of Customs from time to time to appoint and remove such and so many Inspectors of Distilleries and other inferior officers as may be necessary for the due execution of this Act.

4 License how obtained.

Any person desirous of obtaining a license to distill or to rectify and compound spirits shall make application in writing addressed to the Commissioner of Customs for such license and such application shall describe the premises where such distillation is to be carried on and shall be accompanied by a plan of such premises showing the situation of the still and all other vessels and apparatus to be used on such premises together with the dimensions and capacity of all such vessels and apparatus and such plan shall contain such other particulars as shall from time to time be required and directed by such Commissioner to be given.

5 Vessels and form of license.

The Commissioner of Customs is hereby authorized to grant licenses in accordance with the provisions of this Act and every license so granted by such Commissioner shall be in the form prescribed in the second and third Schedules of this Act and shall specify the premises in which the distillation or rectifying and compounding of spirits shall be carried on and no such license shall authorize the person obtaining the same to have or use any still or other apparatus used in distillation or in the rectifying and compounding of spirits in any other place than that mentioned in such license and any person having or using any still or other apparatus as hereinbefore mentioned in any other place than that mentioned in such license shall be liable to the penalty hereinafter imposed upon any person having and using any still or other apparatus for distillation without first having obtained a license and notification of the issue of all such licenses shall be published in the New Zealand Gazette.

6 Conditions of license.

No license shall be granted under this Act for making or distilling low wines or spirits unless the wash still shall be capable of containing double the quantity of the low wines or spirit stills and no such license except as hereinafter provided shall authorize any person to have or use any still the body of which without the head thereof shall be of less content than fifty gallons or any distilling apparatus not capable of distilling fifty gallons of wash per hour provided that the Commissioner of Customs may if he think fit refuse to license any person to have or use any still the body of which without the head thereof shall be of less content than four hundred gallons or any distilling apparatus not capable of distilling two hundred gallons of wash per hour.

7 Premises to be inspected.

Before any license shall be granted under the provisions hereinbefore mentioned the premises described in the application hereinbefore mentioned shall be inspected by the Chief Inspector of Distilleries or some officer by him deputed so to do who shall certify to the Commissioner of Customs that such premises comply with the requirements of this Act and such certificate shall be as near as may be in the form prescribed in the fourth Schedule of this Act.

8 Bond to be entered into.

Before any license shall be granted under this Act the person applying for the same together with two good and sufficient sureties to be approved of by the Commissioner of Customs or Chief Inspector of Distilleries shall enter into a bond to Her Majesty in the sum of five hundred pounds conditioned for the due and faithful observance of all the laws relating to the distilling or rectifying and compounding of spirits in force in the Colony of New Zealand or which may be in force at any time after the execution of such bond.

9 License to use naphtha still.

It shall be lawful for the Commissioner of Customs to grant if he shall think fit to any person applying for the same a license to keep and use a still or other distilling apparatus for the purpose of distilling naphtha pyroligneous acid ammonia or other chemical manufacture or article except spirits or spirituous compounds or others in the production of which the process of distillation is necessary and every license so granted shall specify the capacity of the still the purpose or purposes for which such still shall be used and the locality house or premises where such still shall be used and set up and such person applying for the same together with two good and sufficient sureties to be approved of by such Commissioner or Chief Inspector of Distilleries shall before such license shall be granted enter into a bond to Her Majesty in the sum of five hundred pounds conditioned that the person named in such license will not use such still or suffer the same to be made use of for any other purpose or purposes or in any other locality house or premises than that which shall be specified in such license.

10 License to use stills for chemicals.

It shall be lawful for the Commissioner of Customs if he shall think fit to grant to any person a license to keep and use a still or other distilling apparatus for the purpose of distilling ethers or other chemical compounds of which spirits form a part and for chemical purposes only and subject to such regulations as the said Commissioner or the Chief Inspector of Distilleries may make from time to time and the person so applying for the same shall together with two sureties to be approved by such Commissioner or Chief Inspector of Distilleries enter into a bond to Her Majesty in the sum of five hundred pounds conditioned that the person named in such license will not use such still or other apparatus or suffer the same to be used for any other purpose or purposes or in any other locality house or premises than that specified in such license.

11 Termination of license.

All licenses which may be granted under this Act shall continue in force until the thirty-first day of December next following the granting thereof and there shall be paid to the Commissioner of Customs or other person appointed to receive the same by the person obtaining such license in respect of every such license the sums respectively mentioned in the fifth Schedule of this Act and upon such payment and upon the production of a certificate from the Chief Inspector of Distilleries that all the requirements of this Act have been complied with such license shall forthwith issue to the person who shall be entitled to the same and all such sums of money shall go and be paid to the Consolidated Fund.

12 Renewal of licenses.

Every license granted under the provisions of this Act may be renewed annually upon the person applying for such renewal paying to the Commissioner of Customs or other person appointed to receive the same the sum required by this Act to be paid for the license which such person desires to renew and upon receipt of such sum by such Commissioner or other person as aforesaid and a certificate from the Chief Inspector of Distilleries that all the regulations of this or of any other Act in force for the time being relating to the distillation rectifying or compounding of spirits have been complied with Provided that if the person applying for such license shall have been convicted of any offence under this Act or under any Act in force for the time being relating to distillation or shall have forfeited any bond under any such Act it shall not be lawful for such Commissioner to grant such renewal of any former license and he is hereby expressly authorized and directed to refuse the same unless expressly required by the Governor in Council to issue such license.

13 Refusal or suspension of licenses.
Licenses may be revoked if distillery does not make 5,000 gallons of spirits per year.

It shall be lawful for the Commissioner of Customs to refuse to grant or to renew any license under this Act or to suspend or annul any such license upon proof being given to the satisfaction of such Commissioner that the provisions and requirements of this Act or any of them have been contravened or have not been fulfilled or that the Chief Inspector of Distilleries or any other officer appointed under this Act has been obstructed or prevented from performing any part of his duty by the person applying for or holding such license or renewal thereof or by any person acting under his authority or by his direction or where from the local situation of a distillery (the license for which is required to be granted or renewed) in respect of any brewery vinegar manufactory or manufactory of cordials in the making of which spirits are used or of any store or house in which spirits are sold either by wholesale or retail it may appear to such Commissioner inexpedient to grant such license It shall also be lawful for the Commissioner of Customs to suspend and annul or to refuse to renew except on such conditions as he may think fit any license granted under this Act for making or distilling spirits if the person holding or applying for the same shall fail to distil or make five thousand gallons of proof spirits during any one year’s continuance of such license.

14 Certain licenses to become void in certain cases.

It shall not be lawful for any person who shall be the owner or part owner or who has any interest or share in a distillery or in any premises or concerns used for rectifying or compounding spirits nor for any medical practitioner or chemist licensed to use a still nor for any person licensed to use a still for scientific or other purposes to have or to hold a license to retail spirituous or fermented liquors and in case any person who shall have obtained a license for the sale of fermented or spirituous liquors by retail shall after the obtaining of such license become the owner or part owner or have any share or interest in a licensed distillery or in any premises or concerns used for rectifying or compounding spirits such license so granted for the sale of fermented or spirituous liquors by retail shall thereupon become and be absolutely void and the party or parties continuing to sell spirituous liquors by retail after having become the owner or part owner of or after obtaining an interest or share in a licensed distillery or in any premises or concerns used for the rectifying or compounding of spirits may be prosecuted and convicted as a person selling fermented or spirituous liquors by retail without license Provided that nothing in this section contained shall apply to any retailer of fermented or spirituous liquor who may hold shares in any duly registered or incorporated company licensed to use a still or stills.

15 Distance between the premises of licensed persons and those of brewers.

It shall not be lawful for any person or persons who shall have obtained any such license as aforesaid or for any other person whatsoever to practise follow or use the trade or business of a brewer of ale porter beer or maker of cordials in the manufacture of which spirits are used within the premises on which there is a still for the distillation of spirits nor on any part thereof nor on any other place or premises within five hundred yards of the said premises on which there is a still for the distillation of spirits under a penalty of one hundred pounds Provided that the Commissioner of Customs may if he think fit grant permission in writing to any person as aforesaid to carry on the trade or business as aforesaid at a less distance from the premises on which there is a still for the distillation of spirits than five hundred yards upon satisfactory proof being given to him that the carrying on such trade or business at a less distance will not be conducive to any violation of the provisions of this or any Acts relating to the Revenue.

16 No other trades allowed on the premises.

No other business or work except that of a distiller or that of coopering or repairing casks cases or other vessels for the removal of spirits shall be carried on within the premises of a distiller under a penalty of twenty pounds except by the permission in writing of the Commissioner of Customs upon the certificate of the Chief Inspector of Distilleries or other officer acting on his behalf Provided always that it shall be lawful for the distiller to employ workmen for the necessary repairs or alterations of his premises and to have and keep a forge for the working of the iron required in such repairs or alterations.

17 Premises to be surrounded by a wall or fence.

No license to distill or to rectify and compound spirits shall be granted or renewed unless it be certified by the Chief Inspector of Distilleries or other person appointed under this Act that the premises within which the business of distillation is to be carried on are properly and sufficiently fenced walled or otherwise secured to his satisfaction.

18 Regulations as to windows in distilleries.

Every licensed distiller shall cause windows or convenient apertures to be made in every licensed distillery for the admission of sufficient light into every part thereof and no license shall be granted or renewed until it be certified by the Chief Inspector of Distilleries or other officer that sufficient light has been admitted into the building and every such licensed distiller shall cause lamps or lights to the satisfaction of the officer on duty to be lighted and kept burning at all hours between sunset and sunrise during such times as the distillery shall be in operation and any distiller who shall neglect to keep such lamps or lights burning as aforesaid shall be liable to a penalty of ten pounds.

19 Distillers to furnish officers on duty with assistance ladder and lights.

If on demand of any Inspector or other Officer of Distilleries made in the distillery registered storeroom or cellar or premises of a distiller rectifier or compounder strong safe and convenient ladders of sufficient length to enable the officer to ascend to and examine and gauge and descend from any vessel or utensil in such distillery or premises shall not be provided and conveniently and firmly placed or if any such ladder shall not be fixed at or in the part of such vessel or utensil where such officer shall require or if on a visit made by any officer by day or by night sufficient lights and aid shall not on demand be supplied for the purpose of enabling him to gauge or ascertain the content or capacity of any vessel or utensil or to search for and gauge and take an account of any wort wash low wines feints and spirits or of any materials which may be used for distillation in such distillery or premises or in the possession of the distiller rectifier or compounder the distiller rectifier or compounder shall forfeit the sum of one hundred pounds.

20 Rubbish &c. to be removed by distiller.

No rubbish shall be deposited upon the premises of any distillery and all materials required for the distillery shall be deposited in a building appropriated for the reception of the same as in this Act provided except coal and fuel and all coal or fuel shall be so placed as not to obstruct the view of the premises and all rubbish and any materials including coal or fuel which may in any way obstruct the view of the officers or conceal from view any part of the process going on in the distillery shall be removed by and at the expense of the distiller by order of any Inspector of Distilleries and be placed beyond the premises of the distillery and if any distiller shall neglect to conform to the provisions of this clause or fail forthwith to remove any such rubbish or materials including coal or fuel as aforesaid when required so to do by any Inspector of Distilleries he shall be liable to a penalty of twenty pounds for every such offence.

21 Office for inspector.

Upon the premises of every distillery there shall be an office fit and proper for the safe custody of the Government books accounts and instruments and convenient for the accommodation of the officer on duty and upon obtaining his license the distiller shall deliver the key and give over possession of the said office to the Chief Inspector of Distilleries and the said distiller shall thereby relinquish all right to the occupancy of the said office so long as he shall hold a license or there shall remain in the certified and registered store of the premises for which the license is granted any spirits upon which the duty has not been paid and any distiller failing to comply with the provisions of this clause shall be liable to a penalty of one hundred pounds and every distiller licensed as aforesaid for any distillery not being situated in a town or city or within one mile thereof shall provide (if required so to do by the Commissioner of Customs or Chief Inspector of Distilleries) fit and proper lodgings or rooms for the residence of the officer or officers who may from time to time be placed in charge of such distillery at some convenient situation to be approved of by the Chief Inspector of Distilleries but not forming any part of the distillery or of the dwelling house in which the distiller shall reside and at reasonable cost not exceeding fifty pounds per annum And if any person so licensed shall refuse or neglect to provide such lodgings as aforesaid or shall not maintain them in proper repair or shall interrupt or annoy the officer in the proper use or enjoyment thereof it shall be lawful for the Commissioner of Customs to suspend revoke or annul the license so granted under the provisions of this Act and during the period of such suspension as well as after such revocation the license shall be deemed to be no longer in force.

22 A proper spirit store to be provided in every distillery.

There shall be a proper spirit store in every distillery for keeping and securing the spirits distilled thereat and such spirit store shall be a secure room cellar or place approved by the Commissioner of Customs and provided with proper fastenings bars and locks for the purpose of locking up and securing the same to the satisfaction of the Chief Inspector of Distilleries or other person appointed under this Act and shall be kept locked up by the proper officer in charge at all times except when he shall be in attendance The vats or vessels in such store shall be elevated at least two feet from the ground and be so placed that the whole exterior surface of each shall be open to inspection and the Commissioner of Customs may refuse to grant a license to keep a still for the distilling of spirits to any person until he shall have provided in his distillery a proper store with vats approved as aforesaid and may also suspend or revoke any license granted to any distiller unless and until he shall have provided such store and fixed proper fastenings for securing the same in manner aforesaid.

23 Spirit cellar or storeroom to be registered.

A particular description of the cellar or storeroom for the reception of spirits when distilled shall be made and registered by the Chief Inspector of Distilleries in the form set forth in the sixth Schedule to this Act or in words to the like effect and kept by him with the other records of his office and all spirits found in any place on the premises except in the said cellar or storeroom so registered or in the vessels or utensils and in the manner hereinafter provided shall be forfeited and may be seized by any Inspector of Distilleries and the distiller on proof of spirits being found in any other place or part of the premises shall be liable to a penalty of forty shillings for every gallon of spirits so found.

24 Provisions of Act to be complied with before license renewed.
Additional vessels or pipes may be used on certain conditions.

No license to distill spirits except as in this Act provided shall be granted or renewed unless it be certified by the Chief Inspector of Distilleries or other officer appointed for the purpose that the several vessels hereinafter enumerated and described are erected on the premises for which a license is sought to be obtained and that the provisions hereinafter expressed with regard to their arrangement have been complied with and every person applying for such license shall erect and keep the several vessels hereinafter enumerated and in the manner and for the purposes hereinafter described that is to say— One vessel to be called a wash charger one other vessel to be called a low wines receiver one other vessel to be called a low wines charger one other vessel to be called a feints charger two other vessels to be called feints receivers and one other vessel to be called a spirits receiver Provided always that it shall be lawful for a distiller to have one intermediate still charger in connexion with each charger And should any additional utensil vessel or pipe be found necessary to the more economical or better working of the distillery the Commissioner of Customs may permit the same to be used on receiving a certificate from the Chief Inspector of Distilleries that in his opinion such additional utensil vessel or pipe cannot be applied to the detriment of the Revenue.

25 Description of wash charger.
Low wines receiver. Feints receiver. Low wines and feints charger. Spirit receiver.

Every such wash charger as aforesaid shall be a close-covered vessel the capacity or content of which shall not be less than half that of the largest fermenting wash back and every such wash charger shall be connected with the wash stills by one close metal pipe with a branch to each still having a cock or cocks thereon one end of which pipe shall be fixed into the bottom of such wash charger and the end of each branch shall be fixed into such still and to such wash charger there shall be one other close metal pipe having a cock thereon one end of which pipe shall be fixed into the pipe or trough communicating with the fermenting wash backs and the other end of such pipe shall be fixed into such wash charger and such wash charger shall not have any communication with any other vessel or utensil whatever except with the feints receiver and every such low wines receiver as aforesaid shall be a close-covered vessel with a pump or pipe fixed thereto for the conveyance of low wines from such receiver into the low wines and feints charger and there shall be one close metal pipe externally visible for its whole length attached to and leading directly from the safe at the end of the worm of the wash still and fixed to every such low wines receiver so that all low wines running into such pipe from such safe shall immediately be discharged therefrom into such low wines receiver which receiver shall be of sufficient capacity to contain the entire running and produce of low wines from the largest wash back and shall not have any communication with any vessel or utensil whatsoever except as aforesaid and every such feints receiver as aforesaid shall be a close-covered vessel with a pump or pipe fixed therein for the conveyance of feints from such receiver into the low wines and feints charger and there shall be one close metal pipe externally visible for the whole length attached to and leading directly from the safe at the end of the worm of the low wines or spirit still and fixed into every such feints receiver so that all feints running into such pipe from such safe shall immediately be discharged therefrom into such feints receiver which receiver shall not have any communication with any vessel or utensil whatsoever except as aforesaid and every such low wines and feints charger as aforesaid shall be a close-covered vessel connected with the low wines or spirit still by a close metal pipe having a cock or cocks thereon one end of which pipe shall be fixed into the bottom of such charger and the other end shall be fixed into such still and each such charger shall have communication with the low wines and feints receivers respectively by means of close metal pipes one end whereof respectively shall be fixed to each such charger and the other end whereof shall be attached to the pump or pumps pipe or pipes to be fixed as aforesaid to the low wines receiver and feints receiver respectively and such charger shall not have any communication with any other vessel or utensil whatsoever except as aforesaid and every such spirit receiver as aforesaid shall be a close-covered vessel with a pump or pipe fixed thereto for the conveyance of spirits from such receiver into the spirit vats in the certified and registered store for the reception of spirits and there shall be one close metal pipe externally visible for the whole length attached to and leading directly from the safe at the end of the worm of the spirit still and fixed into such spirit receiver in such manner as that all spirits running therein from such safe shall run directly and be discharged therefrom into such spirit receiver without resting in the said pipe and every intermediate still charger (if such vessel be used) shall be a close-covered vessel and shall be so constructed as to have no hole or opening therein nor any communication with any other vessel or utensil whatever except one fixed entrance pipe with a cock thereon leading from any such wash charger or low wines and feints charger and one fixed discharge pipe with a cock thereon leading from such still charger to any such still and that each and every such charger and receiver shall be erected and kept in a convenient and public situation in the stillhouse or to the approbation of the Chief Inspector of Distilleries and exposed to open view and easy of access and inspection on all parts thereof and that each such charger and receiver respectively shall have a sufficient cover thereon with a rectangular dipping hole cut in such cover not more nor less than an inch square and in which dipping hole there shall be placed a dipping rod to be provided by the distiller and if any charger or receiver shall be made use of in any distillery which shall not be erected kept and constructed in manner herein directed or which shall have any hole therein except a trap door in the cover thereof properly secured by the officer and a dipping hole as aforesaid or if any pipe or cock as aforesaid shall be made use of which shall not be placed kept and constructed in manner herein directed or if there be any communication with any other vessel or utensil whatsoever other than as by this Act is required authorized and allowed then and in every such case such distiller shall forfeit and pay the sum of two hundred pounds and also the sum of twenty pounds for every day during which such charger or receiver or pipe or cock not strictly in accordance with the provisions of this Act shall remain in the distillery of such distiller.

26 Return of gauges.

Every distiller or rectifier and compounder of spirits shall immediately on obtaining his license or a renewal thereof or not later than the seventh day thereafter furnish to the Chief Inspector of Distilleries a return in writing signed by him of every tun back charger still receiver vat or other vessel or utensil on the premises in respect of which he may be licensed which return shall also set forth a correct statement of the content in imperial gallons in each and every vessel or utensil as above enumerated as well as the number of imperial gallons that every inch of the height thereof is respectively capable of containing and in respect of vessels intended to contain spirits the number of imperial gallons that every inch and tenth of an inch of the height thereof are respectively capable of containing and such return shall not be held to be a lawful return until it shall have been verified by actual admeasurement and countersigned by two Inspectors of Distilleries and the said return so furnished shall be kept and registered by the Chief Inspector of Distilleries and vessels or utensils found on the said premises which shall not be stated and mentioned in the said return shall be liable to be seized by any Inspector of Distilleries or other person appointed as aforesaid and any distiller who shall commence the operation of making or brewing worts or any rectifier who shall rectify any spirits before the provisions herein contained shall have been complied with shall be liable to a penalty of one hundred pounds Provided that the Chief Inspector of Distilleries may upon sufficient reason being assigned permit a regauge of such vessels to be made and the result of such regauge upon being verified as aforesaid shall be taken to be the true contents of such vessels so regauged and which re-measurements shall be registered as aforesaid.

27 Underground pipes to be enclosed in wooden cases.

Where any pipe or tube used in any distillery shall pass below the ground such pipe or tube shall be enclosed in a wooden case so constructed as to admit of its being opened and the pipe or tube exposed to view at the demand of any Inspector of Distilleries and any distiller who shall fail to comply with the provisions herein contained shall be liable to a penalty of two hundred pounds.

28 Ends of tail pipes to be secured.

The end of every tail pipe belonging to every still of every distiller or rectifier or compounder of spirits shall be enclosed and secured at the expense of the distiller or rectifier or compounder of spirits in such manner and by such mechanism and means as the Chief Inspector of Distilleries may direct and all spirits low wines and feints running from such tail pipe shall run into a safe enclosed and secured in manner as aforesaid and shall be thence conveyed by a pipe open externally to the inspection of the officers for its whole length into the spirits receiver or low wines or feints receiver or receivers as the case may be and if upon demand by the Chief Inspector of Distilleries the end of every such tail pipe shall not be secured by such mechanism and means as shall be so directed or if the whole of the spirits low wines and feints coming from any such tail pipe shall not be run into such safe so enclosed and secured as aforesaid or if such spirits low wines and feints respectively and every part thereof shall not be conveyed from such safe into the spirits receiver or low wines or feints receiver or receivers as the case may be directly and by such pipe as aforesaid or if on the demand of the proper officer all the expenses incurred by providing and repairing or altering such mechanism or means of enclosing the end of such tail pipe and safe as aforesaid shall not be paid by or on behalf of such distiller or rectifier to such officer or if such mechanism and means of enclosing the end of such tail pipe and safe as aforesaid shall not be affixed and kept and preserved affixed as aforesaid or if at any time after the end of any such tail pipe and any such safe may have been enclosed and secured as aforesaid the mechanism or means by which the same shall be so enclosed and secured as aforesaid or any part thereof shall be destroyed or injured or if by any art or contrivance any access shall be gained or had without notice to and except with the knowledge and in the presence of an Inspector of Distilleries to any spirits low wines or feints from the time of the extraction or distillation thereof until the same have been taken account of by the proper officer in the proper receiver or receivers or if the officer shall be in any manner hindered prevented from or obstructed in the taking a true account of any spirits low wines or feints in any vessel whatsoever then and in every such case the distiller shall for every such offence be liable to a penalty of two hundred pounds.

29 Discharge cocks of the fermenting back.

Every distiller shall provide and fix to the satisfaction of the Chief Inspector of Distilleries a proper discharge cock or plug and plug hole in every fermenting wash back through which cock or plug hole the wash in such wash back shall from time to time be conveyed by a main pipe or open trough into the wash charger and such main pipe or trough shall be placed and fixed in such manner that all wash or liquor put therein shall forthwith run and be discharged from thence into such wash charger and not elsewhere except by a sewer cock fixed on such main pipe and properly secured and fastened and there shall not be any other pipe or conveyance entering into or passing out of any such wash fermenting back except the pipe or trough for conveying wort into such fermenting back from the coolers and if such discharge cock or plug shall not be provided and fixed as aforesaid or if such main pipe or open trough shall not be placed and fixed as aforesaid or if there shall be any other pipe conveyance or cock to or from any fermenting back except as aforesaid then and in every such case such distiller shall be liable to a penalty of two hundred pounds Provided always that nothing herein contained shall prevent any distiller from placing any close metal pipe or pipes in but not opening into any wash back for the purpose of conveying through such back hot or cold air or water for the purpose of promoting or retarding the fermentation of the worts or wash contained in such back.

30 Pipes &c. to be staunch.

The pipes troughs sluices or cocks for the conveyance of worts into the fermenting backs of every distillery shall be secure and staunch so that there shall be no leakage therefrom and any distiller who shall fail to repair and make secure and staunch any such pipe trough sluice or cock within twenty-four hours after receiving notice in writing to that effect from the officer on duty shall be liable to a penalty of one hundred pounds.

31 Construction of cocks.

Every cock kept or used by a distiller rectifier or compounder shall be constructed in such manner as shall be from to time directed or approved by the Commissioner of Customs on pain of his forfeiting the sum of fifty pounds for every such cock which shall be otherwise constructed.

32 Utensils &c. to be kept in repair.

Every distiller or rectifier shall at his own expense and charge provide maintain and keep in repair the several utensils cocks pumps pipes and troughs which are required by this Act and shall also provide maintain and keep in good repair and at his own expense and charge proper and sufficient locks and fastenings to the satisfaction of the Chief Inspector of Distilleries or other officer appointed under this Act for securing the several cocks and plugs required by this Act to be secured and for securing the covers of or belonging to the chargers and receivers hereinbefore mentioned respectively and also for securing the furnace doors pumps safes pipes vessels and utensils permitted allowed or required for the purposes mentioned in this Act and shall paint or cause to be legibly painted and shall keep or cause to be kept so painted upon some conspicuous part of every fixed utensil intended to be used in the distillery of such distiller or rectifier and on the outside of the door of every store apartment or place wherein any part of the business of such distillery is to be carried on or wherein any materials for distilling or rectifying spirits are to be kept or stored or any spirits are to be kept or stored separate numbers relating to each and every such utensil store apartment or place in arithmetical progression beginning with number one together with the name of such utensil store apartment or place according to the purpose for which the same is intended to be used and which numbers shall correspond with the plan hereinbefore required to be furnished and every distiller or rectifier failing herein shall be liable to a penalty of one hundred pounds.

33 Dipping holes.

At or near the top of every fermenting wash back and at or near the top of every charger or receiver and of every vat for storing or keeping spirits in the premises of any distiller there shall be an opening or dipping place at which the officer may conveniently take his dip or gauge of the contents of such vessel and all such backs and vessels respectively shall be placed and kept in convenient situations and shall be at all times easy of access to the officer for his more readily and effectually inspecting and examining them in every part and taking the dip or gauge thereof and if in any such back or vessel there shall not be such opening or dipping place so constructed and secured as aforesaid or if any such back or vessel shall not be placed and kept in a convenient situation and easy of access to the officer as aforesaid or if the officer shall at any time by any means whatever or in any manner whatever be prevented from ascertaining the quantity and gravity or either of them of any wort or wash or the quantity or strength of any low wines feints or spirits then and in every such case such distiller offending therein shall be liable to a penalty of two hundred pounds.

34 Vessels &c. not to be altered.

If the size situation or position of any vessel utensil or pipe shall be in any manner altered at any time after such return or plan thereof as is required by this Act shall have been made or given unless on such notice as is herein provided then in each and every such case such distiller or rectifier offending therein shall be liable to a penalty of two hundred pounds Provided that it shall and may be lawful upon the Chief Inspector of Distilleries certifying to the Commissioner of Customs that such alterations or additions will not in his opinion tend to the detriment of the Revenue for such distiller or rectifier to alter the size situation or position of any such vessel or utensil or pipe or to erect and set up any new vessel utensil or pipe on receiving permission in writing from the Chief Inspector of Distilleries to make such intended alteration specifying the particular vessel utensil or pipe and the size situation or position which is intended to be altered and making return of such new vessel utensil or pipe in manner hereinbefore mentioned.

35 Notice book.

The Chief Inspector of Distilleries shall provide a book to be called a Notice Book to be kept in every distillery or rectifying establishment by the distiller or rectifier as the case may be or by their servants and before any notice or declaration by this Act required to be given or delivered shall be so given or delivered an entry shall be made in such book stating the particulars of all such notices and declarations and such book shall at all times on demand be delivered to an Inspector of Distilleries at the distillery or rectifying establishment and if any distiller or rectifier or any person on his behalf to whom any such book shall be tendered shall refuse to receive the same or if the particulars of all such notices or declarations respectively shall not be inserted in such book or if any untrue entry shall he made therein or if such book or any entry therein shall be defaced obliterated or altered by any such distiller or rectifier or by any person employed in the distillery or rectifying establishment or if such book shall not at any time be delivered to any Inspector of Distilleries on his demanding the same then and in every such case such distiller or rectifier shall be liable to a penalty of two hundred pounds.

36 Entries on notice book how to be effectual.

Any notice or declaration which shall be given or served by or on behalf of any distiller or rectifier upon any person upon whom the same ought to be given or served shall according to the true intent and meaning of such notice and declaration be taken to be good and effectual as against such distiller and rectifier although such notice or declaration shall not be in the form or shall not contain the several particulars or shall not he given or served on the person within the time by this Act prescribed or appointed for giving or receiving the same and upon the trial of any information or other proceeding relating to or in any manner touching or concerning any such notice or declaration it shall not be competent to or for such distiller or rectifier to allege any imperfection or defect in any such notice or declaration or in giving or serving the same.

37 What material may be used in making wort.

In the brewing or making of wort or wash for the distillation of spirits a licensed distiller may use any material whatever provided the wort or wash produced therefrom be capable of having the gravity thereof ascertained by any saccharometer approved of by the Commissioner of Customs for that purpose.

38 Notice of mashing.

From and after the passing of this Act it shall not be lawful for any distiller to commence mashing without having first served a written notice of at least sixteen hours on the officer on duty specifying therein the back or backs which he intends to set up and the kind of material and the weight thereof which he intends to use during the twenty-four hours next following on the expiration of the said sixteen hours and similar notice shall be given from day to day of every such mashing and if any such distiller shall commence mashing without having given such notice he shall be liable to a penalty of one hundred pounds Provided that for every day after the first day a notice of at least six hours shall be sufficient instead of sixteen.

39 As to yeast and spent wash.

It shall not be lawful for any distiller to add to the worts contained in any fermenting back any composition for exciting fermentation except after having served one hour’s notice thereof to the officer on duty and in the presence of such officer and in any quantity not exceeding the proportion of ten gallons of any such composition to one hundred gallons of any such worts and any distiller offending against the provision herein contained shall be liable to a penalty of two hundred pounds Provided that at any time before the declaration of the specific gravity first hereinafter mentioned it shall be lawful for the distiller to make use of spent wash in the preparation of worts.

40 Notice of setting up backs.

Before any worts shall be conveyed from the cooler into any fermenting back or backs the distiller shall give notice thereof to the officer on duty which notice shall specify the back or backs which are intended to be filled or set up and any distiller failing herein shall be liable to a penalty of fifty pounds.

41 Declaration of the highest specific gravity &c.

Immediately on the conveyance and collection into any fermenting back or backs of the whole of the worts intended to be fermented in such back or backs the distiller or his servant shall deliver to the officer on duty a declaration specifying the number of the back or backs into which such wort shall have been conveyed and the specific gravity of such wort in such back or backs and the quantity thereof that is to say the number of inches not occupied or wetted by the worts being the space between the upper edge on the dipping place of such back or backs and the surface of the worts and if any worts shall be conveyed into and collected in any fermenting back or backs in any other manner than as is herein directed or if any untrue declaration shall be given or if such declaration shall not be given as is herein required then and in every such case the distiller shall be liable to a penalty of two hundred pounds.

42 Increase of specific gravity or quantity.

If at any time beyond six hours after any such declaration as aforesaid shall have been delivered the specific gravity of any such worts or wash shall be found to exceed the specific gravity specified in such declaration by five per centum or if the quantity of any such worts or wash shall be found to exceed by five per centum the quantity of wort mentioned in such declaration as the quantity collected as aforesaid then and in every such case the distiller shall he liable to a penalty of two hundred pounds.

43 And proceedings therein.

If at any time after any Inspector of Distilleries shall have taken an account of and ascertained the specific gravity and quantity of any wort or wash in any fermenting back any wort shall be found in such back or any wash in process of fermentation shall be found in such back which shall exceed in gravity by five per centum or more the wort or wash in such back of which such account had been taken or which shall exceed in quantity by five per centum or more the wort or wash in such fermenting back of which such account had been previously taken all such wort or wash in such back shall be considered as new wort or wash and not included in any former charge against the distiller in whose possession such wort or wash shall be found and such distiller shall be charged with duty in respect of the whole wort or wash in such back in like manner as such distiller is by this Act chargeable in respect of any wort or wash not before charged and the wort or wash of which such account had been previously taken in such back shall be deemed to be distilled or decreased and the distiller shall be charged for a quantity of spirits in respect of such wort or wash so deemed to be distilled or decreased in like manner as such distiller is chargeable under this Act for any wort or wash actually distilled or decreased and such distiller shall also for every such offence be liable to a penalty of two hundred pounds.

44 Course of wash through the different vessels.

All wash which shall be made in the distillery of any distiller shall be fermented in the fermenting wash backs of such distiller and shall be conveyed directly from thence into the wash charger and shall be conveyed from such charger into the wash still there to be made or distilled into low wine and all low wines shall be conveyed directly from the safe at the worm end of the still into the low wines receiver and shall from thence be pumped up or conveyed into the low wines charger and shall be conveyed directly from such charger or chargers into the low wines or spirits still there to be re-distilled and all feints or spirits produced by such re-distillation shall be conveyed directly from the safe at the worm end of the low wines or spirit still into the feints receiver or spirits receiver respectively and so much of such feints as shall be conveyed into such feints receiver or receivers shall be pumped or conveyed directly from thence into the low wines charger or feints charger and shall be conveyed directly from such charger or chargers into the low wines still to be re-distilled and the produce of the last-mentioned re-distillation and of every other re-distillation shall in like manner be conveyed directly from the safe at the worm end of the low wines or spirits still into the spirits receiver or into the feints receiver or receivers and no feints conveyed into such feints receiver or receivers shall in any case be removed from thence except by pumping or conveying such feints into the low wines or feints charger or chargers from whence such feints shall be conveyed directly into the low wines still or stills for re-distillation until the whole of such feints shall be made into spirits and conveyed and run into the spirit receiver and no spirits conveyed into the spirit receiver shall be re-distilled or shall be removed from such receiver except into the vat or vats in the said registered store for the reception of spirits and if any distiller shall ferment or suffer to be fermented any wash or shall remove or distill or suffer to be removed or distilled any wash low wines feints or spirits contrary or otherwise than according to the directions and provisions herein contained or shall not convey and run the whole of the spirits made or distilled by him into the spirit receiver such wash low wines feints and spirits respectively together with all vessels and utensils wherein the same may be contained shall be forfeited and may be seized by any Inspector of Distilleries and the distiller so offending shall in every case be liable to a penalty of two hundred pounds or twenty shillings for every gallon of such wash low wines feints or spirits so removed or distilled and not conveyed and run into the spirit receiver at the election of the Chief Inspector of Distilleries or person who shall inform or sue for the same.

45 Regulations for production of spirits without previous production of low wines.

If any licensed distiller shall make use of any apparatus for distilling by means of which spirits are capable of being produced without the previous or intermediate production of low wines then the spirits so made shall be conveyed direct from the condensing chamber or safe by means of a close metal pipe into the receiver and from thence conveyed by means of a close metal pipe fixed in the bottom of such receiver and leading into the vat or vats which shall be placed in the spirit cellar or storeroom hereinbefore mentioned.

46 Impure spirits may be redistilled.

If at any time it shall be made to appear to the satisfaction of the Chief Inspector of Distilleries that any spirits distilled have become impure from having passed through pipes or vessels which have become foul it shall be lawful for such Chief Inspector by writing under his hand to permit the re-distillation of such impure spirits and to make an allowance for loss arising from such re-distillation Provided that in no case shall such allowance exceed two per centum on the number of gallons of spirits delivered out of the cellar or storeroom hereinbefore mentioned for such re-distillation.

47 Wash charger to be cleaned out.

If the wash charger in any distillery be not thoroughly cleaned out when required so to be done by notice from the Chief Inspector of Distilleries the licensed distiller shall be liable to a penalty of fifty pounds.

48 Notice of charging the wash charger.

One hour before any wash shall be conveyed from any fermenting wash back in the distillery of any licensed distiller a notice in writing shall be given to the officer on duty by such distiller or by any person on his behalf in which notice shall be stated the number of the back in which such wash is contained the specific gravity of such wash and the day and hour when such wash is to be removed and such officer shall attend at the time specified in such notice and after he shall have locked the charging cock of the wash charger he shall remove all such fastenings as to prevent the conveyance of such wash from any back mentioned in such notice into the wash charger and thereupon all the wash which shall be contained in such fermenting wash back shall be conveyed into such charger in manner hereinbefore prescribed and such officer after having affixed and secured the fastenings which he had so removed shall be at liberty and is hereby authorized to take an account of the true quantity and specific gravity thereof in the wash charger and shall thereupon unlock the charging cock aforesaid and if any wash shall be removed before such notice shall have been given or shall be removed or conveyed from any other back or at any other time or manner than shall have been mentioned in such notice or before the officer on duty shall have locked removed or secured respectively such cocks or fastenings as before mentioned and taken account of the true quantity of the wash in such charger such distiller shall in every such case be liable to a penalty of two hundred pounds.

49 Officer may lock coverings &c.

It shall and may be lawful for any Inspector of Distilleries on duty at any distillery to lock secure and fasten the several coverings fastenings furnace door cocks safes pipes pumps plugs troughs vessels and utensils for which fastenings are required to be provided in such manner as the Chief Inspector of Distilleries may direct as aforesaid and to keep the same and each and every of them so locked secured and fastened at all times except when they shall be opened unfastened or unlocked by or in the presence of any Inspector as aforesaid.

50 Officer may empty worm tubs.

Whenever any Inspector or Other officer of Distilleries shall require that the water contained in any worm tub belonging to any still at any time when such still shall not be at work shall be drawn or run off and the tub and worm cleaned by the distiller or rectifier his servants or workmen if the water shall not be so drawn or run off at the request of such officer and the tub and worm forthwith cleaned and the water kept and continued out of such worm and tub for the space of two hours or until the officer has finished his inspection and examination of such tub and the worm therein the distiller or rectifier at whose distillery such worm tub shall be situated shall be liable to a penalty of two hundred pounds and it shall be lawful for such officer to draw or run off and keep drawn or run off such water or so much thereof and for so long a time as he shall think necessary.

51 Officer may distil a sample.

It shall and may be lawful for any officer and he is hereby authorized and empowered to take and convey away from any wash back or charger in the distillery of any distiller a sample not exceeding the quantity of twenty gallons of the wash contained in such back or charger and to cause such sample of wash to be distilled into low wines in any still provided for that purpose by the sanction of the Commissioner of Customs and such officer shall gauge or measure the quantity and ascertain the strength of the low wines produced by the distillation of such wash Provided that such distiller shall be paid for any such sample of wash at the rate of six pence for every gallon thereof or that the produce by distillation of any such sample of wash shall be returned to the distiller at the option of the Chief Inspector of Distilleries.

52 Officer may take samples and make trials.

It shall be lawful for any Inspector of Distilleries from time to time and whenever and as often as such Inspector shall deem expedient so to do to take any sample or samples of any wort wash low wines feints and spirits respectively in any back still receiver charger or other vessel or utensil whatsoever in the distillery of any distiller in order that such officer may ascertain the specific gravity or strength of such worts wash low wines feints and spirits respectively and from such part of any such back still receiver charger or other vessel or utensil as the officer shall think proper and the specific gravity or strength of any such sample so taken shall be and be held to be the true and correct specific gravity or strength of the whole contents of the back still receiver charger or other vessel or utensil from which any such sample shall be so taken Provided that before any such sample shall be so taken all the liquor contained in any such back still receiver charger or other vessel or utensil may be stirred and mixed up and mixed together by such distiller or any person in the employ of such distiller if he shall think fit so to do.

53 Chief Inspector may erect a still.

It shall be lawful for the Chief Inspector to erect and keep a still in any distillery or in any place sanctioned by the Commissioner of Customs for the purpose of distilling any such sample of wash as aforesaid and also for the purpose of distilling into spirits any wash low wines or feints seized by any Inspector of Distilleries at any unlicensed distillery or for carrying on experiments.

54 Chief Inspector may superintend the distillation of a charge of wash.

It shall lawful for the Chief Inspector of Distilleries or for any Inspector of Distilleries at any time to require that any low wines receiver in the distillery of any distiller shall be emptied and cleaned out and that any quantity of wash shall be conveyed into any wash still in the distillery of such distiller and from any such wash back as such officer shall direct or require in order that such wash may be forthwith distilled into low wines and all persons in the employ of such distiller shall on reasonable notice give and provide aid and assistance and fuel to such officer at his request in distilling such wash into low wines and in conveying the whole of such low wines directly into such low wines receiver which shall be so cleaned out and such low wines shall be kept in such receiver unmixed with any matter or thing whatsoever until such officer shall have taken an account of the quantity and strength of such low wines and if such low wines receiver shall not be emptied and cleaned out or if such wash shall not be conveyed into such wash still or from such wash back as shall be required by such officer or if such aid and assistance and fuel shall not be given to such officer in the distilling such wash into low wines or in conveying the whole of such low wines into such receiver or if such low wines shall not be kept in such receiver unmixed as aforesaid until such officer shall have taken such account as aforesaid then and in every such case every such distiller shall for each default or offence be liable to a penalty of two hundred pounds.

55 Notice of distillation from wine ale &c. &c.

It shall not be lawful for any distiller to have receive and to commence distilling from any wine ale beer or any fermented liquor whatsoever which shall not have been brewed or made in his distillery without first having served a written notice of at least two days on the Chief Inspector of Distilleries or the officer on duty of his intention so to do which notice shall specify the description and quantity of such liquor as aforesaid which he intends to use in the twenty-four hours next following on the expiration of the said two days and a notice of six hours to the like effect shall be served on the officer on duty from day to day for every day after the first day and any distiller offending herein shall be liable to a penalty of two hundred pounds.

56 The produce from worts made on the premises not to be mixed with produce of liquor fermented elsewhere.

It shall not be lawful for any distiller to mix or suffer to be mixed in any charger still receiver or vat or in any vessel or utensil whatsoever any worts or wash made or fermented in his distillery or any low wines feints or spirits produced therefrom with any wine ale beer or any fermented liquor whatsoever which shall not have been fermented or made in his distillery or with any low wines feints or spirits produced therefrom and any distiller offending against the provisions of this enactment shall forfeit and pay the sum of two hundred pounds Provided that nothing herein contained shall be construed to prevent any licensed distiller from adding as hereinafter provided spirits made elsewhere for the purpose of imparting a flavour to any spirits made by such distiller.

57 Saccharometers.

Any saccharometers may be used for ascertaining the specific gravity of wort or wash under this Act which may from time to time be prescribed for that purpose by the Commissioner of Customs and every degree of specific gravity to be ascertained by any saccharometer under the provisions of this Act shall be calculated in the following manner (that is to say) distilled water being assumed as unity at the temperature of sixty degrees by Fahrenheit’s thermometer every degree of such specific gravity shall be correspondent to a thousandth part of the specific gravity of such water and all wort or wash shall for the purposes of this Act be deemed and be taken to be of the specific gravity at which the said saccharometer shall on the application thereof denote or indicate such wort or wash to be.

58 Hydrometer.

All spirits shall be deemed and be taken to be of the degree of strength indicated by the description of hydrometer usually known as Sykes’s hydrometer Provided that it shall be lawful for the Governor in Council by notice in the New Zealand Gazette to direct that the quantity of alcohol contained in any wines or spirits shall be ascertained by the instrument known as Field’s patent alcoholmeter or by any other improved instrument or by any other means which the Governor in Council shall in the manner above mentioned prescribe.

59 Distiller not to brew wort or use any still on Sunday or public holidays.

If any material capable of fermentation shall be brewed or mashed or if any still shall be made use of in the distillery of any distiller licensed under this Act at any time between the hour of eleven of the clock in the afternoon of any Saturday and the hour of one of the clock in the forenoon of the next succeeding Monday or on any duly proclaimed or legal holiday such distiller in each and every case shall be liable to a penalty of fifty pounds.

60 Rate of duty.

From and after the commencement of this Act there shall be paid levied and collected towards the Consolidated Revenue of the Colony upon every gallon of spirits that may be or has been distilled in the Colony from whatever material the same may be made or distilled a duty one-half of that charged for the time being upon a gallon of spirits imported into the Colony and such duties respectively shall be paid upon the gallon standard measure of spirits of the strength of proof by Sykes’s hydrometer and so in proportion for any greater strength than proof and also upon any deficiences ascertained in the manner hereinafter directed.

61 Modes of charging duty.

At the expiration of every month and not later than the tenth day of the month next thereafter ensuing a computation shall be made and a copy thereof served on the distiller by the Chief Inspector of Distilleries or by an Inspector of Distilleries—

1st. By quantity of spirits produced.

First. Of the quantity of spirits computed at proof made by the distiller during any such period of one month from worts or wash mashed fermented or made in his distillery together with the quantity of proof spirits in and equivalent to the low wines and feints remaining on hand at the termination of such period after making an allowance on such low wines and feints of not more than two and a half per centum and from the quantity so ascertained shall be deducted a quantity of proof spirits equivalent to that of the feints or low wines which may have remained on hand after making the allowance aforesaid at the end of the previous month and which may have been included in the account of spirits feints and low wines then taken.

2nd. By the produce as found in the low wines.

1.

Second. Of the quantity and strength of the low wines which have been produced from the distillation of the said worts or wash during such period and shall compute and ascertain the quantity of proof spirit in and equivalent to such low wines according to the strength and quantity thereof after making an allowance of not more than five per centum on such quantity.

3rd. Computation rateably with the attenuation.

1.

Third. Of the quantity of proof spirit which ought to have been produced from the worts or wash mashed fermented or made in the distillery of any distiller according to the rate hereinafter expressed after making an allowance on the quantity of spirits ascertained by such computation of not more than three per centum (that is to say) for and in respect of every one hundred gallons of worts or wash which shall be mashed fermented or made in the distillery of any distiller it shall be lawful to compute a quantity of proof spirit at the rate of one gallon of proof spirit for every five degrees of specific gravity which such worts or wash shall have been attenuated that is to say for every five degrees of difference between the highest specific gravity of such worts or wash as declared by the distiller pursuant to this Act or as appearing on any account taken thereof by the proper officer in the fermenting back or as ascertained and determined by the mode hereinbefore prescribed from any sample taken from a fermenting back or the wash charger and the lowest decreased specific gravity of such worts or wash as appearing in any account taken by the officer previously to the distillation thereof and such computation of proof spirit shall be made at the same rate and proportion of attenuation for any lesser quantity of such worts or wash and for any less decrease of specific gravity as the case may require and if by such computation it shall appear that the quantity of proof spirit produced by the distiller and conveyed into the registered store of the distillery and remaining on hand in low wines and feints as aforesaid during the said period be less than the quantity of proof spirit which ought to have been produced by the computation of low wines as aforesaid or from the worts or wash mashed fermented or made in the distillery during the same period according to the rate herein expressed then and in every such case the distiller shall pay duty upon the greatest amount of deficiency ascertained by such comparison

Provided that in cases where an apparatus is made use of by means of which spirits are capable of being produced without the previous or intermediate production of low wines then the distiller shall pay duty upon the deficiency found or ascertained by comparison of the first and third modes of computation as aforesaid.

62 Duty chargeable on deficiency.

Whenever any such deficiency shall be found to exist it shall not be lawful for any distiller after he shall have been served with a copy of such computation and before the production to the officer on duty of a certificate of the due payment of the full duty chargeable on such deficiency signed by the Collector of Customs or other officer appointed to receive the same either to commence the operation of mashing or to remove any spirits out of the registered cellar or storeroom and any distiller offending herein shall be liable to a penalty of two hundred pounds.

63 Regulations to facilitate monthly accounts.

Between the hours of ten o’clock in the night time of the last day of every month and six o’clock in the morning thereafter ensuing it shall not be lawful for any distiller to have or keep any feints low wines or spirits in any vessel in his distillery except in the chargers and in the vats in the registered cellar or storeroom for the reception of spirits nor to have or keep in any vessel any wort or wash the lowest specific gravity of which shall have been declared pursuant to this Act and any distiller offending herein shall be liable to a penalty of fifty pounds.

64 Distiller made chargeable according to the highest gauge.

Every distiller shall in respect of all worts or wash in his distillery be chargeable and charged according to the highest gauge of quantity which shall at any time be taken thereof and according to the highest amount of the specific gravity thereof at any time declared by such distiller or ascertained by any Inspector of Distilleries without any allowance for waste spent wash dregs yeast or other matter whatsoever and if any decrease more than five per centum shall take place in the quantity of wort or wash in the distillery of any distiller the amount of such decrease shall be deemed and taken to have been distilled by such distiller and such distiller shall be chargeable and charged with a quantity of spirit in proportion to the decrease of any such wort or wash according to the directions of this Act.

65 Spirits to be kept in vats only.

Within the registered cellar or storeroom for the reception of spirits the spirits shall be kept in vats only and not in casks except by direction or with the sanction of the Chief Inspector of Distilleries and no vat shall be erected in the said cellar or storeroom which is not capable of containing at least three hundred liquid gallons and every distiller who shall not comply with the enactments of this section shall be liable to a penalty of fifty pounds.

66 Change in form of utensils.

If at any time it shall be made to appear to the Commissioner of Customs that in any distilling apparatus used in any distillery any vessel or utensil is required of a character form and description different from those hereinbefore mentioned and that such vessel or utensil so required will not in any way be conducive to any evasion of the provisions of this Act it shall be lawful for such Commissioner upon the certificate of the Chief Inspector of Distilleries to permit the use of such vessels and utensils as if the same had been expressly authorized by this Act.

67 No sugar or syrup to be mixed with spirits.

It shall not be lawful to mix with nor add to any low wines feints or spirits on the premises of any distiller any sugar syrup or any glutinous or saccharine or other matter or thing whereby the gravity of such low wines feints or spirits shall be increased or so as to prevent the true strength thereof being ascertained by the hydrometer or other instrument as hereinbefore provided and if it shall at any time be found that any sugar syrup or other glutinous or saccharine or other matter shall be so mixed with or added to any low wines feints or spirits in the distillery of any distiller such distiller shall for every such offence be liable to a penalty of two hundred pounds and all low wines feints and spirits so mixed shall be forfeited and may be seized by any Inspector of Distilleries Provided that nothing herein contained shall be construed to prevent any distiller from mixing in the presence of the officer on duty any colouring matter approved of by the Commissioner of Customs or Chief Inspector of Distilleries with any spirits contained in a vat or vessel erected in the registered cellar or spirit room hereinbefore mentioned and such vat or vessel shall be twenty-five per centum of greater capacity than the spirit receiver and all such spirits so coloured shall within forty-eight hours from the time at which they have been pumped from the receiver be transferred into the spirit vat or vats and the said vat for colouring shall be subject to the provision hereinbefore mentioned as to the clearing out of vessels once in every month and in all cases in which the provisions of this section shall be strictly complied with to the satisfaction of the Chief Inspector of Distilleries it shall be lawful for him to make an allowance not exceeding three per centum on the number of gallons of proof spirit transferred into the colouring vat for the purpose of being coloured for any deficiency which shall arise in consequence of the introduction of such colouring matter.

68 Limitation of hours for drawing off spirits.

Except in cases of re-weighing no spirits shall be drawn out of the vat or vats hereinbefore mentioned except between the hours of eight in the forenoon and four in the afternoon and in the presence of the officer on duty and if any distiller shall draw off any spirits at any other time or in the absence of such officer such distiller shall be liable to a penalty of one hundred pounds.

69 Stock account to be kept.

The proper officer shall keep a true account by way of debtor and creditor of the stock of spirits in the registered store of every distiller licensed under this Act and shall in such account debit such stock with the full quantity of spirits computed at proof which shall be from time to time conveyed into such stock and credit the same with the full quantity of spirits computed at proof which shall be from time to time sent out of such stock and at the expiration of every month such officer shall ascertain the actual quantity or stock of spirits which shall then be in the registered cellar or storeroom of the distillery for the purpose of balancing the said accounts and if at any time the quantity of spirits in such registered cellar or storeroom shall be less than the quantity of spirits which by the stock accounts kept by such officer ought to be in the stock and in the possession of such distiller every such distiller shall be liable to a penalty of ten shillings for every gallon which shall be so deficient Provided that independently of the allowance made or to be made for colouring as hereinbefore mentioned no distiller shall be liable to such penalty in any case in which such decrease or deficiency shall not exceed three per centum on the balance left at the last monthly taking of stock and on the quantity of proof spirits brought into stock since last monthly taking of stock Provided also that if any decrease or deficiency shall arise greater than that which is hereinbefore authorized to be allowed for colouring together with the three per centum hereinbefore authorized to be allowed on the credit of such monthly stock account then no allowance except that for colouring shall be made unless such distiller shall prove to the satisfaction of the Chief Inspector of Distilleries or other officer acting on his behalf that such decrease or deficiency arose from leakage absorption fire unusual evaporation or other cause over which such distiller had no control and not from any fraud or culpable negligence.

70 Limitation in the size of casks.

No cask or vessel of any kind shall be admitted into the registered cellar or storeroom for the reception of spirit for the purpose of being filled from any of the said vats which shall not be capable of containing at least ten imperial gallons and no cask or vessel of any kind after having been filled from the said vats or from any of them shall remain in the said store more than forty-eight hours and if the duty due on the spirits contained in any such casks or vessels be not paid within forty-eight hours or if the said casks or vessels be not removed within the same forty-eight hours the contents of the said casks or vessels shall be returned into the vat or vats and the casks or vessels placed outside of the said cellar or storeroom and any distiller who shall keep any such cask or vessel more than forty-eight hours within such store or who shall refuse or fail to return the contents of such cask or vessel into the vat or vats as herein enacted shall be liable to a penalty of fifty pounds Provided that nothing herein contained shall prevent such distiller from keeping any cask or vessel longer than forty-eight hours within such cellar or storeroom upon receiving permission in writing from the Chief Inspector of Distilleries so to do.

71 The true content to be marked on movable casks also name of distiller and place where his stock is kept.

Every distiller rectifier and compounder respectively shall cause to be legibly cut branded or painted with oil colour on the outside of both of the heads or ends of every rolling or movable cask used in his distillery or premises for keeping or delivering out spirits and shall at all times keep so cut branded or painted thereon his name or firm and the name of the place where his stock is kept and also the full and true number of gallons and when the number is less than eighty gallons any quarter or quarters of gallons over and above any number of entire gallons which any such cask shall be capable of containing and if any cask which shall be used for any purpose aforesaid shall not have so cut branded or painted thereon the several particulars aforesaid according to the directions of this Act such cask together with any spirits contained therein shall be forfeited.

72 Allowance where spirits are destroyed by fire &c.

In case any spirits worts or wash shall be destroyed by fire or other inevitable accident the Chief Inspector of Distilleries shall certify to the Commissioner of Customs that such fire or other accident has taken place together with the cause thereof so far as the same can be ascertained and that such fire or other accident has arisen without any default of the distiller in which case no duty shall be demanded of or paid by such distiller on any spirits or worts or wash so destroyed neither shall any duty be demanded or paid for or in respect of any spirits worts or wash lost by the leakage or bilging of any vessel and in case of any such loss as aforesaid it shall not be lawful for any distiller to maintain any action or suit against any officer or person whatsoever acting under authority of this Act or of any Act which may hereafter be in force respecting the distillation of spirits or the regulation of distilleries for any compensation or damage for or on account of such loss.

73 Certificate of payment of duty.

All duties chargeable on spirits distilled within the Colony of New Zealand or on any deficiency appearing on monthly computation as aforesaid shall be paid to such person or persons as the Governor shall appoint to receive the same who shall grant a certificate of such payment to the party paying the same and such certificate shall be delivered to the Chief Inspector of Distilleries and be by him filed in his office.

74 Property on premises liable for duties in arrear or for penalties incurred.

All worts wash low wines feints and spirits and all materials preparations utensils and vessels for the making thereof in the custody or possession of any such distiller or in the custody or possession of any person or persons in trust for him or into whose hands soever the same shall come and by what conveyance or title soever the same shall be claimed shall be subject and liable to and the same are hereby made chargeable with all the duties in arrear or owing from time to time from or by any such distiller and shall also be subject and liable to all penalties and forfeitures incurred by such distiller for any offence or offences by him committed against this or any other Act which may hereafter be in force relating to distillation and it shall be lawful in all such cases to levy thereupon such duties penalties and forfeitures and use such proceedings for the recovery or enforcement thereof as might lawfully be done in case the debtors or offenders were the true and lawful owners of such worts wash low wines feints and spirits materials preparations utensils and vessels Provided that when the same shall come into the hands or possession of any third person or persons by any bonâ fide sale and delivery made before any such duties have been charged or become chargeable upon or any such penalties or forfeitures have been incurred by the distiller or distillers by whom the same respectively shall have been so sold and delivered as aforesaid no such worts wash low wines feints or spirits materials preparations vessels or utensils shall be subject or liable to or be made chargeable with such duties penalties or forfeitures as herein mentioned.

75 Permits for the removal of spirits.

It shall not be lawful to send take or remove any spirits out of the premises of any distiller except between the hours of nine in the forenoon and five in the afternoon and without having a permit to remove the same signed by an Inspector of Distilleries or other officer appointed under this Act such permit to contain the distiller’s name and the place from whence such spirits are to be removed the vessel or vessels in which such spirits are contained and the quantity of spirits contained in each and every such vessel or vessels and the name and residence of the person or persons to whom such spirits are to be delivered or forwarded and such permit shall also specify the time or duration such permit is to be in force Provided that such permit shall not be granted by the inspector of distilleries or other officer appointed as aforesaid for the removal of any spirits which shall not have been previously lodged and deposited in the registered cellar or storeroom and provided that at the time such permit is required the distiller or other person requiring such permit shall give to such Inspector of Distilleries or other officer aforesaid the certificate of the said Collector of Customs or other person appointed as aforesaid that the duty upon such spirits intended to be removed has been duly paid or that due entry thereof has been made in manner hereinafter provided.

76 Spirits removed without permit may be seized.

All spirits removed from the premises of any distiller without a permit as aforesaid or after the time authorized by this Act shall have expired shall be seized and forfeited together with the cask or casks in which the same shall be contained and the cars carts drays or other conveyances and the horses or other animals employed in removing the same.

77 Officers may stop persons removing spirits and examine permits.

It shall be lawful for any Inspector of Distilleries Officer of Customs Police Constable or other person appointed as aforesaid to stop and detain any person who shall be found removing or carrying any spirits of any kind from the premises of any distiller and to demand the production of the permit or permits as aforesaid accompanying such spirits and on being satisfied that the spirits are the same in quantity quality sort or kind and strength as expressed in such permit or permits and that the duty payable by law in respect thereof has been paid or secured to be paid for the same such officer shall endorse on such permit or permits the time hour and place of such examination and shall sign his name thereto and if any person so found removing or carrying away such spirits which are by law required to be accompanied with a permit shall refuse to produce such permit or permits as aforesaid immediately on being required so to do by any officer for the purposes aforesaid or shall be found removing or carrying any such spirits without a lawful permit every such person shall for every such offence be liable to a penalty of one hundred pounds and it shall be lawful for such officer and he is hereby authorized empowered and required to stop arrest and detain every such person and to convey the said person before one or more of Her Majesty’s Justices of the Peace residing near to the place where any such person shall be so stopped or arrested and it shall be lawful for such Justice or Justices of the Peace and he and they is and are hereby required and shall have full power and authority to hear and determine in a summary way any information against any such person so stopped or arrested under the provisions of this Act and on the confession of any such person or upon proof on oath by one or more credible witness or witnesses to convict such person in such penalty as aforesaid.

78 Unlawful permits.

Every permit used for any purpose whatever other than to accompany the removal and delivery of the spirits for which such permit was obtained and granted and at the time limited and to the place expressed in such permit shall be deemed and taken to be an unlawful permit.

79 Distance between duty-paid spirit store and distillery.

It shall not be lawful for any distiller or any agent of any distiller to have keep or make use of any store for the sale of duty-paid spirits at any place nearer to any part of the premises of any distillery than five hundred yards and every distiller or agent of any distiller offending against the provisions of this enactment shall be liable to a penalty of two hundred pounds.

80 Mode of ascertaining quantity of spirits by weighing.

For the purpose of ascertaining the quantity of spirits contained in any cask or vessel by weighing the same the table annexed in the seventh Schedule of this Act shall be used in connection with Sykes’s hydrometer and the number of pounds and decimal parts of pounds corresponding to the indication by Sykes’s hydrometer of the spirits so weighed shall be deemed to be weight in pounds and decimal parts of pounds contained in one liquid gallon of such spirits And the net weight in pounds of such spirits divided by the weight contained in one gallon of the spirits so weighed shall be the number of liquid gallons and fractional parts of a liquid gallon contained in such cask or vessel of spirits in the store of any distiller and such distiller shall cause to be cut branded or painted in oil paint on the outside of the head of such cask or vessel the tare or weight in pounds of such cask when empty And any distiller failing or neglecting to have such tare legibly cut branded or painted in oil paint on the outside of the head of such cask or vessel shall for every offence be liable to a penalty of five pounds And for the purpose of weighing such spirits every distiller or rectifier shall provide sufficient and just scales and weights or weighing apparatus to be approved of by the Chief Inspector of Distilleries and a set of standard measures for the purpose of weighing measuring and taking an account of the spirits distilled by such distiller and of any cask or vessel used for the purpose of containing spirits and such distiller or rectifier shall maintain and keep such scales weights and measures conveniently placed in his distillery and at all times ready for use and shall permit and suffer any Inspector of Distilleries to use the same for the purpose aforesaid and if any distiller or rectifier shall not provide keep and maintain such scales and weights or weighing apparatus and measures as aforesaid or shall refuse to permit any Inspector of Distilleries to use the same as aforesaid or shall use or cause or procure or suffer to be used any false unjust or insufficient scales weights or measures or shall practise any art device or contrivance by which any such Inspector of Distilleries may be hindered or prevented from taking the just or true weight or measure of such spirits or any cask or vessel used for the purpose of containing spirits then and in every such case such distiller or rectifier shall forfeit and pay the sum of fifty pounds And all such false or insufficient scales weights weighing apparatus and measures respectively may be seized by an Inspector of Distilleries and shall be forfeited Provided that it shall be lawful for the Chief Inspector of Distilleries or any officer acting under him to ascertain the quantity of spirits contained in any cask or vessel by measurement or gauging as the case may require.

81 Regulations for removal of spirits.

It shall be lawful for the Commissioner of Customs to grant permission for the removal of spirits in such quantities and under such regulations as he may from time to time direct from any bonding warehouse to the registered cellars and storeroom of any distiller for the purpose of being mixed with and imparting a flavour to the spirits distilled by such distiller and the spirits so received and intermixed shall be subject to such allowance for natural waste as if distilled in such distillery Provided that if the spirits so required to be removed from a bonding warehouse be for intermixture with spirits distilled and vatted for exportation then no duty shall be chargeable on such spirits so removed but if for intermixture with spirits distilled and vatted for home consumption then if the duty on imported spirits be greater than that payable on Colonial distilled spirits the difference of such rates of duty shall be paid on every proof gallon and fraction of gallon of such spirits before removal from such bonding warehouse to such cellars or store of such distiller.

82 Warehousing of spirits.

It shall be lawful for the Commissioner of Customs to grant permission to any distiller to deposit in a warehouse (erected on the premises of such distiller and approved of by such Commissioner of Customs and under such regulations as he may from time to time make) spirits from the registered cellar or storeroom of his distillery without payment of duty thereon and such spirits and no other shall be secured under the locks of the Crown in such bonding warehouse and in respect of deficiencies arising on spirits so warehoused such abatement and allowance shall be made as may be sanctioned by the Commissioner of Customs Provided that all spirits so warehoused if not removed from such warehouse within the period of three years shall at the expiration of that time be examined by the proper officer and the duty upon any difference or deficiency between the quantity ascertained on being first warehoused and the quantity found to exist at such examination shall subject to such allowance as may be sanctioned as aforesaid be paid down and the quantity so found shall be re-warehoused in the same manner as at first.

83 Appointment of bonded warehouses.

It shall be lawful for the Commissioner of Customs under such regulations and conditions as he may approve to appoint any other warehouse or warehouses for the purpose of lodging under bond any spirits distilled under the provisions of this Act without the payment of duty and the spirits so lodged shall be subject with respect to removal regauging and leakage to such regulations as the Commissioner of Customs may approve.

84 Spirits may be repacked in bonded warehouse.

With the sanction of the Chief Inspector of Distilleries and after such notice given by the respective proprietors and at such times and under such regulations as the Commissioner of Customs shall from time to time require and direct it shall be lawful in any such bonded warehouse to sort separate pack and repack any such spirits as aforesaid and to make such lawful alterations therein as may be necessary for the preservation sale shipment or legal disposal thereof and also to take such samples of the same as may be allowed by the Commissioner of Customs with or without entry and with or without payment of duty except as the same may eventually become payable as on a deficiency of the original quantity.

85 Entry to be made before removal.

Before any spirits shall be removed from the registered cellar or storeroom of any distiller or from the bonded store erected as aforesaid on the premises of such distiller or any other bonded warehouse appointed under this Act to any bonded warehouse under the supervision of the Customs an entry of the same in the usual and proper form for warehousing goods under bond shall be passed at the Custom House and the person entering the same shall give security by bond in double the amount of duty which would be payable thereon if taken out of the said store or bonded warehouse aforesaid for home consumption with one sufficient surety to be approved of by the collector or other Chief Officer of Customs that the said spirits shall be warehoused to the satisfaction of the said Collector or other Chief Officer of Customs or any remover may enter into general bond with such sureties in such amount and under such conditions as the Commissioner of Customs may approve for the removal from time to time of any spirits as aforesaid and thereupon the said Collector or other Chief Officer of Customs shall grant a warrant for the removal of such spirits from the said registered store or bonding warehouse to the bonding warehouse named in the warrant and upon the delivery of the warrant aforesaid to the officer on duty at the distillery such officer shall deliver the spirits therein described to be conveyed to such bonding warehouse under such regulations and conditions as may be approved of by the Commissioner of Customs.

86 Spirits &c. may be removed from Customs warehouses to distillery store to be rectified.

It shall be lawful for the Commissioner of Customs if he shall think fit under such rules and regulations and subject to such conditions as he may make in that behalf to permit any spirits wine beer or other spirituous or fermented liquor lodged or deposited in any bonded warehouse under the control of the Customs to be removed to the cellar or storeroom or bonded warehouse of any licensed distiller for the purpose of being distilled or rectified in bond or of being methylated under the supervision of an officer or officers appointed under this Act.

87 Spirits may be used for varnishes.

It shall be lawful for the Commissioner of Customs by writing under his hand to permit spirits lodged in any bonding warehouse as aforesaid to be used for the purpose of dissolving resins and gums for varnishes and other like manufacturing purposes for which methylated spirits are used and required and for that purpose such spirits so to be used shall be mixed with wood naphtha in such quantities and of such quality as such Commissioner shall direct so that such spirits so methylated shall be rendered wholly unfit for human consumption and such spirits so methylated may be delivered out of such bonding warehouse without payment of duty Provided that the process of mixing hereinbefore mentioned shall be performed under the supervision and in the presence of an officer appointed to superintend the same.

88 Spirits may be removed to any Colonial port under bond.

Spirits warehoused as aforesaid being first duly entered at the Custom House may be delivered under the authority of the Collector or other Chief Officer of Customs without payment of duty for the purpose of removal to any port within the boundaries of the Colony under bond to the satisfaction of the said Collector or other Chief Officer of Customs for the due arrival of such goods at such port and for the payment of the duty payable thereon upon being landed to the officer appointed to receive the same or for the safe deposit of the same in some duly approved bonded warehouse at such port.

89 Spirits may be exported.

It shall be lawful to export spirits distilled in the Colony to parts beyond the seas without payment of duty.

90 Spirits may be exported under bond.

Before any spirits distilled in the Colony and deposited in any bonding warehouse shall be so exported to places beyond the boundaries of the Colony without payment of duty the person exporting the same shall pass an entry outwards at the Custom House in the usual manner and shall enter into bond in double the amount of duty which would be payable thereon if entered for home consumption with one sufficient surety to be approved of by the Collector or other Chief Officer of Customs that the same shall be landed at the place for which they shall be entered outwards or be otherwise accounted for to the satisfaction of the said Collector or other Chief Officer of Customs.

91 Mode of proceeding where spirits are entered for home consumption or for exportation.

When any spirits deposited in any bonding warehouse or warehouses appointed under this Act are required for home consumption for exportation or for ships’ stores the distiller shall procure from the inspector of distilleries or other officer on duty at and in charge of such store a certificate on which shall be written the distinguishing mark or number of each cask also the number of proof gallons in each cask so required for home consumption for exportation or for ships’ stores as the case may be and thereupon such distiller shall present such certificate to the Collector or other Chief Officer of Customs and shall make entry and pay duty thereon if such spirits be required for home consumption or make entry and enter into the necessary bond if such spirits be required for exportation and the said Collector shall thereupon grant a warrant for the due delivery of the spirits in the manner and form as is required in the case of imported spirits when delivering from a bonded warehouse and each warrant on being delivered to the officer on duty at and in charge of said store shall be a sufficient order for the delivery of the spirits mentioned therein.

92 Duties how to be paid.

All duties on spirits distilled in the Colony and deposited in other bonding warehouses under the supervision of the Collector of Customs shall be paid to the Collector of Customs in the same manner and under the same regulations as for imported spirits in bond Provided that in places where there is no Collector of Customs the duties on spirits distilled in the Colony as aforesaid shall be paid to such other officer as the Governor in Council may appoint to receive the same in the same manner and under the same regulations as if paid to a Collector of Customs.

93 Returns of spirits distilled to be published.

Within three months of the thirty-first day of December in every year after the coming into operation of this Act the Commissioner of Customs shall cause returns to be made and published in the New Zealand Gazette specifying the number of imperial gallons of spirits distilled in the Colony received into all bonding warehouses during the previous year the number of imperial gallons of such spirits cleared and taken out of such warehouses for home consumption and for exportation respectively and the number of imperial gallons of such spirits remaining in such warehouses on the thirty-first day of December in each year.

94 Rectifier’s receiver to be certified.

No license for the rectifying and compounding of spirits shall be granted or renewed unless it be certified to the Commissioner of Customs by the Chief Inspector of Distilleries that there is erected in connection with the stills or distilling apparatus for which such license is sought to be obtained at least one receiver which shall be a close-covered vessel provided with the means of being secured by locks and fastenings to his satisfaction and such certificate shall also certify that the provisions of this Act have been complied with.

95 Bond to be entered into.

Before any such license for the rectifying and compounding of spirits shall be granted or renewed the person applying for the same shall together with two good and sufficient sureties to be approved of by the Commissioner of Customs or Chief Inspector of Distilleries enter into a bond to Her Majesty in the sum of five hundred pounds conditioned for the due and faithful observance of the provisions of this Act and of any Act which may hereafter be in force respecting the distilling rectifying and compounding of spirits.

96 Rectifiers not to keep worts &c. on their premises.

If any rectifier shall have in his custody or possession any wort wash or any fermenting or fermented liquor or any materials prepared or fit for the purpose of being distilled or rectified into low wines or spirits or any material whatsoever capable of fermentation after admixture with water or otherwise not being spirits already and elsewhere made and distilled and on which the full duty for spirits has been already paid or any material whatsoever which may add to the alcohol contained in the quantity of spirits to be rectified then and in any such case such rectifier shall be liable to a penalty of not less than one hundred pounds nor more than five hundred pounds Provided that it shall be lawful for the Commissioner of Customs to permit spirits lodged in any bonded warehouse as aforesaid to be delivered without payment of duty for the purpose of being rectified or compounded in bond under such regulations as he may from time to time direct bond being first given by the rectifier together with two good and sufficient sureties to be approved of by the said Commissioner in double the amount of duty payable on such spirits that the full duty shall be paid on the true quantity of spirits which should be produced or the full quantity so rectified be deposited in a bonded warehouse within forty-eight hours from the completion of the process of rectifying which process of rectifying shall be commenced not later than twelve hours after delivery from the said bonded warehouse And if it shall be found that the quantity of spirits so rectified be less when computed at proof than the quantity delivered to be rectified as aforesaid after making an allowance of not more than two per centum on the spirits so delivered then the full duty on the deficiency so found shall immediately be paid by such rectifier or compounder to the officer appointed to receive the same or in default thereof such rectifier or compounder shall be liable to a penalty of double the amount of duty upon the said deficiency Provided that no sugar syrup or any glutinous or saccharine or other matter or thing whereby the gravity of such low wines feints or spirits shall be increased so as to prevent the true strength thereof being ascertained by the hydrometer be added until the quantity of proof gallons of spirits so rectified shall be ascertained and the deficiency if any computed and duty paid on such deficiency and without the permission in writing of the Chief Inspector of Distilleries nor until spirits so rectified as before mentioned shall have been reduced to liquid gallons at proof then all spirits so permitted to be sweetened or compounded shall be taken out and computed as spirits at proof and duty thereon paid accordingly or returned into a bonded warehouse.

97 Regulation of rectifier’s apparatus.

Every such rectifier shall provide sufficient fastenings and locks the keys of which shall be held by an officer in charge appointed under this Act for properly securing the furnace door or doors steam pipe or pipes or other openings into the rectifying still or stills or distilling apparatus so that when such locks and fastenings are on the still or stills or distilling apparatus cannot be worked and shall also provide to the satisfaction of the Chief Inspector of Distilleries any other locks or fastenings which in his opinion may be necessary for the protection of the Revenue and if any such rectifier shall refuse to provide and maintain such locks and fastenings as aforesaid or shall prevent or hinder the officer from affixing any lock or fastening as foresaid or if by any means device or contrivance whatsoever any lock seal or fastening shall be opened broken or removed by any rectifier or by any person in his employ or under his command at any time after the same shall have been locked made or secured by any Inspector of Distilleries or other duly appointed officer or if any such rectifier shall wilfully open break or damage or cause or suffer to be opened broken or damaged any of such locks seals or fastenings as aforesaid every such rectifier shall be liable to a penalty of two hundred pounds.

98 Rectifier to give notice of charging still.

It shall not be lawful for any rectifier of spirits to charge his still or to commence the rectifying of spirits without first giving notice to an Inspector of Distilleries either personally or at his usual place of abode or at such place as the Chief Inspector of Distilleries shall appoint of his intention so to do and such notice shall be given in writing at least twenty-four hours before such rectifier shall charge his still and shall contain full particulars of the description of spirits it is his intention to rectify and of the quantity and strength thereof and any rectifier who shall charge his still or commence to rectify spirits without first giving such notice shall be liable to a penalty of fifty pounds.

99 Quantity and strength of spirits in rectifier’s still to agree with the notice.

It shall be lawful for any Inspector of Distilleries at all times to ascertain the quantity and strength of the spirits contained in the still of any rectifier and to take an account thereof and if at the time specified in the notice as last aforesaid the quantity and strength of such spirits so ascertained and taken an account of by such officer shall be found not to agree with the quantity and strength as set forth by such rectifier in such notice as last aforesaid such rectifier shall be liable to a penalty of fifty pounds.

100 Regulation of the operation of rectifying.

Every such rectifier of spirits shall before beginning to run off any spirits from any still or stills or distilling apparatus charge the same or the charger therewith connected with a quantity of liquor in the proportion of not less than seven parts in ten of the whole quantity of liquor which any such still or stills exclusive of the head thereof or distilling apparatus is capable of containing or working and such still or stills or distilling apparatus shall remain and continue so charged until the rectifier shall begin to run off the spirits therefrom and such still or stills or distilling apparatus shall be worked off within twelve hours to be computed from the time of the officer taking the gauge thereof and if any rectifier shall begin to draw off any spirits from any such still or stills or distilling apparatus not so charged or shall not work off the same within the time herein limited such rectifier shall be liable to penalty of fifty pounds.

101 Officer may secure rectifier’s apparatus.

As soon as the still or stills or distilling apparatus of such rectifier shall have ceased to run it shall be lawful for any Inspector of Distilleries or other duly appointed officer to secure and lock the furnace door or doors steam pipe or pipes or other openings connected with such still or stills or distilling apparatus or other vessel attached thereto and to secure other vessels tubs pipes or openings as may be required for the protection of the Revenue in such manner as the Chief Inspector of Distilleries may direct.

102 Quantity of spirits produced by the rectifier not to exceed the quantity put into his still.

It shall be lawful for any inspector of distilleries to ascertain and take an account of the quantity and strength of the spirits rectified by any rectifier in pursuance of any such notice as aforesaid and if the number of gallons of proof spirit produced by each process of rectifying shall be found to exceed in any case the number of gallons of proof spirit as ascertained and taken an account of by any such officer in the still charger or other vessel of any such rectifier or if by any device or contrivance any such officer shall be prevented from ascertaining and taking a true account of the quantity and strength of any such spirit every such rectifier shall forfeit and pay the sum of one hundred pounds.

103 Seizure of materials for distillation.

It shall be lawful for any Inspector or other Officer of Distilleries Officer of Customs Officer of Police Police Constable or any person appointed by the Commissioner of Customs to seize any still stillhead worm or other apparatus or utensil whatsoever intended or suited for distilling or for any process of distillation found in any house building premises or place whatsoever unless the owner or occupier thereof shall hold and produce a valid license to distill or to rectify spirits or shall have otherwise complied with the regulations and provisions of any law in force for the time being relating to distillation and also to seize all materials capable of fermentation and all worts wash wine spirits and other chattel property of every kind or description whatsoever found in any such house building place or premises and all such articles or chattel property as aforesaid so seized as aforesaid shall be forfeited and disposed of in manner hereinafter provided.

104 Seizure of spirits.

It shall be lawful for any Inspector or other Officer of Distilleries Officer of Customs Officer of Police Police Constable or other person appointed as aforesaid to seize all or any spirits on which the full amount of duty chargeable shall not have been paid except as may be provided in this Act or any Act hereafter in force relating to the distillation of spirits in New Zealand or in any Act relating to Her Majesty’s Customs and all such spirits so seized shall be forfeited.

105 Proceedings under warrant.

In case any Inspector or other Officer of Distilleries Officer of Customs Officer of Police Police Constable or other person duly appointed as aforesaid shall have cause to suspect that any unlicensed still or any stillhead or worm or other apparatus or utensil whatsoever for distilling or intended or suited for distilling or for any process of distillation or any back or other vessel for making worts or wash or any worts or wash or other material preparing for distillation or any spirits upon which the full duty shall not have been paid is or are set up kept or concealed in any house building premises or place then and in such case upon information exhibited by such Inspector of Distilleries Officer of Customs or other person as aforesaid before any Justice of the Peace setting forth the ground of his suspicion it shall and may be lawful for such Justice of the Peace before whom such information shall have been exhibited if he shall judge it to be reasonable by warrant under his hand to authorize and empower such Inspector of Distilleries Officer of Customs or other person as aforesaid by day or by night (but if in the night-time then in the presence of a constable) to break open the doors or any part of such house building premises or place where he shall so know or suspect such unlicensed still or other things as before enumerated to be set up kept or concealed and to enter into such house or place and to seize all and every such still or other such things as aforesaid and also all goods and chattels of every kind or description whatsoever found within the precincts of such house building premises or place and either to detain and keep the same in the house building premises or place where found or to remove the same to the Queen’s warehouse or to the police office next to or most accessible from the place where the same shall be discovered and found or to any other place of security.

106 Under writ of assistance.
Officers may enter premises to search for stills.

In all cases in which it may not be deemed expedient to make seizures under the provisions of the section last hereinbefore enacted it shall be lawful for any Inspector or other Officer of Distilleries or Officer of Customs or other person appointed as aforesaid having reasonable grounds to believe that any unlicensed still or any stillhead worm or other apparatus or utensil whatsover for distilling or intended or suited for distilling or any process of distillation or any back or other vessel for making worts or wash or any worts or wash or other material preparing for distillation or any spirits upon which the fall duty shall not have been paid is or are set up kept or concealed in any house building premises or place then and in such case to enter into such house building premises or place with writ of assistance and search for and seize any such unlicensed still or other things as before enumerated and also all goods and chattels of every kind or description whatsoever found within such house or place and either to detain or keep the same in the house building premises or place where found or to remove the same to the Queen’s warehouse or to the police office nearest to or most accessible from the place where the same shall be discovered and found or to any other place of security and in case access is refused or denied by the proprietor or occupier of any such house building premises or place to any portion or part thereof or in the absence of the said proprietor or occupier it shall be lawful for such Inspector or other Officer of Distilleries Officer of Customs or other person appointed as aforesaid by day or by night (but if in the night then in the presence of a constable) to break open the door or any part of such house building premises or place where he shall know or suspect any such unlicensed still or other articles as before enumerated to be set up kept or concealed and all writs of assistance granted and issued under this Act shall continue and be in force until recalled by any judge of the Supreme Court.

107 Holding to bail before a judge.

It shall be lawful for any Inspector or other Officer of Distilleries or Officer of Customs or other person appointed as aforesaid to arrest or cause to be arrested and to take or cause to be taken before any Justice or Justices of the Peace as hereinafter provided or before one of the Judges of the Supreme Court any person whomsoever who shall have in his custody or possession or who shall keep or make use of any unlicensed still stillhead worm or other apparatus or utensil whatsoever intended or suited for distilling or for any process of distillation or who shall unlawfully make or shall be aiding assisting or otherwise concerned in unlawfully making any spirits or who shall knowingly supply the means or materials for establishing maintaining or working any unlicensed still or other apparatus as aforesaid or who shall carry convey or conceal or be aiding assisting or otherwise concerned in the carrying conveying or concealing of any spirits upon which the full duty shall not have been paid or who shall be found in any house building place or premises where such illicit distillation is carried on or in or upon whose house building place or premises shall be found any spirits upon which full duty shall not have been paid and such officer shall with as little delay as possible take or cause to be taken such person so arrested at his discretion before one of the Judges of the Supreme Court and upon proof being given on oath to the satisfaction of such Judge of the existence of a reasonable suspicion of the guilt of the person so arrested it shall and may be lawful for such Judge by order under his hand to direct the person so arrested to be held to bail in such sum as such Judge shall name to abide the event of an action information or other proceeding for the offence for which the said person shall have been arrested to be commenced within such time as the said Judge shall direct and in default of bail to commit such person to gaol to abide the event of the said action information or other proceeding as aforesaid and such bail shall be subject to the same rules as bail in actions is subject to.

108 Before a Justice of the Peace.

It shall be lawful for any Inspector or other Officer of Distilleries or Officer of Customs Officer of Police Police Constable or other person appointed as aforesaid to arrest or cause to be arrested and to take or cause to be taken before any Justice or Justices of the Peace to be dealt with according to law any person whomsoever who shall have in his custody or possession or who shall keep or make use of any unlicensed still stillhead worm or other apparatus or utensil whatsoever intended or suited for distilling or for any process of distillation or who shall unlawfully make or shall be aiding assisting or otherwise concerned in making unlawfully any spirits or who shall knowingly supply the means or materials for establishing maintaining or working any unlicensed still or other apparatus as aforesaid or who shall knowingly carry convey or conceal or be aiding assisting or otherwise concerned in the carrying conveying or concealing of any spirits upon which the full duty shall not have been paid or who shall be found in any house or premises where such illicit distillation is carried on or upon whose building place or premises shall he found any spirits upon which the full duty shall not have been paid.

109 Detainer of parties.

When any person shall have been arrested by any Inspector or other Officer of Distilleries Officer of Customs Officer of Police Police Constable or other person appointed as aforesaid and taken before any Justice or Justices of the Peace if it shall appear to such Justice or Justices that there is reasonable cause to detain such person such Justice or Justices may order such person to be detained without warrant a reasonable time and at the expiration of such time to be dealt with according to law.

110 Subsequent arrest of parties escaping.

If any person so liable to be arrested as aforesaid shall not be arrested at the time of committing the offence for which he is liable to be arrested or after arrest shall make his escape it shall and may be lawful for any Inspector or other Officer of Distilleries Officer of Customs Officer of Police or other person appointed as aforesaid or for any Constable to arrest such person so liable to arrest as aforesaid at any time afterwards and to take him before any Judge of the Supreme Court or Justice or Justices of the Peace to be dealt with as aforesaid.

111 Keeping unlicensed still &c.
Offender giving evidence in certain cases to be free from penalties.

No person shall have in his possession or on his premises or shall make use of any still utensil or apparatus for distilling or rectifying and compounding spirits without first having obtained a license for keeping or using the same and every person who shall have in his possession or custody or upon whose house building place or premises shall be found any unlicensed still or any stillhead or worm or other apparatus or utensil whatsoever intended or suited for distilling or for any process of distillation or who shall unlawfully make or who shall be aiding assisting or otherwise concerned in unlawfully making any spirits or who shall knowingly supply the means or materials for establishing maintaining or working any unlicensed still or other apparatus as aforesaid or who shall knowingly carry convey or conceal or be aiding assisting or otherwise concerned in the carrying conveying or concealing or upon whose house building place or premises shall be found any spirits upon which the full duty shall not have been paid or any person who shall have any interest in or derive any profit from such unlicensed still stillhead worm or other apparatus or utensil intended or suited for distilling or for any process of distillation or any spirits upon which the full duty shall not have been paid or who shall be found in any house building place or premises where such illicit distillation shall be carried on shall be liable to a penalty of not more than five hundred pounds nor less than fifty pounds or at the discretion of such Justice or Justices to imprisonment with or without hard labour for a period of not less than six months nor more than two years and every such unlicensed still stillhead worm or other apparatus and all such spirits shall be forfeited Provided that on the commission of any offence under this Act either of the offending parties who shall first discover and inform against the other or others of such offending parties before any information or complaint has been lodged against such informing party for such offence shall upon conviction of the person or persons against whom such information shall be given be discharged and acquitted from all penalties to which at the time of such information given such informing party may be liable for and by reason of any such offence committed by such informing party and that the evidence of such informing party shall on any trial at law touching such offence be admitted to prove the facts thereof or relating thereto Provided also that the Commissioner of Customs may under such regulations and conditions as he may approve permit in writing any chemist druggist or other person to have in his custody or possession for use in his trade or business or profession any metal glass or earthenware retort or apparatus for distilling the content and capacity of which shall be less than three gallons or for any brewer or other person to have or use a worm for cooling or heating purposes and such metal glass or earthenware retort apparatus or worm as aforesaid shall be registered at the office of the Chief Inspector of Distilleries and such permission may be withdrawn at any time upon it being made to appear to the satisfaction of the Commissioner of Customs or Chief Inspector of Distilleries that such metal glass or earthenware retort apparatus or worm as aforesaid are being made use of for the purpose of avoiding any of the provisions of this Act or for defrauding the Revenue and any person or persons having in custody or possession or who shall make use of any such glass metal or earthenware retort or apparatus or worm as aforesaid without such permission or after such permission is withdrawn shall upon conviction be liable to a penalty of fifty pounds.

112 Penalty for selling illicit spirits.

Any person who shall knowingly sell or otherwise dispose of or shall knowingly permit the sale or disposal of or shall knowingly purchase any spirits upon which the full duty shall not have been paid such person shall upon conviction for any such offence be liable for a first offence to a penalty of fifty pounds or in default of payment to be imprisoned in any gaol for four months with hard labour and for a second and any subsequent offence to be imprisoned in any gaol for not less than six months nor more than twelve months with hard labour such penalties and terms of imprisonment to be irrespective of and in addition to the penalties imposed by any Acts or Ordinances which may at any time be in force respecting the sale of spirits by licensed publicans and if the offender above described shall hold a publican’s or other license for the sale of fermented or spirituous liquors such license shall on conviction be by the convicting Justices declared to be cancelled and annulled and the same shall thereupon become and be null and void to all intents and purposes and such person shall be incapable of obtaining any license as aforesaid for the term of five years after such conviction.

113 Officer may break up ground on the premises of a distiller.

It shall be lawful for any Inspector or other Officer of Distilleries or any person appointed under this Act or any person acting in aid of such Inspector or person by night or by day to break up any ground in any part of the distillery or premises of any distiller or brewer or any ground near to or adjoining such distillery or brewery or through any wall or partition thereof or belonging thereto or search for any pipe or cock or any private conveyance or utensil and upon finding any such pipe or conveyance leading therefrom or thereto to break up the ground house wall or other place through or into which such pipe or other conveyance shall lead and break up or cut away any such pipe cock or other conveyance and to turn any cock or cocks and to examine whether such pipe or other conveyance may or can convey or conceal any wort wash or other liquor fit for distillation or low wines feints or spirits from the sight or view of the officer so as to hinder or prevent him from taking or keeping a true account thereof.

114 Officer may enter premises and seize spirits.

It shall be lawful for any Inspector or other Officer of Distilleries or other person appointed as hereinbefore mentioned to enter into and upon the premises of any distiller or rectifier of spirits brewer publican wine and spirit merchant or other premises licensed or used for the sale or deposit of spirits beer or wine to search for and seize any spirits the duty on which has not been paid and which may be kept or concealed thereon in any manner contrary to the provisions of this Act.

115 License for making or repairing stills.

It shall be lawful for the Commissioner of Customs upon such conditions and terms as he may think fit to grant licenses under this Act to coppersmiths or other persons for the manufacture alteration repair or sale of stills stillheads worms or other apparatus intended or suited for the process of distillation and any person who shall make alter repair or keep for sale any still stillhead worm or other apparatus intended or suited for the process of distillation without first having obtained a license as aforesaid or who having obtained a license shall fail to give notice in writing to the Chief Inspector of Distilleries of his intention to make alter or repair any stills stillhead worm or other apparatus as aforesaid and of the name and residence of the person or persons for whom such still stillhead worm or other apparatus as aforesaid is to be made altered or repaired or the purchaser thereof or any person who shall land out of any ship or vessel any still stillhead worm or other apparatus as aforesaid without having first given notice thereof in writing to the Chief Inspector of Distilleries (such notice shall set forth the number of gallons which such still or apparatus is capable of containing or making) shall be liable to a penalty not exceeding fifty pounds.

116 Notice of selling stills.

It shall not be lawful for any person to sell any still stillhead worm or other apparatus or utensil for distilling whatsoever either separately or as part of any house building premises or place in which any still shall have been erected without having given notice in writing to the Chief Inspector of Distilleries of the name and residence of the purchaser thereof and also the number of gallons which such still is capable of containing.

117 Notice of setting up stills.

It shall not be lawful for any person to erect and set up any still stillhead worm or other apparatus whatsoever intended or suited for any process of distillation or for heating or cooling purposes in any brewery without having first given notice in writing to the Chief Inspector of Distilleries of his intention so to do which notice shall also set forth the number of gallons which such still is capable of containing the name and residence of the owner thereof the place in which it is intended to erect and set up the same and the purpose for which such still stillhead worm or other apparatus whatsoever as aforesaid is to be used and every person who shall erect and set up any still stillhead worm or other apparatus whatsoever as aforesaid without having first given such notice as aforesaid or shall knowingly give an incorrect notice shall be liable to a penalty not exceeding five hundred pounds nor less than fifty pounds unless such person shall at the time hold a valid license under any Act in force for the time being relating to distillation.

118 Inspector may stop carts.

It shall be lawful for any Inspector or other Officer of Distilleries Officer of Customs Officer of Police Police Constable or other officer appointed under the provisions of this Act or other person acting in his or their aid or duly employed for the prevention of illicit distillation or smuggling upon reasonable suspicion to stop any cart dray or other vehicle whatsoever and to examine all goods carried thereon for the purpose of ascertaining whether any unlicensed still worm or other utensil or apparatus for distilling or rectifying or any spirits upon which the full duty has not been paid are contained or carried thereon without lawful permit and if no such goods shall be found then and in all such cases the Inspector or other person as aforesaid so stopping and examining such cart dray or other vehicle having had reasonable and probable cause to suspect that the goods as aforesaid were contained or carried thereon shall not on account of such stoppage and search be liable to any prosecution or action on account thereof and any person who shall obstruct or offer any hindrance to any such Inspector or other person as aforesaid in the performance of his duties shall be liable to a penalty not exceeding fifty pounds and should any unlicensed still worm or other utensil or apparatus for distilling or any spirits upon which the fall duty shall not have been paid be found without lawful permit in or on any such dray cart or other vehicle the same shall be forfeited together with the said dray cart or other vehicle and the horse or horses or other cattle drawing the same and the owner thereof shall be liable to a penalty of not less than twenty pounds nor more than one hundred pounds.

119 Penalty for stealing spirits from distillery or bonded warehouse or for breaking locks &c.

If any person shall illegally take any spirits out of any bonded warehouse or any registered store distillery or premises appointed or licensed under this Act for the storing or deposit of spirits or who shall aid or assist or be concerned therein or wilfully destroy or embezzle any spirits deposited in such bonded warehouse registered store distillery or other premises as aforesaid or shall clandestinely open any lock or other fastenings which shall have been placed upon any doors vessels or pipes by direction of the Chief or other Inspector of Distilleries in accordance with any provision of this Act he shall be guilty of a misdemeanor and shall upon conviction suffer the punishment by law inflicted in case of misdemeanor and if sentenced to imprisonment such imprisonment may be with or without hard labour at the discretion of the Court.

120 Obstructing officer—penalty.

Any person who shall in any manner obstruct any officer appointed under the provisions of this Act or any person acting on his behalf in the execution of any of their duties or in the due seizing of any goods liable to forfeiture under this Act or shall rescue or cause to be rescued or aid and abet in rescuing any goods or person who or which shall have been seized or arrested or shall attempt or endeavour so to do or shall before or at or after any seizure steal break or otherwise destroy any goods to prevent the seizure or securing thereof such person shall upon conviction of any of the said offences before any two Justices of the Peace be adjudged by such Justices to be imprisoned in any gaol with or without hard labour for any term not exceeding two years or at the discretion of such Justices for every such offence shall be liable to a penalty not exceeding one hundred pounds nor less than twenty pounds.

121 Assaulting or resisting officer—penalty.

If any person shall assault or by force or violence resist oppose molest hinder or obstruct any officer appointed under this Act or any person acting on his behalf every person so offending or aiding or abetting or assisting therein shall be adjudged guilty of felony and shall be liable at the discretion of the Court before which he shall be convicted to be imprisoned in any gaol with hard labour for any term not less than three months nor more than five years.

122 Allowance to be granted in case of officers being killed or wounded on service.

If any officer employed under this Act or in the service of the Excise shall be killed maimed wounded or in any way injured in the due execution of his office or if any person acting in his aid or assistance or duly employed for the prevention of smuggling or illicit distillation shall be so killed maimed wounded or in any way injured while so aiding such officer so employed the Governor in Council may make such provision for such officer or person or for the widows and families of such as shall be killed as may seem fit subject in each case to the approval of the General Assembly in its then next ensuing Session.

123 Bribes how punishable.

If any person shall give offer or promise to give any bribe recompense or reward or shall make or offer to make any collusive agreement with any Inspector of Distilleries Officer of Customs or other person appointed as aforesaid to induce him in any way to neglect his duty or to conceal or connive at any act whereby any of the provisions of this or any other Act now or hereafter in force relating to distillation may be evaded every such person so offending shall on conviction thereof be liable to a penalty not exceeding two hundred pounds whether such gift or offer shall be accepted or such promise performed or not and any Inspector of Distilleries Officer of Customs or other person appointed as aforesaid who shall directly or indirectly take or receive any bribe recompense or reward or shall in any way neglect his duty or conceal or connive at any act whereby any of the provisions of this or any other such Act as aforesaid may be evaded shall be liable to a penalty not exceeding two hundred pounds.

124 Onus of proof to be on claimant.

If any spirits or other property shall be seized or stopped for any cause of forfeiture and any dispute shall arise as to ownership or whether the duty has been paid for the same or if any suit or action shall be brought for any non-payment of license or other fee or duty under this Act the proof thereof shall be on the owner or claimant of such goods or upon the defendant in any suit for payment of license or other fees or duty and not on the officer who shall seize stop or sue for the same.

125 Registration of brewers.

Every person at present carrying on or who shall hereafter desire to carry on the trade or business of a brewer shall cause his name to be registered by the Collector of Customs if residing within five miles of any Custom House or by the Clerk of Petty Sessions or Clerk of the Resident Magistrate’s Court at the place nearest to the place where such business is or is to be carried on at which a Court of Petty Sessions is or shall be established or at the office of the Chief Inspector of Distilleries and shall also cause to be registered a particular description of the premises in which the business of brewing is to be carried on and such registration shall be renewed on the first day of January in every year not being a Sunday and shall be made in the form set forth in the eighth schedule of this Act and the said Collector of Customs or other officer as aforesaid shall give to every person registered as aforesaid a certificate in the form set forth in the ninth Schedule of this Act which certificates shall be produced to the Chief Inspector of Distilleries or other officer authorized by the Commissioner of Customs when the payment for the license fee hereinafter mentioned is made who shall thereupon grant to such brewer a license in the form set forth in the tenth schedule to this Act Provided that it shall be lawful for the Commissioner of Customs to refuse to allow a license to he granted to brew beer porter or ale on any premises in which from their local situation in respect to a distillery it shall appear to him inexpedient to allow such trade or business to be carried on.

126 Penalty for brewing without license.

If any person shall carry on the trade or business of a brewer without having registered or renewed the registration of his name and premises or procured a license as aforesaid every such person shall be to a penalty not less than ten pounds and not more than one hundred pounds and no registration shall be considered complete until the license fee as aforesaid shall have been paid to the Chief Inspector of Distilleries or other officer appointed to receive the same by the Commissioner of Customs.

127 Premises to be open for inspection.

All premises registered and licensed as aforesaid shall be open at all times to the inspection of an Inspector of Distilleries Officer of Customs or person appointed as aforesaid who shall respectively have power to enter into and search all such premises and the Commissioner of Customs may lawfully suspend or revoke the license of a brewer who shall be convicted of obstructing or preventing any officer or his assistant in or from entering into a brewery or any house outhouse store or other place whatsoever of such brewer for the purpose of such inspection as aforesaid.

128 Brewing and sale of spirits to be in distinct premises.

It shall not be lawful for any person engaged in the trade or business of a brewer to carry on the trade or business of a dealer in spirits either by wholesale or retail upon any premises registered or licensed as aforesaid for carrying on the business of brewing or on any premises situated within one hundred yards of the same under a penalty of fifty pounds.

129 Quantity of spirits kept by brewers.

All spirits found on the premises of any brewer registered and licensed as aforesaid beyond the quantity of six imperial gallons may be seized by any Inspector of Distilleries Officer of Customs or person appointed as aforesaid and shall be forfeited and for every gallon of spirits so seized such brewer shall be liable to a penalty of forty shillings.

130 Name painted on cart.

Every brewer registered and licensed as aforesaid shall cause his name to be painted legibly in letters not less than two inches in length upon every dray cart or other vehicle used for the purpose of his trade or business and every such brewer who shall fail to comply with the regulations herein contained shall be liable to a penalty not exceeding twenty pounds.

131 Use of deleterious drugs prohibited.

Any public brewer who shall use or cause or permit to be used in the brewing of any beer ale or porter or shall put into or mix therewith or the worts thereof respectively any cocculus indicus nux vomica tobacco tobacco-juice opium aloes faba amasa grains of paradise cannabis indicus or any extract decoction infusion or preparation thereof respectively or any other deleterious or poisonous matter or thing shall be liable on conviction to a penalty of two hundred pounds for the first offence and for the second or any subsequent offence shall be guilty of misdemeanor and upon conviction shall be liable to a fine not exceeding five hundred pounds and to be imprisoned for any period not exceeding two years with or without hard labour irrespective of any other penalties imposed by this Act and all such beer ale porter and worts shall be forfeited and may be seized by any Inspector of Distilleries or other authorized officer.

132 Penalty for having such drugs in brewer’s possession.

Any brewer or retailer of beer who shall have in his possession any cocculus indicus nux vomica tobacco tobacco-juice opium aloes faba amasa grains of paradise cannabis indicus or any extract decoction infusion or other preparation thereof respectively otherwise than for some medicinal or domestic purpose the proof of which shall lie on such brewer or retailer shall be liable to a penalty of fifty pounds and all such deleterious substances so found in the possession of such brewer or retailer of beer may be seized by any Inspector of Distilleries or other authorized officer and shall be forfeited.

133 Penalty for selling such drugs.

Any person who shall knowingly sell dispose of send or deliver to any brewer or retailer of beer ale or porter any cocculus indicus nux vomica tobacco tobacco-juice opium aloes faba amasa grains of paradise cannabis indicus or any extract decoction infusion or other preparation thereof respectively otherwise than for some medicinal purpose the proof whereof shall lie on the person so selling disposing of sending or delivering the same shall be liable to a penalty of fifty pounds.

134 Penalty for selling adulterated beer.

Any person who shall knowingly sell or dispose of or upon whose premises shall be found any spirits ale beer or porter in which shall be mixed any cocculus indicus nux vomica tobacco tobacco-juice opium aloes faba amasa grains of paradise cannabis indicus or any other deleterious or poisonous substance shall be liable to a penalty of fifty pounds.

135 Registration of spirit merchants.

It shall not be lawful for any person to sell spirits wine or fermented liquor upon which the duty shall have been paid and in quantities of two gallons or upwards unless holding a publican’s license without having first registered his name with the Collector of Customs if residing within five miles of any Custom House or the Clerk of the Resident Magistrate’s Court or Court of Petty Sessions nearest to the place of business of such person at which a Court is or shall be established or at an office of the Chief Inspector of Distilleries and also a particular description of the premises in which the sale of spirits shall be carried on and in which spirits shall be kept and stored and such registration shall be renewed on the first day in every year not being a Sunday and shall be made in the form set forth in the eighth Schedule of this Act And the said Collector of Customs Clerk of such Court or other officer shall give to every person registered as aforesaid a certificate in the form set forth in the ninth Schedule of this Act which certificate shall be presented to the Chief Inspector of Distilleries or other authorized officer when the payments of the license fee hereinafter mentioned is made and if any person shall carry on the business of a wine and spirit merchant without having completed the registration of his name and premises and procured a license as hereinafter directed he shall be liable to a penalty of not less than ten pounds or more than fifty pounds or at the option of the person suing for the same to a penalty not exceeding five pounds for every day that he shall fail or neglect to make such registration and procure such license.

136 Spirit merchant’s fee for registration.

Every wine and spirit merchant and every brewer who shall have so registered his name as aforesaid shall pay to the Chief Inspector of Distilleries or other person appointed by the Commissioner of Customs to receive the same annually a fee of one pound all which fees shall be payable on the first day in every year not being a Sunday and such registration as hereinbefore mentioned shall not be deemed to be complete until such fee shall have been duly paid to the said Chief Inspector of Distilleries or other person as aforesaid who shall thereupon grant to such person registered as aforesaid a license in the form set forth in the tenth Schedule to this Act Provided that the Chief Inspector of Distilleries or other person as aforesaid may refuse to grant a license to any person who may have at any time within three years of the application for such license as wine and spirit merchant or brewer been convicted of violating any of the provisions of this or any Act or Ordinance in force relating to the Excise or Customs or the vending of spirituous or fermented liquor by retail or may cancel and annul such license upon conviction of any person to whom such license has been granted of violation of any of the Acts or Ordinances as aforesaid and all licenses granted under this Act shall be exposed on some conspicuous part of the premises so licensed and produced on demand for the inspection of any officer appointed under this Act officer of Customs or Police And any person carrying on the business of a wine and spirit merchant or brewer as aforesaid without such license or after such license has been cancelled and annulled or who shall refuse to produce such license when demanded as aforesaid shall be liable to a penalty of not less than ten pounds nor more than fifty pounds Provided that nothing herein contained shall relieve any wine or spirit merchant from any fees imposed under the provisions of any Provincial Act or Ordinance for regulating the sale of spirits.

137 License in case of partnership.

Nothing hereinbefore contained shall compel any two or more persons carrying on business as wine and spirit merchants in copartnership in one house or place of business to pay more than one fee for registration but if such person or persons in copartnership shall carry on the business of wine and spirit merchants in more than one house or place of business not in the same town then the said fee for registration shall be payable for and in respect of every such house or place of business owned or conducted by such person or persons so carrying on business in copartnership and nothing hereinbefore contained shall render it necessary that the fermented or spirituous liquors now allowed to be sold in quantities of not less than two gallons shall be liquor of one description only but may be fermented or spirituous liquors or both as the case may be of several descriptions Provided that in case any wine and spirit merchant having registered and paid the license fee as aforesaid remove absolutely his business to any other town or place then and in such case he shall not be liable to pay an additional license fee for such removal but he shall nevertheless register his name and a description of the premises to which he has removed in the same manner as hereinbefore mentioned and in default of such registration of removal he shall be liable to a fine of not less than ten pounds and not more than thirty pounds.

138 Onus of proof.

In all proceedings under this Act or under any Act which may hereafter be in force for the regulation of distillation and brewing or respecting licensed and registered spirit merchants and brewers of beer the person against whom such proceedings are taken shall be taken to be a distiller or rectifier and compounder of spirits wine and spirit merchant or brewer as the case may be and the proof of not being a distiller or rectifier and compounder of spirits wine and spirit merchant or brewer as the case may he shall be upon the person against whom such proceedings shall be taken and not upon the officer or person who may sue for any penalty and any such person as aforesaid shall be deemed to be unlicensed unless he shall at the hearing produce his license before and exhibit the same to the Court before which such proceedings shall be taken or shall produce other proof to the satisfaction of such Court that he is not such person as described in such proceedings or that he is a duly licensed person and of the description of the license held by him.

139 Clerk of the Resident Magistrate’s Court to make returns.

The Clerk of the Court at every place where a Resident Magistrate’s Court or Court of Petty Sessions is or shall be established shall within ten days after every such registration as aforesaid make a return thereof to the Chief Inspector of Distilleries which return shall be an exact copy of every such registration certificate and every such clerk of such Court who shall fail or neglect to make any such return as aforesaid shall be liable to a penalty not exceeding five pounds and the Chief Inspector of Distilleries shall cause the name and residences of all persons so registered as aforesaid to be published in the New Zealand Gazette.

140 Informations may be heard and determined in a summary way.

All fines forfeitures or penalties imposed by this Act or by any Act which may hereafter be in force for the regulation of distilleries may be recovered and all informations for enforcing any forfeitures may be heard and determined in a summary way before any two or more Justices of the Peace in the manner provided by “The Justices of the Peace Act 1866” with regard to summary convictions or such fines penalties and forfeitures may be recovered in the Supreme Court at the option of the Chief Inspector of Distilleries and any such information and any suit or action for the recovery of such fines penalties or forfeitures shall and may be filed or instituted in the name of Her Majesty by the Attorney-General for New Zealand in the manner provided by “The Crown Debts Act 1866” if such proceedings be in the Supreme Court or in the names of the Chief or other Inspector of Distilleries or any Officer of Customs if proceedings be taken before Justices of the Peace and if any question shall arise as to whether any person is the Chief or other Inspector of Distilleries or is an Officer of Customs parol evidence may be given of such facts and shall be deemed legal and sufficient evidence Provided that nothing in this section contained shall apply to any offence hereby declared to be a misdemeanor and punishable as such.

141 Penalties to be sued for within one year after the offence.

All informations actions or suits for the recovery of any of the penalties or forfeitures imposed by this Act shall be commenced and prosecuted at any time within one year after the offence committed by reason whereof such penalty or forfeiture shall be incurred.

142 Penalties joint and several may be sued for by joint and several informations.

When by this or any other Act relating to distillation a penalty is jointly and severally incurred by any number of persons such persons may be proceeded against jointly or severally and in case of a joint proceeding against such several persons for recovery of the penalty so severally incurred the penalty shall be recoverable against each notwithstanding that any one or more of such persons so jointly proceeded against may have allowed judgment to go by confession or default or that the penalty adjudged to be paid by any one or more of the defendants so jointly proceeded against may be of a different amount from that of the penalty recovered against any other or others of such defendants or that judgment be given for one or more of such defendants and no such judgment shall be reversed or avoided or error in law alleged therein on the ground that the same has been obtained by confession or default of any of the defendants nor on account of any difference in the amount of the penalties recovered as against any two or more of them, nor on account of judgment being given for any of such defendants but every such judgment shall be valid and effectual against all and every the defendants so jointly proceeded against for the full amount of the penalty or penalties which they shall have been respectively adjudged to pay.

143 Form of information &c.

Informations before any Justice of the Peace for any offences committed against this or any other Act now or hereafter in force relating to distillation or rectifying and all convictions for such offences and all warrants of Justices of the Peace founded upon such convictions shall be drawn respectively in the forms set forth in the eleventh and twelfth and thirteenth Schedules of this Act or in words to the like effect.

144 Offence to be set forth in the words of the Act.

Every information for any penalty or forfeiture under this or any other Act now or hereafter in force relating to the distillation or rectifying of spirits and any conviction or warrant of commitment for any penalty shall be deemed valid and sufficient in which the offence for which such penalty shall be inflicted or the cause of forfeiture is set forth in the words of this or any other such Act as aforesaid or in words to the like effect and no such information shall be quashed for want of form or for any mere literal or clerical errors or omissions not affecting the substantial merits or justice of the case.

145 Proof of the officer’s appointment unnecessary.

In case of any information or proceeding under this Act or any Act now or hereafter in force relating to the distillation of spirits the averment that the person prosecuting such information or proceeding is an Inspector of Distilleries or Officer of Customs shall be sufficient proof of the appointment of such Inspector of Distilleries or Officer of Customs without proof of the appointment of such Inspector of Distilleries or Officer of Customs unless the defendant shall in such case prove to the contrary.

146 Officer to have notice of action.

No writ shall be sued out nor a copy of any process served upon any Inspector of Distilleries or other person acting under the authority of this Act or of any Act which may hereafter be in force for the regulation of distilleries for anything done in the exercise of his office until one calendar month after notice in writing shall have been delivered to him or left at his usual place of abode by the solicitor or agent for the party who intends to sue out such writ or process in which notice shall be clearly and explicitly contained the cause of action the name and place of abode of the person who is to bring such action and the name and place of abode of the solicitor or agent and no evidence of the cause of such action shall be produced except of such as shall be contained in such notice and no verdict shall be given for the plaintiff unless he shall prove on the trial that such notice was given and in default of such proof the defendant shall obtain in such action a verdict and costs.

147 Actions to be brought within three months &c.

Every such action shall be brought within three calendar months after the cause thereof and the defendant may plead a general denial and give the special matter in evidence and if the plaintiff shall become nonsuited or shall discontinue the action or if upon a verdict or demurrer judgment shall be given against the plaintiff the defendant shall receive treble costs and have such remedy against the plaintiff as any defendant can have in other cases where costs are given by law.

148 Judge may certify probable cause of seizure.

In case any information or suit shall be brought to trial on account of any seizure made under this Act and a verdict shall be found for the claimant thereof and the Judges or Justices before whom the cause shall have been tried shall certify upon the record that there was reasonable and probable cause of seizure the claimant shall not be entitled to any costs of suit nor shall the person who made such seizure be liable to any action or other suit or prosecution on account of such seizure and if any action or other suit or prosecution shall be brought to trial against any person on account of such seizure wherein a verdict shall be given against such defendant the plaintiff besides the things seized or the value thereof shall not be entitled to more than one shilling damages nor to any costs of suit nor shall the defendant in such prosecution be fined more than one shilling.

149 Officer may tender amends.

It shall be lawful for any Inspector of Distilleries or other person as aforesaid within one calendar month after such seizure to tender amends to the party complaining or his agent and to plead such tender in bar to any action together with other pleas and if the jury shall find the amends sufficient they shall give a verdict for the defendant and in such case or in case the plaintiff shall become nonsuited or discontinue his action or judgment shall be given for the defendant upon demurrer then such defendant shall be entitled to like costs as he would have been entitled to in case he had pleaded a general denial only Provided that it shall be lawful for such defendant by leave of the Court where such action shall be brought at any time before issue joined to pay money into Court as in other cases.

150 Property seized to be claimed within fourteen days.
Claims to be lodged with Commissioner of Customs.

All spirits and other property seized under the provisions of this Act shall be considered as forfeited and condemned unless claimed within fourteen days after the same shall be so seized and shall be sold by public auction and all such claims for spirits or other property so seized and forfeited shall be lodged within the time hereinbefore mentioned with the Commissioner of Customs or the Chief Inspector of Distilleries or with the Inspector of Distilleries or the Collector or other Chief Officer of Customs at the port or station nearest to the place where such property was seized.

151 Admission of claims to property seized.

No claim to any spirits or other property seized under this Act and returned into any of Her Majesty’s Courts for adjudication shall be admitted and no appearance shall be permitted to be entered to any information filed for the forfeiture of any spirits or other property seized for any cause of forfeiture under this Act or under any Act which may hereafter be in force for regulating distillation unless such claim or appearance be entered in the name of the owner of such spirits or other property so seized describing the place of residence and the business or profession of such owner and oath shall be made before one of the Judges of the Court in which such information is filed or before the Resident Magistrate or one of the Justices before whom any cause of forfeiture shall be tried for spirits or other property seized as forfeited under this or such other Acts as aforesaid that the spirits or other property so seized was or were really and truly the property of him at the time of such seizure and such oath shall be made either by such owner or if not by such owner then by the agent or solicitor by whom such appearance shall be entered that he has full power and legal authority and directions from such owner to enter such appearance and to the best of his knowledge and belief such spirits and other property were at the time of the seizure thereof bona fide the real property of the party in whose name such appearance is entered and on failure thereof the spirits and other property shall be absolutely condemned and judgment be entered thereon by default according to the usual method of proceeding of the court in the same manner as if no appearance had been entered thereto and every person who shall be convicted of making or taking a false oath to any of the facts hereinbefore directed or required to be sworn to shall be deemed to be guilty of wilful and corrupt perjury.

152 Claimant to enter into a recognizance.

Upon the entry of any claim to any spirits or other property seized for any cause of forfeiture or of any appearance to any information filed for such forfeiture the person who shall enter such claim or appearance if such claimant shall reside within the Colony shall be bound by a recognizance (to be entered into before one of the Judges of the Supreme Court or Justices of the Peace before whom the said cause or matter is to be inquired into) with two sufficient sureties in the penalty of one hundred pounds to answer and pay the costs occasioned by such claim or appearance and if the owner shall not reside within the Colony then and in such case the agent attorney or solicitor by whose directions such claim or appearance shall be entered shall in like manner be bound with two sufficient sureties in like penalty to pay the costs occasioned by such claim or appearance.

153 Payment and distribution of penalties &c.

All fines penalties or portions of penalties and forfeitures recovered under this Act or any other Act for the time being in force relating to the distillation of spirits shall be divided and applied as follows (that is to say) after deducting the charges of prosecution from the proceeds thereof one third part of the net produce thereof shall be paid to the Consolidated Fund and applied to the public uses of the Colony and in support of the Government thereof one-third part thereof to and amongst the officer or officers or other person or persons who shall have discovered and seized any articles or goods seizable and forfeited under this Act or aided in the conviction of any person of offences under this Act for the commission of which such fines penalties or portions of fines or penalties shall be recovered under this Act or any other Act relating to distillation in such share or proportion as the Commissioner of Customs may direct and one-third to the informer where such fines penalties and forfeitures are recovered in consequence of information being given to the seizing officer and when the said fines penalties and forfeitures are otherwise recovered the same are to be divided and applied as follows (that is to say) after deducting the said charges the one moiety or half of the net produce thereof as aforesaid to the Consolidated Fund for the public uses of the Colony and in support of the Government thereof and the other moiety or half to be paid to and amongst the officer or officers or other person or persons who shall have discovered and seized any articles or goods seizable or forfeited under this Act or aided in the conviction of any person of offences under this Act for the commission of which such fine penalty or portion of penalties shall be incurred or imposed in such shares as the Commissioner of Customs may direct Provided always that nothing herein contained shall be deemed or construed to affect or in any way to interfere with the right of Her Majesty her heirs and successors to pardon the offender and to remit the whole or any part of any such fine penalty or forfeiture as to Her Majesty shall seem meet and in all cases where any penalty shall be imposed on any person for any offence against this or any other Act relating to distillation and such penalty or a moiety thereof shall not be recovered or shall be remitted as aforesaid the Commissioner of Customs may authorize such sum of money not exceeding fifty pounds in each case out of the Consolidated Fund to be paid and distributed to and amongst the officers or persons aforesaid in such proportions as he shall think fit.

154 Imprisonment of convicted parties.

If in or upon any information suit or action brought before any Judge of the Supreme Court or any two or more Justices of the Peace as aforesaid for the recovery of any fines forfeitures or penalties imposed by this Act the party shall be convicted and sentenced to pay such fine or penalty and in case any such fine or penalty shall not be immediately paid or security given to the satisfaction of the Court or Justices before whom the case shall have been heard and determined for the due payment of such fine or penalty the party or parties who shall have been convicted and sentenced to pay such fine or penalty shall forthwith be committed to gaol there to remain for a period of not less than three months nor exceeding twelve calendar months unless such fine or penalty shall be sooner paid and such imprisonment shall in no case operate as a discharge of any such fine forfeiture or penalty.

155 Appeal.

Any person who shall think himself aggrieved by any fine or penalty imposed by any Justice or Justices of the Peace under the authority of this Act above the sum of ten pounds may appeal against the conviction according to the provisions of any Act now or which may hereafter be in force for the regulation of appeals of the like nature and no conviction shall be quashed for mere want of form or for any literal or clerical errors or omissions not affecting the substantial merits or justice of the case.

156 No writ of certiorari to issue.

No writ of certiorari shall issue from Her Majesty’s Supreme Court to remove any proceedings before any Justice or Justices of the Peace under this or any other Act now or hereafter in force relating to the distillation of spirits nor shall any writ of habeas corpus issue to bring up the body of any person who shall have been convicted before any Justice or Justices of the Peace under this or any other such Act unless the party against whom such proceedings shall have been directed or who shall have been so convicted or his solicitor or agent shall state in an affidavit in writing to be duly sworn the grounds of objection to such proceedings or conviction and that upon the return of such writ of certiorari or habeas corpus no objection shall be taken or considered other than such as shall have been stated in such affidavit and it shall be lawful for any Justice or Justices of the Peace and they are hereby required to amend any information conviction or warrant of commitment for any offence under any such Act at any time whether before or after conviction.

157 Commissioner may delegate all or any of his powers.
Chief Inspector of Distilleries may delegate his powers.

It shall be lawful for the Commissioner of Customs from time to time by writing under his hand to delegate to a deputy or deputies all or any of the powers (except this present power of delegation) exercisable by him under this Act to any person or persons whatsoever and every such delegation may be either absolute or conditional or restricted and for any period whatever and to be exercised within a district to be defined in such delegation or throughout the Colony and shall be revocable at the pleasure of the Commissioner and every provision of this Act relating to the Commissioner (except this present provision) shall be deemed to apply to the deputy or deputies constituted by such instrument and it shall also be lawful in the same manner and under the same conditions for the Chief Inspector of Distilleries to delegate all or any of the powers exercisable or to be discharged by him under this or any other Act which may hereafter be in force relating to distillation in any district to be defined in the instrument of delegation to any person or persons whomsoever and all such delegation shall be revocable at the pleasure of the Commissioner of Customs or Chief Inspector of Distilleries as the case may be.

158 Governor to make regulations.
Operation of portions of Act may be suspended.

It shall be lawful for the Governor in Council to make all such rules and regulations as may be deemed necessary from time to time for carrying the provisions of this Act into effect provided that the same shall not be repugnant to the provisions of this Act And it shall also be lawful for the Governor in Council by Order in Council from time to time to suspend during such time as may appear expedient the operation of any provisions of this Act either throughout the Colony or in any particular district or place to be defined or specified for the purpose and any such order in like manner from time to time revoke and all such rules and regulations and Orders in Council shall be published in the New Zealand Gazette.

159 Interpretation of terms used in this Act.

The following words and expressions employed in this Act shall have the meaning hereby assigned to them unless there be something in the subject or context repugnant to such construction—

The term “still” shall mean also the head or worm or any other part of a still and shall mean and include also any distilling apparatus whatever for the distilling or making of spirits.

The word “worts” shall be construed to mean all materials intended to be used in the process of distillation after the same shall have been mashed and before fermentation shall have commenced therein.

The word “wash” shall mean all such material so mashed after fermentation shall have commenced and before the same shall have been distilled.

The expression “low wines” shall mean all spirits drawn and produced by one distillation of wash.

The word “feints” shall mean spirits produced by the re-distillation of low wines.

The word “spirits” shall mean and include alcohol brandy rum gin whisky low wines feints and every other description of spirituous liquor.

The expression “spent wash” shall mean the liquor which may remain in the wash-still after the low wines shall have been extracted by distillation.

The word “proof” shall mean the ordinary and conventional degree of strength indicated as such by the instrument called Sykes’s hydrometer.

The word “distiller” shall mean and include any person making or keeping any wash fit for distillation or making low wines feints or spirits and any person having in his possession or use any still or stills.

The word “brewer” shall mean any maker of fermented malt liquor or any fermented liquor made from sugar or other saccharine matter and termed beer ale or porter or any maker of wine for sale and shall include every vendor of fermented liquors or wine made in New Zealand in quantities not less than two gallons And

The expression “spirit merchant” shall mean any vendor of duty-paid spirituous liquors wine or fermented malt liquors in quantities not less than two gallons or any person who shall expose the same for sale in any shop warehouse or premises except an auctioneer or a broker selling on account of a licensed wine and spirit merchant or brewer or a licensed publican.

The expression “illicit spirits” shall mean any spirits produced and made contrary to the provisions of this Act or on which the full duties shall not have been paid.

The word “premises” shall mean all the space included within wall or paling referred to in the seventeenth section of this Act.

The word “Commissioner” shall mean the Commissioner of Customs and person appointed under this Act.

The terms “officer” and “proper officer” shall mean respectively any Inspector or other person appointed under the provisions of this Act as an officer of distilleries.

SCHEDULES

THE FIRST SCHEDULE

Section 2

Date of Act. Title of Act. Extent of Repeal.
23rd June 1841 “An Ordinance for Prohibiting the Distillation of Spirits within the Colony of New Zealand” The whole Ordinance.
30th October 1865 “An Act to allow the Distillation Rectifying and Compounding of Spirits in New Zealand” The whole Act.
8th October 1866 “An Act to allow the Distillation Purifying and Compounding of Spirits in New Zealand” The whole Act.
10th October 1867 “An Act to continue certain Sections and to extend the Provisions of the Distillation Prohibition Ordnance Amendment Act 1866” The whole Act.

THE SECOND SCHEDULE

Section 5.

License to Distil Spirits

No.   Office of Commissioner of Customs.

I   do issue this license to   to distil spirits at the   Distillery for the term of   commencing from the   day of   in the year   and ending on the thirty-first day of December in the year under the regulations of “The Distillation Act 1868” in such case made and provided.

Commissioner of Customs

No. 2.

Form of License for use of Still for Manufacturing and other Purposes than the Distillation of Spirits in which the use of a Still is necessary

No.   Office of Commissioner of Customs.

I   do issue this license to   of   to use a still of   at   for the purpose of   for the term of   commencing on the   day of   and ending on the thirty-first day of December in the year   under the regulations of “The Distillation Act 1868.”

Commissioner of Customs.

THE THIRD SCHEDULE

Section 5.

License to Rectify and Compound Spirits

No.   Office of the Commissioner of Customs.

I   do issue this license to   to rectify and compound spirits at   for the term of   commencing from the   day of   in the year  and ending on the thirty-first day of December in the year   under the regulations of “The Distillation Act 1868” in such case made and provided.

Commissioner of Customs.

THE FOURTH SCHEDULE

Section 7.

Certificate of Chief Inspector

I hereby certify that I have inspected the premises described in the application hereto appended that such premises comply with the requirements of “The Distillation Act 1868” and that the description thereof in the application before mentioned and the accompanying plan is correct.

Chief Inspector of Distilleries.

THE FIFTH SCHEDULE Table of Fees for Licenses

Section 11.

£ s. d.
For every license to keep and use still for distillation of spirits 10 0 0
For every license to keep and use still for medical chemical assay photographic or scientific purposes or for distilling perfumes or for the manufacture of pyrolignous acid naphtha or other manufacture where a still is necessary and in which no spirits are made 2 0 0

THE SIXTH SCHEDULE

Section 23.

Form of Registration of Spirit Store

New Zealand

Distillery.

Licensed   day of   a.d.

I   Chief Inspector of Distilleries (or other Officer appointed by the Commissioner of Customs) do hereby register the store at this distillery for the reception of spirits when distilled being a building bounded on the north &c. [here give the inside measurement of the walls and their height &c. in feet and inches]

Made and registered by me this   day of   in the year of our Lord

Witness

Chief Inspector of Distilleries.

THE SEVENTH SCHEDULE Table showing the Weight in Pounds and decimal parts of a Pound avoirdupois contained in one liquid Gallon of Spirits corresponding to the several indications of Sykes’s Hydrometer.

Section 80.

Indication by Sykes’s Hydrometer. Pounds per Gallon. Indication by Sykes’s Hydrometer. Pounds per Gallon. Indication by Sykes’s Hydrometer. Pounds per Gallon. Indication by Sykes’s Hydrometer. Pounds per Gallon.
·0 8·156 20·0 8·506 40·0 8·854 60·0 9·222
·2 8·160 ·2 8·510 ·2 8.858 ·2 9·226
·4 8·163 ·4 8·513 ·4 8·861 ·4 9·229
·6 8·167 ·6 8·516 ·6 8·865 ·6 9·233
·8 8·170 ·8 8·520 ·8 8·869 ·8 9·237
·8 8·174 21·0 8·523 41·0 8·872 61·0 9·241
·2 8·178 ·2 8·527 ·2 8·876 ·2 9·244
·4 8·181 ·4 8·530 ·4 8·879 ·4 9·248
·6 8·185 ·6 8·533 ·6 8·883 ·6 9·252
·8 8·188 ·8 8·537 ·8 8·886 ·8 9·255
2·0 8·192 22·0 8·540 42·0 8·890 62·0 9·259
·2 8·196 ·2 8·543 ·2 8·894 ·2 9·263
·4 8·199 ·4 8·547 ·4 8·897 ·4 9·267
·6 8·203 ·6 8·550 ·6 8·901 ·6 9·270
·8 8·206 ·8 8·553 ·8 8·904 ·8 9·274
3·0 8·210 23·0 8·556 43·0 8·908 63·0 9·278
·2 8·214 ·2 8·560 ·2 8·912 ·2 9·282
·4 8·218 ·4 8·563 ·4 8·915 ·4 9·286
·6 8·221 ·6 8·566 ·6 8·919 ·6 9·291
·8 8·224 ·8 8·570 ·8 8·922 ·8 9·295
4·0 8·227 24·0 8·573 44·0 8·926 64·0 9·299
·2 8·231 ·2 8·577 ·2 8·930 ·2 9·302
·4 8·234 ·4 8·580 ·4 8·933 ·4 9·306
·6 8·238 ·6 8·583 ·6 8·937 ·6 9·310
·8 8·242 ·8 8·587 ·8 8·940 ·8 9·314
5·0 8·245 25·0 8·590 45·0 8·944 65·0 9·318
·2 8·249 ·2 8·594 ·2 8·948 ·2 9·322
·4 8·252 ·4 8·597 ·4 8·951 ·4 9·326
·6 8·256 ·6 8·601 ·6 8·955 ·6 9·329
·8 8·259 ·8 8·604 ·8 8·959 ·8 9·333
6·0 8·263 26·0 8·608 46·0 8·963 66·0 9·337
·2 8·266 ·2 8·611 ·2 8·966 ·2 9·341
·4 8·270 ·4 8·615 ·4 8·970 ·4 9·345
·6 8·273 ·6 8·618 ·6 8·974 ·6 9·349
·8 8·277 ·8 8·622 ·8 8·977 ·8 9·353
7·0 8·280 27·0 8·625 47·0 8·981 67·0 9·357
·2 8·284 ·2 8·629 ·2 8·985 ·2 9·360
·4 8·287 ·4 8·632 ·4 8·989 ·4 9·364
·6 8·291 ·6 8·636 ·6 8·992 ·6 9·368
·8 8·294 ·8 8·639 ·8 8·996 ·8 9·372
8·0 8·298 28·0 8·643 48·0 9·000 68·0 9·376
·2 8·301 ·2 8·646 ·2 9·004 ·2 9·380
·4 8·305 ·4 8·650 ·4 9·008 ·4 9·384
·6 8·308 ·6 8·653 ·6 9·011 ·6 9·388
·8 8·312 ·8 8·657 ·8 9·015 ·8 9·392
9·0 8·315 29·0 8·660 49·0 9·019 69·0 9·396
·2 8·319 ·2 8·664 ·2 9·023 ·2 9·399
·4 8·322 ·4 8·667 ·4 9·026 ·4 9·403
·6 8·326 ·6 8·671 ·6 9·030 ·6 9·407
·8 8·329 ·8 8·674 ·8 9·034 ·8 9·411
10·0 8·333 30·0 8·678 50·0 9·038 70·0 9·415
·2 8·336 ·2 8·681 ·2 9·041 ·2 9·419
·4 8·340 ·4 8·685 ·4 9·045 ·4 9·422
·6 8·344 ·6 8·688 ·6 9·049 ·6 9·426
·8 8·347 ·8 8·692 ·8 9·052 ·8 9·430
11·0 8·351 31·0 8·695 51·0 9·056 71·0 9·434
·2 8·354 ·2 8·699 ·2 9·060 ·2 9·437
·4 8·358 ·4 8·702 ·4 9·064 ·4 9·441
·6 8·362 ·6 8·706 ·6 9·067 ·6 9·445
·8 8·365 ·8 8·709 ·8 9·071 ·8 9·448
12·0 8·369 32·0 8·713 52·0 9·075 72·0 9·452
·2 8·372 ·2 8·716 ·2 9·079 ·2 9·456
·4 8·376 ·4 8·720 ·4 9·082 ·4 9·460
·6 8·379 ·6 8·723 ·6 9·085 ·6 9·464
·8 8·383 ·8 8·727 ·8 9·089 ·8 9·468
13·0 8·386 33·0 8·730 53·0 9·093 73·0 9·472
·2 8·390 ·2 8·734 ·2 9·097 ·2 9·476
·4 8·393 ·4 8·737 ·4 9·100 ·4 9·480
·6 8·396 ·6 8·741 ·6 9·104 ·6 9·484
·8 8·400 ·8 8·744 ·8 9·107 ·8 9·488
14·0 8·403 34·0 8·748 54·0 9·111 74·0 9·492
·2 8·407 ·2 8·751 ·2 9·115 ·2 9·496
·4 8·410 ·4 8·755 ·4 9·118 ·4 9·499
·6 8·413 ·6 8·758 ·6 9·122 ·6 9·503
·8 8·417 ·8 8·762 ·8 9·126 ·8 9·507
15·0 8·420 35·0 8·765 55·0 9·130 75·0 9·511
·2 8·424 ·2 8·769 ·2 9·134 ·2 9·515
·4 8·427 ·4 8·772 ·4 9·137 ·4 9·519
·6 8·431 ·6 8·776 ·6 9·141 ·6 9·522
·8 8·434 ·8 8·779 ·8 9·145 ·8 9·526
16·0 8·438 36·0 8·783 56·0 9·148 76·0 9·530
·2 8·441 ·2 8·786 ·2 9·152 ·2 9·534
·4 8·445 ·4 8·790 ·4 9·156 ·4 9·519
‘6 8·448 ·6 8·793 ·6 9·159 ·6 9·542
·8 8·452 ·8 8·797 ·8 9·163 ·8 9·546
17·0 8·455 37·0 8·800 57·0 9·167 77·0 9·550
·2 8·459 ·2 8·804 ·2 9·170 ·2 9·553
·4 8·462 ·4 8·807 ·4 9·174 ·4 9·557
·6 8·465 ·6 8·811 ·6 9·178 ·6 9·561
·8 8·469 ·8 8·814 ·8 9·182 ·8 9·565
18·0 8·472 38·0 8·818 58·0 9·185 78·0 9·569
·2 8·476 ·2 8·822 ·2 9·189 ·2 9·573
·4 8·480 ·4 8·825 ·4 9·192 ·4 9·577
·6 8·482 ·6 8·829 ·6 9·196 ·6 9·580
·8 8·486 ·8 8·832 ·8 9·200 ·8 9·584
19·0 8·490 39·0 8·836 59·0 9·204 79·0 9·588
·2 8·493 ·2 8·840 ·2 9·207 ·2 9·592
·4 8·496 ·4 8·843 ·4 9·210 ·4 9·596
·6 8·499 ·6 8·847 ·6 9·214 ·6 9·599
·8 8·503 ·8 8·850 ·8 9·218 ·8 9·603
80·0 9·607 85·0 9·705 90·0 9·806 95·0 9·906
·2 9·611 ·2 9·709 ·2 9·810 ·2 9·910
·4 9·615 ·4 9·713 ·4 9·814 ·4 9·914
·6 9·619 ·6 9·718 ·6 9·818 ·6 9·918
·8 9·623 ·8 9·722 ·8 9·822 ·8 9·922
81·0 9·627 86·0 9·726 91·0 9·826 96·0 9·926
·2 9·631 ·2 9·730 ·2 9·830 ·2 9·930
·4 9·635 ·4 9·734 ·4 9·834 ·4 9·934
·6 9·638 ·6 9·738 ·6 9·838 ·6 9·938
·8 9·642 ·8 9·742 ·8 9·842 ·8 9·942
82·0 9·646 87·0 9·746 92·0 9·846 97·0 9·946
·2 9·650 ·2 9·750 ·2 9·850 ·2 9·950
·4 9·654 ·4 9·754 ·4 9·854 ·4 9·954
·6 9·657 ·6 9·758 ·6 9·858 ·6 9·958
·8 9·661 ·8 9·762 ·8 9·862 ·8 9·962
83·0 9·665 88·0 9·766 93·0 9·866 98·0 9·966
·2 9·669 ·2 9·770 ·2 9·870 ·2 9·970
·4 9·673 ·4 9·774 ·4 9·874 ·4 9·974
·6 9·677 ·6 9·778 ·6 9·878 ·6 9·978
·8 9·681 ·8 9·782 ·8 9·882 ·8 9·982
84·0 9·685 89·0 9·786 94·0 9·886 99·0 9·986
·2 9·689 ·2 9·790 ·2 9·890 ·2 9·990
·4 9·693 ·4 9·794 ·4 9·894 ·4 9·993
·6 9·697 ·6 9·798 ·6 9·898 ·6 9·997
·8 9·701 ·8 9·802 ·8 9·902 ·8 10·000

THE EIGHTH SCHEDULE No. 1.

Section 125.

Registration of Brewers

From   day of   18  .

To the thirty-first day of December 18  .

Name of Brewer

Description and situation of premises as follows:—

Premises where business is carried on
Nature of building
Size of cellar (if any)
Whether surrounded by wall or fence
If registered as Brewer, whether manufacturer bottler or dealer
Power of steam-engine (if used)
Number and capacity of wort boilers
Manner of boiling worts whether by direct action of fire or by steam
Manner of cooling worts whether by open cooler or by pipes
Average number of barrels brewed per month
Average quantity of sugar used   ditto
Average quantity of malt used   ditto
Average quantity of other materials   ditto

Registered by me   day of   18  .

No. 2.

Section 135.

Registration of Wine and Spirit Merchant

From   day of  18  .

To the thirty-first day of December 18  

Name of Wine and Spirit Merchant   of

Description and situation of premises (to be here set forth)

Registered by me   day of   18  .

THE NINTH SCHEDULE

Section 125.

Form of Certificate as Brewer or Wine and Spirit Merchant

From   day of   18  .

I certify that   of   registered   name and premises as from the   day of   to the 31st of December 18  .

THE TENTH SCHEDULE No. 1.

Section 136.

Form of License to Wine and Spirit Merchant.

No.

Whereas   of   has paid into my office the sum of   I   do hereby license the said   to sell in quantities of not less than two imperial gallons spirituous liquors wine or fermented malt liquors upon all of which the duty has been paid from the   day of   in the year   to the thirty-first day of December in the year   under the provisions of the Act.

No. 2.

Section 125.

Form of License to Brewer

No.

Whereas   of   has paid into my office the sum of   I   do hereby license the said   to carry on the business of brewer or to sell in quantities of not less than two gallons beer ale porter or wine made in the Colony of New Zealand upon none of which duty is chargeable from the day of in the year to the thirty-first day of December in the year under the provisions of the Act.

THE ELEVENTH SCHEDULE

Section 143.

Form of Information before Justices of the Peace

New Zealand to wit.

Be it remembered that on the   day of   in the year of our Lord A.B. Chief Inspector of Distilleries [or Inspector of Distilleries or Officer of Customs as the case may be] who is authorized to prefer this information gives me   Esquire one of Her Majesty’s Justices of the Peace to understand and be informed that C. D. on the   day of   in the year of our Lord  [here state the offence] contrary to the form of the Act in that case made and provided whereby the said C.D. hath forfeited the sum of

THE TWELFTH SCHEDULE

Section 143.

Form of Conviction to be used for an Offence against this Act

New Zealand to wit.

Be it remembered that on the   day of   in the year of our Lord  an information was exhibited by A.B. Chief Inspector of Distilleries [or Inspector of Distilleries or Officer of Customs as the case may be] before us   Esquires two of Her Majesty’s Justices of the Peace of the said Colony against C.D. which said information charged that the said C.D. on the   day of  in the year of our Lord   [here state the offence as in the Information] contrary to the form of the Act in such case made and provided which offence has been duly proved before us the said Justices   We do therefore convict the said C.D. of the said offence and do adjudge that the said C.D. hath forfeited for his said offence the sum of

Given under our hands and seals this   day of   in the year of our  Lord

THE THIRTEENTH SCHEDULE

Section 143.

Form of Warrant of Commitment to Gaol for a Penalty

New Zealand to wit.

To A.B. constable and to E.F. the gaoler or keeper of the   in the

Whereas C.D. has been duly convicted before us   Esquires two of Her Majesty’s Justices of the Peace for the said Colony of having [here state the offence as in the Information]

And whereas we the said Justices did adjudge that the said C.D. hath forfeited for his said offence the sum of   and whereas the said sum was   nor security given to our satisfaction for the due payment thereof  These are therefore to require you the said A.B. forthwith to take carry and convey the said C.D. to the   at   in the   and to deliver him into the custody of the gaoler or keeper of the said   and we the said Justices do hereby authorize and require the said E.F. the gaoler or keeper of the said   to receive the said C.D. into his custody and him safely to keep for the period of   unless he shall sooner pay the sum of   or otherwise be delivered by due course of law.

Given under our hands and seals at   in the   this day of   in the year of our Lord.
Act Repealed Latest version as at 20 October 1868 (as enacted)

Distillation Act 1868

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