Distillation Act, 1884 (S.A.), s. 3. Distillation. “Distiller” means a person holding a "Distillation License," as hereinafter defined; "Distillery" means the premises of any distiller or wine manufacturer where the process of distillation, or rectifying, or compounding of spirits is carried on, and all spirit stores and buildings connected therewith or appurtenant thereto; "Feints" means spirits produced by the re-distillation of low wines; "Illicit spirits" means spirits produced and made contrary to this Act, and spirits on which the full duty has not been paid; "Imported spirits" means all imported spirits and strong waters liable to a duty of Customs; 66 Impurity" means any substance other than ethylic alcohol and water; "Inspector" means the Chief Inspector of Distilleries; 66 Any Inspector" means the Chief Inspector of Distilleries or any other Inspector of Distilleries. "Low wines" means all spirits drawn and produced by one. distillation of wash; "Officer" means any officer of Customs, and any inspector or any officer appointed by the Chief Inspector of Distilleries for any of the purposes of this Act; 66 Premises," when used with reference to a distiller or rectifier, means any building or place used by him and of which entry is required to be made; "Prescribed" means prescribed by any regulations made by the Governor under this Act; "Proof" means the ordinary and conventional degree of strength indicated as such by Sykes' hydrometer; 66 66 66 Spent Wash" means the liquor which may remain in the wash after the low wines have been extracted by distillation; Spirits" means alcohol, brandy, whisky, rum, gin, low wines, feints, cordials, liqueurs, wines, and spirits of any sort, including all liquors mixed with spirits, and all mixtures, compounds, or preparations made with spirits containing more than thirty-five per centum of proof spirits; Spirit Merchant" means a vendor of duty-paid spirituous liquors, wine, or fermented malt liquors in quantities not less Distillation. less than one gallon, and any person who exposes the same for sale in any shop, warehouse, or premises, except an auctioneer or broker selling on account of a licensed wine and spirit merchant, or brewer, or a licensed publican; "Still" includes the head or worm, and any part of a still or apparatus connected therewith or appurtenant thereto, and any apparatus whatever for the making, distilling, compounding, or rectifying of spirits ; "Wash" means all materials in which, after being mashed for use in the process of fermentation, fermentation has commenced, but which have not been distilled; "Wine" means the fermented juice of the grape; 66 Winemaker" means a person (not holding a wine manu- "Wine Manufacturer" means a person holding a wine manu- "Worts" includes all materials intended to be used in the process of distillation after the same have been mashed and before fermentation has commenced therein. 4. THIS Act shall be divided into Parts, as follows: PART PART I.--OF THE LICENSING AND WORKING OF STILLS II. OF THE LICENSING AND WORKING OF STILLS PART III.-OF THE LICENSING AND WORKING OF STILLS PART IV.-OF LICENSES IN GENERAL. PART V. OF THE REMOVAL OF SPIRITS AND SUPER- PART VI.-OF DUTIES ON SPIRITS. PART VII.-OF OFFICERS, SEIZURES, PROCEDURE, AND Division of Act. Distillation Act, 1884 (S.A.), s. 4. PENALTIES. PART Wine manufacturer's distillation license. See 35 Vict., 6, s. 10. Distillation Act, 1884 (S.A.), s. 5. Schedule 2. Certificate of be produced and bond executed. See 35 Vict., 6, ss. Distillation. PART I OF THE LICENSING AND WORKING OF STILLS USED BY 5. WHERE any person or any company is in the actual occupation of any vineyard or orchard of not less than twenty-five acres in extent, in full bearing, and is engaged in the making of wine, the Colonial Treasurer may, on the written application of such person or company, grant to such person or to an officer of the company a license to be called a "Wine Manufacturer's License," in the form in the Second Schedule hereto. The application shall specify the size and description of the still intended to be used and shall have annexed thereto a correct drawing of such still and of the premises where the same is intended to be used. The holder of such license is hereby authorised to keep and use upon such vineyard or orchard a still of not less than fifty gallons capacity, for the purpose of distilling spirits from the fermented juice of the grape or other fruit, being the produce of such or any other vineyard or orchard. The spirits so distilled, except as hereinafter excepted, shall be used only for fortifying wines the property of and on the premises of such wine manufacturer, so that when such wines are fortified they shall not contain more than thirty-five per centum of proof spirit and shall be pure and untainted with fusel oil or other deleterious substance: Provided that wine manufacturers may use spirits lawfully distilled by them for the purpose of washing and cleansing casks. 6. BEFORE such license is granted, the person applying for applicant's fitness to the same shall produce to the Chief Inspector of Distilleries a certificate, signed by two Justices of the Peace or by a Resident or Police Magistrate, certifying that the applicant is in actual occupation of 10, 14, Distillation not less than twenty-five acres of land planted with vines or fruit Act, 1884 (S.A.), s. 6. trees, in full bearing, and is a fit and proper person to hold such license; and the applicant shall, with two good and sufficient sureties, to be approved by the Colonial Treasurer, execute a bond to him in him in a penal sum of Five hundred pounds, conditioned that the applicant will not use or suffer use to be made of the still in respect of which he is licensed for any other purposes than such as are authorised by his license and further conditioned for the due observance of this Act and of all Regulations made hereunder. Spirit cellar and store-room to be provided. 7. EVERY wine manufacturer shall provide upon his premises a cellar or store-room built of stone, brick, or concrete, wherein all spirits made on the premises, and all wines containing more than thirty-five Distillation. (S.A.), s. 7. thirty-five per centum of proof spirit, shall be deposited and kept 35 Viet., 6, s. 12, securely locked by such wine manufacturer until required for the Distillation Act, 1884 purpose of fortifying wine, or washing or cleansing casks, or blending as herein before mentioned; and all spirits so made shall be conveyed into such cellar or store-room, and shall be secured in such manner as the inspector shall direct; and all such spirits or wines found in any other place or places on the said premises than the said cellar or store-room, in quantity greater than five gallons in the aggregate, shall be forfeited, and such wine manufacturer shall thereby become liable to a penalty of Fifty pounds, together with an additional penalty of Forty shillings for every gallon of spirits so found in excess: Provided that spirits requiring to be rectified may be removed from the said cellar or store-room to the still-room for the purpose of re-distillation. 8. (1.) UPON payment of a Sixpence per gallon proof for colonial Removal of spirits spirits, and Two shillings and sixpence per gallon proof for for fortifying wines. imported spirits, any wine manufacturer may remove from such Distillation Act, cellar or store-room such quantity of spirits as may be required for 1884 (S.A.), §. 8. the purpose of fortifying wines the property of such wine See 35 Vict., 6, s. 18. manufacturer (but so that such wines, when so fortified, shall not contain more than thirty-five per centum of proof spirit), or for washing or cleansing casks, or for blending. (2.) All spirits so removed from such cellar or store-room for fortifying such wines or blending shall be mixed on the premises of the proprietor in the presence of an inspector or with his written permission. (3.) Provided that, if such wine manufacturer has a surplus of spirits more than sufficient for fortifying his wines, the inspector may grant permission in writing to the proprietor to sell or dispose of the same once in every month during the year, under the supervision of an inspector or officer, upon payment of the duties chargeable on such spirits, or to remove the same to a duly licensed bonded warehouse. (4.) Any wine manufacturer acting in contravention of this section shall be liable to a penalty not exceeding One hundred pounds. Return to be 9. EVERY wine manufacturer shall keep a journal, which shall The day of notice of commencing and of having ceased Distillation Act, 1884 (S.A.), s. 9. See 35 Vict., 6, ss. 11, 19. Schedule 3. The Schedule 4. Wine manufacturer to produce books, answer questions, and permit testing. Distillation Act, 1881 (S.A.), s. 10, altered in form. See 35 Vict., 6, sec. 48. Distillation. The days when actually distilling, and number of hours at work in each day; The materials distilled from; The total quantity of proof spirits distilled during the month; The total quantity, in proof gallons, on hand from last month; The total quantity of proof gallons purchased for fortifying wine; The total quantity, in proof gallons, disposed of during the month, showing the manner in which the same has been disposed of; The stock on hand, in proof gallons, at the end of the month; And the quantity of wine fortified during the month. And shall, within seven days after the end of each month, deliver or send to the inspector, at his principal office, by means of a registered letter, a copy of such journal, and of the entries (if any) therein during the month just ended, in the form of the Fourth Schedule hereto, also to be provided by the Government Printer at cost price. If any such wine manufacturer neglects to keep such journal as aforesaid, or to forward a copy thereof as aforesaid, or makes, or is party or privy to making any false entry therein, he shall be liable to a penalty of not less than Fifty pounds nor more than Two hundred pounds. 10. (1.) EVERY wine manufacturer shall, when so required, produce on his premises to any inspector or officer, or any duly authorised officer of police, the journal before mentioned, and shall produce and exhibit the whole of the spirits, wines, or spirituous compounds on such premises, and shall also permit such official to gauge and take such samples as he may deem necessary of all spirits, wines, or spirituous compounds on the premises of such wine manufacturer, and shall, when so directed by any of such officials, set up the casks so required to be gauged and tested for the purpose of testing or analysing, and shall truly answer all questions put by any of the officials aforesaid relative to the entries in the journal, whether such answers tend to render such wine manufacturer liable to any penalty or not. (2.) Every wine manufacturer who shall fail to comply with the requirements of this section shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine not less than Fifty pounds and not exceeding Five hundred pounds. 11. |