Permits for the removal of spirits. 35 Vict., 6, s. 86. (S.A.), s. 37. Distillation. charge of the nearest police station; and within twelve hours after ceasing to distil, a notice of having ceased to distil shall be given in like manner, so that an officer as aforesaid may attend to lock and secure the still and spirit cellar or store-room. And every wine manufacturer or distiller who fails to comply with this section shall be guilty of an offence, and, on conviction thereof. shall be liable to a fine of not less than Fifty pounds nor more than One hundred pounds. 41. NO spirits shall be removed out of the premises of any wine manufacturer or distiller except between the hours of nine in the forenoon and four in the afternoon. nor without a permit to remove Distillation Act, 1884 the same, signed by an inspector or officer, 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 during which such ́permit is to be in force: Provided that such permit shall not be granted by the inspector or officer for the removal of any spirits which shall not have been previously lodged and deposited in the cellar or storeroom. nor in a less quantity than ten gallons, and provided that at the time such permit is required the distiller or other person requiring such permit shall give to such inspector or officer aforesaid, the certificate of the Collector of Revenue or other proper officer 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. Spirits removed be seized. 42. wine ALL spirits removed from the premises of any without permit may manufacturer or distiller without a permit as aforesaid, or except between the hours mentioned in the last preceding section, may be seized and forfeited, together with the cask, casks, or packages 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. Ibid., s. 87. Ibid., s. 38. Unlawful permits. Officers may scop persons removing spirits and examine permits. Ibid., s. 88. 43. 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. 44. ANY inspector or officer or police constable may stop or detain any person who shall be found removing or carrying any spirits of any kind from the premises of any wine manufacturer or distiller, and demand the production of the permit or permits as aforesaid accompanying such spirits, and on being satisfied that Distillation. 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 inspector, officer, or police constable shall indorse 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 inspector. officer. or police constable, or shall be found removing or carrying any such spirits without a lawful permit, every such person shall be guilty of an offence, and, on conviction thereof, shall be liable to a penalty of One hundred pounds; and such inspector, officer, or police constable may, and is hereby required to stop, arrest, and detain every such person, and to convey the said person, together with the spirits so found being removed or carried by or with him. 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 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. Ibid., s. 40. Notice of making or Ibid., s. 124. 45. NO person shall commence to make, or to land out of any ship, any still, still-head. worm, or other utensil for distilling importing stills. whatsoever, without having first given notice thereof in. writing to the inspector or Collector of Customs, and every such notice shall set forth as near as possible the number of gallons which such still Ibid., s. 41. is capable of containing, and every person who shall commence to make, or who shall land out of any ship any still, still-head, worm, or other utensil for distilling whatsoever without having first given such notice as aforesaid. shall be guilty of an offence, and, on conviction thereof, shall be liable to a penalty of not less than Ten pounds nor more than Fifty pounds. parting with still, 46. NO person shall part with or sell any still, still-head, worm, or other utensil for distilling, either separately or as part of Notice of selling or any house, building, premises or place in which such still may be, etc. without having given notice to the inspector of the name and residence Distillation Act, of the transferee or purchaser thereof, and also of the number of 1884 (S.A.), 8. 42. gallons which such still is capable of containing, and every person See 35 Vict., 6, s. 125. acting in contravention of this section shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not less than Twenty pounds and not more than Two hundred pounds. 47. Distillation. 47. NO wine manufacturer or distiller or other person not holdNotice to be given of ing a valid license under any Act for the time being in force concern setting up still. Ibid., s. 43. Ibid., s. 126. Stills not to be altered or removed without permission. Distillation Act, 1884 (S.A.), s. 44. Distance between the premises of those of brewers. 35 Vict., 6, s. 26. ing distillation, shall erect or set up any still without having first given notice of his intention to do so to the inspector, which notice shall 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 or set up the same, and the purpose for which it is to be used. And every such wine manufacturer, distiller, or other person who erects or sets up any still without having first given such notice as aforesaid, or knowingly gives an incorrect notice, shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine not exceeding One hundred pounds. 48. NO wine manufacturer, distiller, or other person licensed under this Act shall remove or alter any still without the permission of the inspector. Any inspector is empowered to visit and inspect stills of all kinds at any time in the day, and if any still is removed or altered without the permission of the inspector, the still shall be forfeited, and the person who has removed or altered the same, or caused it to be removed or altered, shall be guilty of an offence, and, on conviction thereof, shall be liable to a penalty of not less than Twenty pounds nor more than Two hundred pounds. 49. NO distiller, wine manufacturer, or other person shall practise, follow, or use the trade or business of a brewer of ale, licensed persons and porter, beer, or maker of cordials 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, and every person who acts in contravention of this section shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not more than One hundred pounds for every day during which he carries on such trade or business: Provided that the Colonial Treasurer 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. Rate of duty. PART VI.-OF DUTIES ON SPIRITS. 50. FROM and after the commencement of this Act the duty payable upon all spirits that may be distilled in Western Australia See 35 Vict., 6, s. 72. from grapes, fruit, wine, roots, malt, grain, or other produce, and upon Distillation. Distillation Act, upon all spirits distilled in Western Australia from sugar, treacle, molasses, or from wort, wash, or spent wash with which sugar, treacle, 1884 (S.A.), s. 46. or molasses has been made or mixed, or from beer or ale, shall be, for every gallon, one half of the import duty on such spirits for the time being. Such duties shall be paid upon the standard gallon-measure of spirits of the strength of proof by Sykes' hydrometer, and so in proportion for any greater or less strength than proof, and also upon any deficiencies ascertained in the manner hereinafter directed. See Act 348 (1885), S.A. 35 Vict., 6, s. 96. 51. ANY inspector may, by writing under his hand, permit spirits lodged in any cellar, store-room, or bonded warehouse as for varnishes, etc., or Spirits may be used aforesaid to be used for the purpose of dissolving resins and gums for burning. for varnishes and other like manufacturing purposes for which Distillation Act, methylated spirits are used and required; and for that purpose such 1884 (S.A.), s. 47. spirits so to be used shall be mixed with purified wood naphtha in such quantities and of such quality as such inspector 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 bonded warehouse without payment of duty: Provided as follows: (1.) The process of mixing herein before mentioned shall be (3.) The inspector may, under any regulations made as 52. THE inspector may, by writing under his hand, and on such terms and conditions as he may think fit, permit spirits lodged in any bonded warehouse to be used for making muscadine, containing not more than thirty-five per cent. of spirit, for export or for flavouring wine; and such spirits may then be so used in the presence of an officer on payment of Sixpence per gallon proof for colonial spirits, and Two shillings and sixpence per gallon proof for imported spirits. 53. THE Colonial Treasurer may appoint any other bonded Appointment of warehouse for the purpose of lodging, under bond, any spirits distilled bonded warehouse. under 35 Vict., 6, s. 94. Distillation Act, 1884 (S.A.), s. 49. Spirits may be re port under bond. Ibid., s. 97. Ibid., s. 50. Distillation. under the provisions of this Act without the payment of duty, and the spirits so lodged shall be subject to the same rules and regulations in respect to re-gauging and leakage as imported spirits when in bond in any bonded warehouse under the supervision of the Collector or other chief officer of customs. 54. SPIRITS warehoused or bonded as in the last preceding moved to any colonial section mentioned, being first duly entered in 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 said 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. Spirits, cordials, etc., may be exported without duty. Distillation Act, 1884 (S.A.), s. 51. 55. SPIRITS distilled in Western Australia, and compounds, cordials, muscadine, and medicines containing such spirit (if intended for exportation and manufactured under any regulations made as hereinafter provided) may be exported to places beyond the boundaries of the said Colony without payment of duty, but the See 35 Vict., 7, 8. 98. person exporting the same shall pass an entry outwards 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. Duties, how to be paid. Distillation Act, 1884 (S.A.), s. 52. 35 Vict., 6, s. 101. Appointment of 56. ALL duties on spirits distilled in Western Australia and deposited in bonded warehouses under the supervision of the Collector of Customs, other than bonded warehouses not subject to the provisions of this Act, shall be paid to the Collector of Customs in the same manner and under the same regulations as for imported spirits; Provided that in places where there is no Collector of Customs, the duties on spirits distilled in the said Colony as aforesaid shall be paid to such officer as the Governor may appoint to receive the same in the same manner and under the same regulations as if paid to a Collector of Customs. PART VII. OF OFFICERS, SEIZURE, PROCEDURE, AND PENALTIES. 57. THE Governor may appoint some fit and proper person to be Chief Inspector of Distilleries, and also such and so many inspectors of distilleries and other officers as may be necessary for the |