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Proof of Spirits
removed, being

such as de-
scribed in the
Permit, to lie
upon the
Owners,
by the Oath of
Two Witnesses,

Rectifiers or

Compounders
having in their
Custody Wort,
&c. or distilling
same into Low
Wines or Spi-
rits, or receiv-
ing Spirits

without a legal
Permit,
(Exception.)

Penalty on
First Offence.

Second Offence.

ed thereto, and all Liquors whatsoever which shall be mixed or mingled with any such Spirits, shall be deemed a British Compound called British Brandy; and that all other Spirits produced by Redistillation, and which shall have been distilled or mixed with Juniper Berries, Carraway Seeds, Anniseeds or any other Seeds, Preparation or Ingredient whatsoever, used in the compounding of Spirits, and all Liquors whatsoever which shall be mixed or mingled with any such Spirits, shall be deemed and called British Compounds; and that all British Spirits of the Strength of Forty three per Centum above Proof, as denoted by the Hydrometer called Sykes's Hydrometer, and all Spirits of a greater or higher Degree of Strength, shall be deemed and called Spirits of Wine; and if any Question shall arise, whether any Spirits removed by any Permit are bona fide such British Spirits, Plain British Spirits, or British Compounds of any particular Sort or Kind, or Spirits of Wine respectively, as are described and specified in the Permit accompanying the same, or granted for the Removal thereof, although such Spirits shall appear to have been kept Account of in the Officer's Books, or Account of Stock from which Spirits were removed, by the same Name or Description as is specified in such Permit, the Proof that such Spirits are really and bona fide of the Sort specified in such Permit shall lie upon the Owner or Claimer thereof, who shall prove the same by the Oaths of Two credible Witnesses, being skilful and experienced Persons, competent to decide by Examination thereof.

CII. And be it further enacted, That if any Rectifier or Compounder of Spirits shall have in his, her or their Custody or Possession any Wort, Wash or other fermented Liquor, or Materials prepared or fit for the Purpose, or capable of being distilled into Low Wines or Spirits, or shall distil or extract any Low Wines or Spirits from Wort, Wash or other fermented Liquor or Materials, not being British Spirits, or Colonial Spirits, lawfully received into Stock to be rectified or compounded; or shall have in his Custody or Possession any Spirits whatsoever, without having received and delivered to the proper Officer a legal Permit with and for the same; or any Foreign or Colonial Spirits, except Colonial Spirits for the Purpose of being rectified or compounded, and sold by such Rectifier or Compounder as and for Spirits of Wine or compounded Spirits, every such Rectifier or Compounder of Spirits shall (over and beside all other Penalties and Forfeitures) forfeit and lose for every such Offence the Sum of Five hundred Pounds, or the Sum of Twenty Shillings for each and every Gallon of such Wort, Wash or other fermented Liquor, or Materials prepared or fit for the Purpose, or capable of being distilled into Low Wines or Spirits, or of the Low Wines or Spirits so distilled as aforesaid, or of the Spirits received without being accompanied with a true and legal Permit, delivered to the proper Officer as aforesaid, or of the Foreign or Colonial Spirits, except as aforesaid, as the Case may be, at the Election of the Commissioners of Excise, or of the Person who shall sue or prosecute for such Penalty; and the Licence of every Rectifier or Compounder of Spirits, who shall be a Second Time convicted of any of the Offences aforesaid, shall upon such Second Conviction be deemed void to all Intents and Purposes; and such Rectifier or Compounder shall not be capable of

receiving

receiving any further or renewed Licence as a Rectifier or Compounder of Spirits for the Period of Three Years from the Date of such Second Conviction.

What Persons deemed Recti

fiers or Compounders.

CIII. And be it further enacted, That no Person or Persons shall be deemed a Rectifier or Compounder of Spirits, within the Meaning of this Act, who shall not have at least One entered Still capable of containing in the Body thereof, exclusive of the Head, One hundred and twenty Gallons at the least, nor unless such Still shall have a suitable Worm and Worm Tub affixed thereto, and shall be really and bona fide used for the rectifying or making of British Compounds for Sale by such Person or Persons; and any Carrying on Person who shall carry on the Business of a Rectifier or Com- Business conpounder of Spirits, contrary to the Directions of this Act, shall trary hereto. be subject and liable to, and shall incur all the Penalties and Forfeitures by this Act inflicted on Persons using or working any unlicensed Still.

Penalty,

Rectifiers or
Compounders

having undue
Conveyances to
or from Stills,
or not paying
for Locks and

Fastenings.

breaking Locks Fastenings.

CIV. And be it further enacted, That no Rectifier or Compounder of Spirits shall have or keep any Opening, fixed Pipe or other Conveyance whatever, leading to any Still or Stills belonging to or used by such Rectifier or Compounder, other than and except one charging Pipe to each such Still; nor shall have or keep any Opening, fixed Pipe or other Conveyance whatever, leading from any such Still or Stills, save and except the Discharge Cock to each Still respectively belonging, and the Head of such Still terminating in the Worm; and proper Locks and Fastenings shall be provided and maintained by the proper Supervisor of the District, at the Expence and Charge of every such Rectifier or Compounder, for properly and sufficiently locking and securing the Charge and Discharge Cock of each and every Still respectively used by such Rectifier or Compounder, which Locks and Fastenings shall be locked and sealed by the proper Officer of Excise, and shall be and remain always so locked and sealed when the Still is at Work; and if any such Rectifier or Compounder shall have Obstructing or keep any such Opening, fixed Pipe or other Conveyance (not Officer or before excepted) leading to or leading from such Still or Stills, or shall refuse to pay for and maintain such Locks and Fastening as aforesaid, or shall prevent or hinder the Officer from affixing any Lock or Fastening as aforesaid, or 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 or Compounder shall for every such fixed Pipe, Opening or Conveyance (not before excepted), and for every such Lock, Seal or Fastening, forfeit and lose the Sum of Two hundred Pounds. CV. And be it further enacted, That every such Rectifier Rectifiers or or Compounder of Spirits shall, before beginning to draw off any Compounders. Spirits from any Still or Stills, charge the same with a Quantity unduly chargof Liquor, in the Proportion of not less than Seven Parts in Ten of ing or working the whole Quantity of Liquor which any such Still, including the Head, is capable of containing; and every such Still shall remain and continue so charged until the Rectifier or Compounder shall begin to draw off Spirits therefrom; and every such Still shall be worked off within Sixteen Hours, to be computed from the Time of the Officer's taking the Gauge thereof respectively and if any such Rectifier or Compounder shall begin to draw off any Spirits

E e 4

from

Penalty.

Stills off.

Penalty.

Rectifiers or Compounders not duly causing Heads of Stills to be taken off,

(Exception)

or unduly putting on such Heads,

Penalty.

Receiving or buying Spirits

otherwise than as herein directed.

from any Still or Stills not so charged, or shall not work off the same respectively within such Sixteen Hours, such Rectifier or Compounder shall forfeit and lose the Sum of One hundred Pounds.

CVI. And be it further enacted, That every such Rectifier or Compounder of Spirits shall take off or cause to be taken off, the Head or Heads of any Still or Stills, except any Still or Stills whose Head is soldered or permanently fixed to the Body of such Still, when and so soon as any such Still or Stills shall have ceased to be worked; and the Head or Heads of such Still or Stills shall in no Case, nor on any Pretence or on any Account, be put on such Still or Stills, until each such Still shall be again charged and ready to work, nor shall any Still be again worked by any Rectifier or Compounder until the Officer shall have examined the Quality of the Spirits then in each such Still; and if any such Rectifier or Compounder shall neglect to take off each and every Head from each respective Still, except as aforesaid, within Twelve Hours after each such Still shall have ceased to be worked, or shall in any Case or on any Pretence or Account whatsoever, put on any such Head or Heads on any Still or Stills, before such Still or Stills shall be charged and ready to work, or shall work any Still or Stills before the Officer shall have examined the Quality of the Spirits then in such Still or Stills, every such Rectifier and Compounder, so offending, shall for each and every such Offence forfeit and lose the Sum of One hundred Pounds.

CVII. And for the more effectually preventing the receiving or buying by any Person whomsoever of Spirits from Persons privately distilling, or unlawfully importing or landing the same; Be it further enacted, That if any Rectifier or Compounder of, or any Dealer in or Retailer of Spirit, or any other Person whomsoever in any Part of England, shall receive or buy, or shall procure or employ any Person to receive or buy any Spirits from any Person or Persons whomsoever, except from some licensed Distiller, Rectifier or Compounder of Spirits, whose Name shall be painted over the outward Door of his Stillhouse, Storehouse, Warehouse, Shop, Cellar, Vault or other Place, in Manner required and directed by this Act, or from some licensed Dealer in, or Retailer of Spirits, or at some public Sale of Spirits condemned and sold under the Direction of the Commissioners of Excise or Customs, every such Person so offending shall for every such Offence forfeit and lose the Sum of Five hundred Pounds: Provided always nevertheless, that nothing herein contained shall extend or be construed to extend to make any Person or Persons liable to the aforesaid Penalty of Five hundred Pounds, for or by Reason of the Receipt or Purchase of any Foreign or Colonial Spirits, or British Spirits, brought into England from Scoton Importation. land or Ireland, under the Provisions of this Act, whilst the

Penalty.

Proviso for Purchase of Spirits whilst on Quays, or in Warehouses in which lodged

same shall be lying openly on the lawful Quays on which such Spirits respectively shall have been first landed upon the Importation thereof, or Removal thereof from Scotland or Ireland, or in any Warehouse or Warehouses in which such Foreign or Colonial Spirits shall be or may have been deposited by such Seller according to Law; every such Seller of British Spirits imported into England from Scotland and Ireland respectively,being at that Time duly licensed under this Act as a Dealer in Spirits. CVIII. And

Officers may enter Places used by Rectifiers, &c. and

take Accounts

Officers to take'. Account of the Stocks of Rectifiers, Com

pounders and

CVIII. And be it further enacted, That it shall and may be lawful to and for all and every the Officers of Excise, from time to time and at all Times by Day or by Night, upon his or their Request, but if in the Night in the Presence of a Constable or other Officer of the Peace, to enter into all and every the Houses, and Samples, Warehouses, Storehouses, Rooms, Shops, Cellars, Vaults and other paying for Places, made use of by any Rectifier or Compounder of, or Dealer same. or Dealers in, or Retailer or Retailers of Spirits, for the laying or keeping of any Spirits; and by tasting, weighing, gauging or otherwise, to take an Account of the Quantity and Quality and Strength respectively, of all or any such Spirits which shall at any Time be in his, her or their Custody or Possession, and to take at any Time or Times a Sample or Samples of any such Commodities, paying for the same the usual Price thereof, if demanded. CIX. And be it further enacted, That every Officer of Excise shall, as often and at such Times as he may think fit, take an accurate and true Account of the Quantity and Strength of all Spirits in the Stock, Custody or Possession of all and every Rectifier or Compounder of or Dealer in Spirits, and shall compute the Dealers, as same at the Strength of Hydrometer Proof; and if, after making often as they Allowance for the Spirits for which Permits shall have been granted may think fit. since the last Account taken of the Stock of such Rectifier or Compounder or Dealer, computing the same at the Strength aforesaid, it shall be found that the Quantity of Spirits remaining in the Stock, Custody or Possession of such Rectifier or Compounder or Dealer, shall exceed the Quantity for which such Rectifier or Compounder or Dealer shall have Credit in the Books of the proper Officer, whether such Credit shall have arisen from what was on Hand at the last preceding Account taken, or from what may have been lawfully received subsequent thereto, such Excess shall be deemed and taken to be Spirits illegally received, and a Quantity of Spirits of the like Kind, equal to such Excess, shall and may be seized out of any Part of the Stock of such Rectifier or Compounder or Dealer, by any Officer or Officers of Excise; and the Rectifier or Compounder or Dealer in whose Stock, Excess found, Custody or Possession, such Excess shall be found, shall forfeit and lose the Sum of Twenty Shillings per Gallon, for every Gal- Penalty. lons of such Excess; and if there be any Decrease in such Stock not duly accounted for, by Spirits sent out with Permit, and exceeding Five per Centum on the Balance or Stock left on Hand at the last preceding Account, together with the Quantity since lawfully received, the Rectifier or Compounder or Dealer, in whose Stock such Decrease is found, shall forfeit and lose the Sum of Twenty Shillings per Gallon, for every Gallon of such Deficiency. CX. Provided always, and be it enacted, That if any Still of Spirits proany Rectifier or Compounder of Spirits shall happen to be charged duced from and at work at the Time when any Officer shall take Account of the Stock of any such Rectifier or Compounder, then and in every such Case all the Spirits produced from that Charge of the Still shall be kept separate and apart from the Rest of such Stock, till the Account of the Rest of such Stock shall have been completely taken, after which the Spirits of or produced from that Charge shall be added to such Stock.

CXI. And

Undue Decrease in Stock.

Penalty.

Stills at work when Stocks are taken, add

ed to Stock.

Rectifiers, &c.

receiving Spi

rits, breaking Bulk before Officer to

whom Notice
shall be given
take an Ac-
count of

Strength and
Quantity.

Not giving

CXI. And be it further enacted, That no Rectifier or Compounder of or Dealer in Spirits receiving any Spirits, or any Retailer of Spirits receiving any Spirits of any less Quantity than a Cask containing Eighty Gallons, into his, her or their Custody or Possession, shall break Bulk, or draw off any Part thereof, or add Water or any Thing thereto, or in any respect alter the same, or tap or open any of the Casks so received, or alter or change any of the Packages containing any Spirits, or the Spirits therein removed, until the proper Officer or Officers of Excise shall have taken an Account of the Strength and Quality thereof; and every such Rectifier or Compounder, or Dealer or Retailer as aforesaid, shall, on the Receipt of any Spirits, give Notice thereof to the proper Officer of Excise, and shall deliver to such Officer the Permit received by them with such Spirits, whereupon such Officer shall attend and take an Account of the Strength and Quality of such Spirits; and if any such Rectifier or Compounder, Dealer or Retailer, who shall receive any such Spirits as aforesaid, into his, her or their Custody or Possession, shall fail to give such Notice and deliver such Permit as aforesaid, or shall break Bulk or draw off any Part of such Spirits, or add Water or any Thing thereto, or in any respect alter the same, or tap or open any of the Casks, or alter or change any of the Packages containing any such Spirits, or the Spirits therein removed, until the proper Officer or Officers of Excise shall have taken an Account of the Strength and Quantity thereof, all such Spirits or a Quantity equal thereto, shall be forfeited, and shall and may be seized out of any Part of the Stock of such Rectifier or Compounder, Dealer or Retailer, by any Officer or Officers of Excise; and every such Rectifier or Compounder, Dealer or Retailer, so offending, shall for every such Offence forfeit and lose the Sum of Two hundred Pounds: Provided always, that in case the proper Officer of Excise shall Officer do not neglect to attend, for the Purpose of taking such Account as aforesaid, within Two Hours after receiving such Notice, no Forfeiture or Penalty shall be incurred for any such Offence.

Notice to Officer, or otherwise offending in respect of the said Matters.

Penalty.
Proviso if

attend.

Rectifiers, &c.
not marking
Quantity and
Strength of

mixed or com

pounded Spi

rits on Casks, or marking them untruly, &c.

CXII. And be it further enacted, That in all Cases where the Strength of any Part of the Stock of any Rectifier or Compounder of Spirits, or any Dealer in or Retailer of Spirits, by being mixed or compounded with any Sugar, Syrup, Seeds, Fruit or any other Ingredients or Materials, cannot be easily ascertained by the Hydrometer, every such Rectifier or Compounder, Dealer and Retailer, shall immediately, or on being required by an Officer or Officers of Excise, cause the true Quantity and Degree of Strength of such Spirits so mixed to be legibly marked on the Outside of the Cask or Casks, or Vessel or Vessels containing the same respectively; and if the Strength of such Spirits shall be found to have been untruly marked by such Rectifier or Compounder, Dealer or Retailer, on the Outside of such Cask or Casks, or Vessel or Vessels; or if such Rectifier or Compounder, Dealer or Retailer shall, upon being required by the Officer or Officers of Excise as aforesaid, neglect immediately to mark the Quantity and Degree of Strength of such Spirits as aforesaid, or not continue such Mark until all the Spirits in such Cask or Vessel shall be removed and taken therefrom, such Spirits, Syrup, Seeds, Fruit and other Ingredients, together with the Casks and Vessels con

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