of November in every Year.

Licences to be renewed annually.

Making Wort or Wash, or

working Stills,

&c. without Licence,

Penalty;
Distillers, 2001.

Rectifiers or

Compounders,

&c. 1001.

Persons in Partnership need to take out only One Licence for One House or Place.

be granted on the First Day of November, or on any Day after the First Day of November and before the Tenth Day of November in any Year, beginning with the First Day of November next, or on the Tenth Day of February, or on the Tenth Day of May, or on the Tenth Day of August, in any Year: Provided always, that any such Licence granted on the First Day of November, or after the First Day of November and before the Tenth Day of November, in any Year, shall expire on the Ninth Day of November in the subsequent Year; and any such Licence granted on the Tenth Day of February, or the Tenth Day of May, or the Tenth Day of August, in any Year, shall expire on the Ninth Day of November following the Date of such Licence respectively; and that every Licence for the distilling of Spirits for Exportation shall be granted at such Times, and shall continue for such Periods, as are required or directed with respect to such Licences by any Act or Acts in force immediately before the passing of this Act.

IX. And be it further enacted, That it shall not be lawful for any Person having obtained any Licence under this Act, to continue to prepare or make any Wort or Wash, or to distil, rectify or compound any Spirits, or to make or use any Still as hereinbefore mentioned, after the Expiration of such Licence, until such Person shall have obtained a new Licence, paying down the like Sum for each and every new or renewed Licence, as is by this Act required for the first Licence, in manner and at the Places and Times beforementioned, and so in every Year so long as such Person shall continue the Business of a Distiller, Rectifier or Compounder, or shall make or use any Still or Stills respectively.

any

X. And be it further enacted, That if any Person or Persons in Part of Scotland, shall after the said Tenth Day of November One thousand eight hundred and twenty two, prepare or make any Wort or Wash from any Sort of Materials whatsoever, or employ or work any Still or Stills for the making or manufacturing of Low Wines or Spirits, or for the rectifying or compounding of Spirits, without having first taken out a Licence for that Purpose, or shall not renew the same once in every Year in manner aforesaid, so long as he shall continue the Business of distilling, rectifying or compounding Spirits, or shall make or use any Still or Stills respectively, every such Person shall forfeit and lose the several and respective Penalties hereinafter mentioned for each and every such Offence; that is to say, every Distiller in Scotland for sale therein, or for Exportation therefrom, so offending, shall forfeit the Sum of Two hundred Pounds; every Rectifier or Compounder of Spirits in Scotland, or Person making or using any Still or Stills as aforesaid, so offending, shall forfeit the Sum of One hundred Pounds.

XI. Provided always, and be it enacted, That Persons in Partnership, and carrying on Trade and Business in one House or Place only, shall not be obliged to take out more than One such Licence in any One Year, for carrying on such Trade in such House or Place; and that no one Licence which shall be granted by virtue of this Act shall authorize or empower any Person or Persons to whom the same shall be granted, to prepare or make Wort or any Wash, or to distil any Low Wines or Spirits, or to rectify or compound any Spirits, or to make or use any Still or Stills in any other

House

House or Premises than the House or Premises mentioned in such
Licence, and in no other House, Place or Premises whatever.
XIL Provided always, and be it enacted, That upon the In-
solvency, Bankruptcy or Death of any Person, so licensed as a
Distiller, Rectifier or Compounder of Spirits, or upon the Removal
of any Person so licensed from the entered House or Premises in
which the Licence shall authorize such Person to prepare or make
Wort or Wash, or to distil Low Wines or Spirits, or to rectify or
compound Spirits, it shall and may be lawful to and for the Com-
missioners of Excise in Scotland for the time being, or any One or
more of them, and to and for the several Collectors and Super-
visors of Excise in Scotland, within their respective Collections
and Districts, to authorize and empower the Assignees of such In-
solvent, or the Factor or Factors, Trustee or Trustees of such
Bankrupt on his sequestrated Estate, or the Executors or Ad-
ministrators, or the Wife, Child or lawful Heir of such deceased
Person, or the Assignees or Assigns of any such Person so remov-
ing, who shall be possessed of such House or Premises, in like
manner to prepare or make Wort or Wash, or to distil Low Wines
or Spirits, or to rectify or compound Spirits in the same entered
House or Premises, where such Person so licensed by virtue of
such Licence carried on such Trade during the Residue of the
Term for which such Licence was originally granted, without tak-
ing out a new Licence during the Residue of the said Term, but
subject to and under the same Terms, Conditions, Rules and Re-
gulations as the Person or Persons to whom such Licence was
originally granted.

XIII. And be it further enacted, That no Person or Persons shall be capable of taking out or receiving a Licence as a Distiller for Home Consumption in Scotland, save only the actual Owner or Owners of the Still or Stills intended to be worked by virtue thereof, and of the Implements, Backs and Vessels to be employed or used in carrying on the Trade or Business of a Distiller; and every such Person or Persons demanding such Licence, shall take and subscribe an Oath before One or more of the Commissioners of Excise in Scotland, or any Justice of the Peace for the County in which such Person or Persons shall reside (and which Oath such Commissioners or Justice are and is hereby empowered to administer,) that the said Still or Stills and Implements, Backs and Vessels to be used, are his, her or their own Property, and that the Trade or Business intended to be carried on is at his, her or their Risk, and on his, her or their own Account; and in every Licence which shall be granted by virtue of this Act, there shall be expressed and specified the Christian Name or Names, and the Surname or Surnames of the Person or Persons to whom the same shall be respectively granted, the Place or Places of his, her or their respective Residence, and the House or Place, and the Name of the particular County and Parish in which such House or Place shall be situate, where such Still or Stills are intended to be employed, worked or used, together with the respective Contents or Capacities of every such Still, and specifying for what particular Use each respective Still is intended to be employed, whether it be for the Distillation of Wash, or for the Distillation of

Low

Assignees of

Insolvents
and Executors,
&c. of Persons
having Licences
may carry on
Trade till Li-
cences expire.

Persons applying for Licences to swear

that Stills, &c. are their own

Property, &c.

Particulars to

be specified in

Licences.

+ Sic.

Wash Stills used
as Low Wine
Stills, and con-
trariwise, on
Notice; One
Still only
licensed for

and Low

Wines.

Low Wines, and also specifying the Gravity of the Wort or Wash which such Distiller shall declare in Writing to be his Intention to brew or prepare during the whole Continuation of his Licence, and also the Number of Gallons of Spirits to be produced from every One Hundred Gallons of Wash, in Proportion to such Gravity, in the Distillery for which such Licence shall be granted, and also specifying the Sum paid for the Duty for such Licence, and the Time of commencing, and when such Lease † shall cease and expire.

XIV. Provided always, and be it enacted, That notwithstanding any thing contained in any Licence granted under this Act, any Wash, Still or Stills in the Distillery of any Distiller licensed under this Act, may be used in the Distilling of Low Wines, and that any Low Wine Still or Stills in the Distillery of such Distiller may be used in the distilling of Wash, provided that Twelve Hours' distilling Wash previous Notice thereof shall be given by the Distiller to the proper Officer of Excise, and that the Cause for such Alteration shall be truly stated in the said Notice; and that nothing in this Act contained shall extend or be deemed or construed to extend to prevent the employing or using of one and the same Still for the Distillation of Wash, and for the Distillation of Low Wines in the Distillery of any Distiller licensed under this Act: Provided such Distiller shall declare the Intention of so doing at the Time of obtaining such Licence as aforesaid, and so as such Intention shall be specified in such Licence; any thing in this Act contained to the contrary thereof in any wise notwithstanding.

Proviso.

Distillers, &c. before obtaining

Licence to

make Account
and Entry of
Places and
Utensils to be

used, not to use

Utensils for

other Purpose
than that
specified.

Gravity of

Wort and other

Matters to be

XV. And be it further enacted, That every Person requiring any Licence under this Act, as a Distiller, Rectifier or Compounder of Spirits, shall, before obtaining any such Licence, make out, sign and deliver at the nearest Office of Excise for the District, within the Limits of which the Distillery, Workhouses, Storehouses or other Places of such Distiller, Rectifier or Compounder respectively are situated, an Account and Declaration in Writing, to be entered and registered in the said Office of Excise, and which Account and Declaration shall specify and contain the Name or Names, and Place or Places of Abode of all the Persons requiring such Licence, and of all the Partners in the Concern, and shall be signed and subscribed by each and every such Partner; and such Account and Declaration shall also describe every Distillery, Storehouse, Warehouse, Building, Room or other Place intended to be made use of in carrying on the Business of such Distiller, Rectifier or Compounder (as the case may be), and also all Coppers, Tuns, Backs, Coolers, Stills, Casks, Vessels and other Utensils, which such Distiller, Rectifier or Compounder respectively shall make use of for brewing, mixing, fermenting, distilling, rectifying, compounding or keeping any Wort, Wash, Low Wines, Spirits or Feints; and in every such Account and Declaration shall be specified the particular Purpose for which each such Copper, Tun, Back, Cooler, Still, Cask, Vessel and Utensil is intended to be used; and in such Account and Declaration every such Distiller shall set forth, specify and Declare at what Gravity of Wort or Wash such Distiller intends to work during the whole Continuance of his Licence, and shall declare his Consent to be charged with the Percentage on Spirits, to be pro

duced

Account.

duced from Wort or Wash according to the Gravity thereof, so set specified in forth, specified and declared and according to the Rates prescibed by this Act; and if any such Distiller, Rectifier or Compounder, shall neglect or refuse to make out, sign and deliver such Account and Declaration as aforesaid, or shall omit to specify and set forth in such Account and Declaration any of the Matters or Things hereinbefore required to be set forth and specified therein; or if after such Entry any Copper, Tun, Back, Cooler, Still, Cask, Vessel or Utensil mentioned in such Entry, shall be used in the Distillery, or other entered Premises of any such Distiller, Rectifier or Compounder respectively, for any other Purpose than that to which any such Copper or other Vessel or Utensil is in such Entry specified to be intended to be applied or used; every such Distiller, Rectifier, and Compounder respectively, shall for each and every such Offence forfeit and lose the Sum of Two hundred Pounds; and every such Vessel or Utensil, together with the Wort, Wash, Low Wines, Spirits or Feints found therein at the Time when the Offence shall be committed, shall and may be seized by any Officer or Officers of Excise.

Penalty, 2001. and Forfeiture of Utensils, &c.

In Entry of Premises, Places and distinguished by Letters or Numbers.

Utensils to be

XVI. And be it further enacted, That in every such Account and Declaration as aforesaid, every Building, Room, Place, Still, Copper, Cooler, Vat, Back, Vessel and Utensil whatsoever, shall be distinguished and described by a particular Letter or Number, and the Person making such Account shall paint or cause to be painted such respective Letter or Number, in a large and distinct Character, upon some convenient and conspicuous Part of the Walls or Doors of every such Building, Room or Place respectively, and upon some convenient and conspicuous Part of every such Still, Copper, Cooler, Vat, Back, Vessel or other Utensil kept and continued so painted, and from time to time, when Occasion shall require, or when required by the Supervisor of the District where situated, or by any General Supervisor or superior Officer, the same shall be renewed so long as the Entry thereof shall remain uncancelled, so that such Letter or Number so painted may be easily and readily observed and known by the Officer of Excise from time to time attending to survey the same; and that whenever any fixed Pipe or Pipes shall be used or employed in the Distillery, Buildings, Rooms or Places of any Distiller, Rectifier or Compounder, the Person making and delivering such Account shall, at the making and delivering the same, deliver with such Account, and as Part thereof, a Drawing or Drawings, or Description or Descriptions, distinctly shewing and exhibiting or explaining the Course, Direction, Construction and Use of all and every such Pipe and Pipes respectively, and of all and every Branch and Branches thereof, and of all and every Cock and Cocks thereon, together with the Place or Places, and Vessel or Vessels, and Utensil or Utensils respectively, from or to or with which the same lead or communicate; and Using Buildif any Building, Room, Place, Vessel or Utensil shall at any Time ings, Pipes, &c. be found to be used in the Distillery or entered Premises of any Distiller, Rectifier or Compounder, not having been so described or distinguished as aforesaid, or without such Letter or Number being or remaining so distinctly painted thereon as aforesaid; or if any Pipe or Pipes shall be found which shall not have been shewn in such Drawing or Drawings, or so described as aforesaid,

or

When fixed Pipes are used, their Course to

be described.

not described.

or different from or disagreeing with such Drawing or Drawings, or Description or Descriptions as aforesaid; every such Building, Room, Place, Vessel and Utensil respectively, shall be deemed and taken to be unentered, and the Person or Persons using the same shall for every such Offence forfeit and lose, over and above Penalty, 2001. all other Penalties and Forfeitures, the Sum of Two hundred Pounds.

No Rectifier, &c. to be licensed as a Distiller of Spirits for Home Consumption.

Rectifier not to

be a Distiller. Penalty, 2001.

No Person licensed as a Distiller to be

a Rectifier, &c. Penalty, 2001.

No Rectifier to be a Brewer,

Victualler, &c. and no Brewer, Victualler, &c.

to be a Rectifier.

XVII. And be it further enacted, That no Person or Persons carrying on the Trade or Business of a Rectifier or Compounder of Spirits, or of a Maker of Vinegar, or of a Common Brewer or Victualler, or of a Retailer of any Kind of Spirits in any Part of Scotland, shall have any Licence granted to him, her or them, as a Distiller of Spirits for Home Consumption; and if any Person or Persons, so long as he, she or they shall carry on or be concerned in the Business of a Rectifier or Compounder of Spirits, or of a Maker of Vinegar, or of a Common Brewer or Victualler, for brewing or selling of Beer or Ale, or of a Retailer of any Kind of Spirits, in any Part of Scotland, shall carry on, or be directly or indirectly concerned or interested in the Trade or Business of a Distiller of Spirits for such Home Consumption, every such Person shall for every such Offence forfeit and lose the Sum of Two hundred Pounds; and if any Person or Persons to whom any such Licences as a Distiller or Distillers shall be granted under this Act, in any Part of Scotland, for Consumption therein, shall at any Time or Times during the Continuance of any such Licence, carry on or be directly or indirectly concerned or interested in the Trade or Business of a Rectifier or Compounder of Spirits, or of a Vinegar Maker, or of a Common Brewer or Victualler, or of a Retailer of any Kind of Spirits, every such Person shall for every such Offence forfeit and lose the Sum of Two hundred Pounds.

XVIII. And be it further enacted, That if any Person or Persons, in any Part of Scotland, shall at one and the same Time carry on the Trade or Business of a Rectifier or Compounder of Spirits, with that of a common Brewer or Victualler, or of a Retailer of any kind of Spirits, or Vinegar Maker, or shall be directly or indirectly concerned or interested therein; or if any Persons shall at one and the same Time carry on the Trade or Business of a common Brewer or Victualler, or of a Retailer of any kind of Spirits or Vinegar Maker, with that of a Rectifier or Compounder of Spirits, or shall be directly or indirectly concerned or interested therein, every such Person or Persons as aforesaid Penalty, 2001. shall, for every such Offence, forfeit and lose the Sum of Two hundred Pounds.

Distillers while distilling, &c.

not to be Dealers in Spirits, within the limits herein mentioned,

nor permit any come a Dealer in Spirits within their Premises,

Person to be

&c.

XIX. And be it further enacted, That it shall not be lawful for any Distiller, licensed under this Act, at any Time while any Still shall be at Work, or any Materials fit for Distillation remaining in the Distillery of such Distiller, to be licensed as a Dealer in Spirits, whether the entered Distillery of such Distiller is within the Distance of Two Miles thereof; and if any such Distiller shall, within the Distillery of such Distiller, or the entered Premises thereto belonging, or in any House or Place within the Distance of Two Miles of such Distillery, during such Time, keep any Spirits not distilled in the Distillery of such Distiller; or if any such licensed Distiller shall, during such Time, make Entry, or shall permit or