subject and liable to, and the same are hereby made subject and liable to, and chargeable with, all Duties of Excise in arrear and owing by such Distiller, for or in respect of any Wort, Wash or Spirits respectively made, prepared or distilled in the Distillery of such Distiller; and shall also be subject to all Fines Penalties and Forfeitures incurred by such Distiller for any Offence against the Provisions of this Act; and it shall and may be lawful in all such cases to levy such Duties, Fines and Penalties, and to use such Proceedings as it may be lawful to do in case the Debtors or Offenders had been truly and really the Owners and Proprietors of the Stills, Vessels and Utensils. 45 G.3. c.100. and former CVI. Provided always, and be it enacted, That nothing in this Proviso for st. Act contained shall extend, or be deemed or construed to extend, 28 G.3. c.46. to repeal or in any manner to alter or affect so much of an Act made in the Twenty eighth Year of the Reign of His late Majesty King George the Third, among other things, for better regulating the Exportation of British made Spirits from England to Scotland, and from Scotland to England, as was or remained in force immediately before the passing of this Act, nor to repeal or alter or affect so much of another Act, made in the Forty fifth Year of the Reign of His said late Majesty, among other things, for better Laws relating regulating the distilling of Spirits in England for Exportation to to Exportation Scotland, and in Scotland for Exportation to England, as was or re- of Spirits bemained in force immediately before the passing of this Act, nor to tween England the repeal, alter or affect any other Law or Laws in force inime- and Scotland. diately before the passing of this Act, relating to Distillers making + Sic. or distilling Spirits in England for Exportation from thence to Scotland, or in Scotland for Exportation from thence to England, or relating to such Spirits so made or distilled for such Exportation respectively; any thing hereinbefore contained to the contrary in any wise notwithstanding. without Licence; Licence. CVII. And for the better enabling the Officers of Excise to Chemist, &c. detect the fraudulent Use of Stills by Chemists, and the making not to use Stills of Stills for the Use of private and illicit Distillers, be it further enacted, That from and after the Ninth Day of November One thousand eight hundred and twenty two, no Person or Persons in any Part of Scotland shall use any Still or Stills in carrying on the Trade or Business of a Chemist, or any other Trade or Business requiring the Use of any Still or Stills (except that of a Distiller, Rectifier or Compounder of Spirits); and that no Person or Persons or make shall make any Still in Scotland, unless such Person carrying on the Stills without Trade of a Chemist, or such other Trade as aforesaid, or making any such Still, shall first take out a Licence, for using or making such Stills respectively; and that such Licence shall be granted at Who are to the Places and by the Person or Persons authorized and required grant Licences. by this Act to grant Licences to Persons carrying on the Business of a Distiller, Rectifier or Compounder of Spirits, and which Licence such Person or Persons is and are hereby required to grant accordingly, to every Chemist or Maker of Stills applying for the same, upon the Payment of the Duty of Ten Shillings for each and every such Licence respectively; and every such Licence shall re- Continuance main and continue in force for One Year from the Date thereof; of Licence. and every such Person or Persons respectively who shall take such Fresh Licence Licence as aforesaid, is and are hereby required to take out a fresh Yearly. Licence U 4 Licence of Using Still of greater Capacity than 50 Gallons. Penalty, 2001. Using Still without Licence, or in other than usual Residence. Penalty, 1001. Proviso for Li cences for Stills of greater Capacity than 50 Gallons for carrying on Chemical Experiments, &c. Subject to Unduly using such Stills. Penalty. Licence Ten Days at least before the Expiration of Twelve Calendar Months after taking out the first Licence, and in like manner to renew every such Licence from Year to Year, paying the like Duty 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 hereinbefore mentioned. CVIII. And be it further enacted, That every Licence granted to any Person or Persons in Scotland, who shall carry on the Trade or Business of a Chemist, or any other Trade or Business requiring the Use of any Still or Stills (except that of a Distiller, Rectifier or Compounder of Spirits), shall specify the Name or Names, Trade and Business of the Person or Persons thereby licensed, and the Place where such Trade or Business is intended to be carried on, and the Number of Stills so licensed, if more than one, and the Capacity or Content of every such Still respectively; and no Chemist or other Person or Persons (except as aforesaid) shall use or have in his, her or their Custody or Possession, in any Part of Scotland, any Still or Stills of any greater Capacity or Content than that of Fifty Gallons English Wine Measure, upon Pain of forfeiting the Sum of Two hundred Pounds for every such Still; and if any such Chemist or other Person or Persons (Distillers, Rectifiers and Compounders excepted), shall use any Still or Stills for any Purpose whatever without first taking out such Licence for the same, or shall make use of any other Still or Stills than such as shall be specified in such Licence, or shall make use of any such licensed Still or Stills at any Place other than the Place which shall be specified in the said Licence, or in any House or Place other than his, her or their usual Dwelling or known Place of carrying on his, her or their Trade and Business, every such Person or Persons shall for every such Offence respectively forfeit and lose the Sum of One hundred Pounds. CIX. Provided always, and be it enacted, That if it shall be made appear to the Satisfaction of the Commissioners of Excise in Scotland, that any useful Processes or Experiments in Chemistry in any Part of Scotland shall require a Still or Stills of greater Content or Capacity than that of Fifty Gallons English Wine Measure as aforesaid, it shall and may be lawful to and for the said Commissioners of Excise to grant or authorize and direct a Licence to be granted to the Owner or Owners of such Chemical Work or Works, to use for the Purposes aforesaid a Still or Stills of larger Content or Capacity than as aforesaid; and that it shall and may be lawful for any Officer or Officers of Excise, at all Hours in the Day Time, to visit such Work or Works, and such Still or Stills, belonging to any Person or Persons licensed under the Authority of this Act, and to examine by all proper means the Liquor or Matter coming from the said Still or Stills, but not to open the said Still or Stills unless the said Officer or Officers shall not otherwise be allowed to examine the Liquor or Matter coming from the said Still or Stills; and if any such Still or Stills shall at any Time be used or employed for the Purpose of distilling Wort, Wash, Low Wines or Spirits, contrary to the true Intent and Meaning of this Act, such Still or Stills, and all Utensils belonging thereto, shall be forfeited, and shall and may be seized by any Officer or Officers of Excise, and the Owners and Users thereof shall be subject and liable to all the Pains and Penalties made and provided by this Act against Persons working with unlicensed Stills. CX. And CX. And be it further enacted, That before any Person in Scot- Still Makers to land shall make any Still, such Person shall take out a Licence for take out a that Purpose, as before mentioned, and shall permit and allow any allow Officers Licence; to Officer or Officers of Excise, at all Hours in the Day Time, to enter to examine their any Workhouse, Shop or other Place made Use of by such Person Stills; and to for making or keeping Stills, and to inspect and examine the same; give Notice to and all Stills which shall be used by any Person or Persons so li- Officers of Excise, that censed, shall be made of Copper only, and not of any other Metal; Stills may be and every such Maker or Makers of Stills shall stamp his, her or gauged and their Name or Names, and the progressive Number, and the Con- stamped. tent or Capacity of every Still made by him, her or them, upon the Shoulder of every such Still; and in order that the Content of the said Still or Stills may be distinctly ascertained, the said Maker or Makers shall, and he, she and they is and are hereby required, within Three Days after finishing any Still, to give Notice to the proper Supervisor or Officer of the District or Division where such Still hath been so made, that the same is ready to be gauged and stamped; and such Supervisor or Officer is hereby required, within Three Days after such Notification, to gauge such Still, and to grant a Certificate, specifying the progressive Number, Content and Maker's Name of such Still; and in case any such Maker or Makers shall not take out such Licence as aforesaid, or shall make any Still of any Metal other than Copper, or shall neglect to give such Notice to the Supervisor or Officer as aforesaid, or shall in any respect offend in any of the Particulars aforesaid, such Maker or Makers shall for each and every such Offence forfeit and lose the Sum of Fifty Pounds. Penalty, 501. to Officers. CXI. And be it further enacted, That if any Person or Persons Importing Stills shall import or bring any Still or Stills into Scotland, from England into Scotland or Ireland, or from Foreign Parts, such Person or Persons shall, to give Notice within Three Days after the Arrival of such Still or Stills, give Notice of the same, and of the Place where the same is deposited, to the proper Supervisor or Officer of the District or Division, and such Supervisor or Officer shall, within Three Days after the Receipt of such Notice, gauge and cause to be stamped the said Still or Stills, in the same manner as hereinbefore directed in the case of a Still or Stills being made in Scotland; and if any Person who shall so import or bring any Still or Stills into Scotland, shall neglect or omit to give such Notice thereof as aforesaid, such Person shall forfeit and lose the Sum of Fifty Pounds for every Penalty, 501. Still so imported or brought. having been gauged, &c. forfeited, and CXII. And be it further enacted, That in case any Still or Stills Stills found in shall be erected and made use of, or be found in the Custody or Custody without Possession of any Person or Persons in Scotland, without having been previously gauged by the proper Officer of Excise, and marked in the manner hereinbefore mentioned, every such Still shall be forfeited, and shall and may be seized by any Officer or Officers of Excise, and the Owner and Owners thereof shall also forfeit and pay the Sum of Two hundred Pounds, over and besides Penalty, 2001. all other Penalties and Forfeitures imposed by this Act for the unlawful using the same. CXIII. And be it further enacted, That in case any Officer or Officers of Excise shall know or have cause to suspect that any private or concealed Still, or any Back, Vat, Cooler or other Ves sel, Officer knowing or suspecting private Still, &c. and making Oath thereof before Justice, Warrant to break open suspected Houses, and seize Stills, &c. If not claimed within Ten Days, forfeited, and Penalty, 2001. for every such Place and Still, &c. found therein, Obstructing Penalty, 2001. Officers of Ex. cise may search for and seize private Stills, &c. without a sel, or any Spirits, Low Wines, Wort or Wash, or other Materials preparing or prepared for Distillation, are set up or kept in any House or Place by any Person not licensed under this Act, then and in such case, upon Oath made by such Officer or Officers before One or more Justice or Justices of the Peace of the County, City or Place where such Officer or Officers shall suspect the same to be set up and kept, setting forth the ground of such his or their Suspicion, it shall and may be lawful to and for the Justice or Justices before whom such Oath shall be made, if he or they shall judge it reasonable, by special Warrant under his or their Hands and Seals, to authorize and empower such Officer or Officers, by Day or by Night, to break open the Doors or any Part of such House or Place, where he or they shall so know or suspect that such private or concealed Still, Back, Vat, Cooler or other Vessel, Spirits, Low Wines, Wort, Wash or Materials for Distillation, are so set up or kept, and to enter into such House or Place, and to seize all and every such Stills, Backs, Vats, Coolers and other Vessels, and all such Spirits, Low Wines, Wort, Wash and other Materials, preparing or prepared for Distillation, which shall be there found and discovered, and either to detain and keep the same in the House or Place where found, or to remove the same to the Office of Excise next to the Place where the same shall be so discovered and found; and in case the same shall not within Ten Days next after such Seizure be claimed by some Person as the true and lawful Owner thereof, then the said Stills, Backs, Vats, Coolers and other Vessels, Spirits, Low Wines, Wash and other Materials for Distillation, shall be absolutely forfeited, and the Proprietor of any such private or concealed Still, Back, Vat, Cooler or other Vessel, or the Person in whose Custody the same shall be found, shall forfeit and lose for every Place in which every such Private Still, Back, Vat, Cooler or other Vessel shall be so found, and also for every such Still, Back, Vat, Cooler and Vessel found therein, the Sum of Two hundred Pounds; and if any Person or Persons shall obstruct, oppose, molest or hinder any Officer or Officers of Excise, or others acting in their Assistance, in the seizing any such private or concealed Stills, Backs, Vats, Coolers or other Vessels, or Spirits, Low Wines, Wort, Wash or other Materials for Distillation, or in detaining or keeping the same in the Place where found or in removing the same or any of them, after Seizure, to the next Office of Excise as aforesaid, then and in every such case every Person so offending shall forfeit the Sum of Two hundred Pounds. CXIV. Provided always, and be it enacted, That nothing herein contained shall extend, or be deemed or construed to extend, to make it unlawful for any Officer or Officers of Excise to search for and discover any private or concealed Still, Back or other Vessel, for the making, preparing or keeping of Wort, Wash, Low Wines or Spirits, or other Materials preparing or prepared for Distillation in any Part of Scotland, without such Warrant as aforesaid, or from seizing every such Still, Back or other Vessel, and all such Low Wines, Spirits, Wort, Wash and other Materials preparing or special Warrant. prepared for Distillation, which he or they shall so find and discover, or to do therewith in the same manner as aforesaid; and every such Person with whom the same shall be found, or who shall obstruct Warrant from Justices, and Proprietors subject to Penalties as if Officers had a obstruct any such Officer or Officers, or shall otherwise offend in any of the Particulars aforesaid, shall be subject and liable to the same Penalties and Forfeitures as if such Officer or Officers had been authorized by such Warrant as aforesaid; any thing hereinbefore contained to the contrary in any wise notwithstanding. Persons not being entered Distillers, Brewers or Vinegar as herein mentioned in 'CXV. And Whereas Wort or Wash, and other Materials fit and proper for Distillation, are often found in the Custody and Possession of Persons notoriously concerned in private and illicit Dis⚫tillation, and such Offenders frequently escape from the Penalties of the Law, by the Removal and Concealment of their Still or ⚫ Stills;' For Remedy whereof, be it enacted, That all and every Person and Persons in Scotland, not being a licensed Distiller, Brewer, or Vinegar Maker, in whose Possession any Quantity of Wort or Wash, fermenting or fermented, exceeding the Quantity of Twenty Gallons, or any Quantity whatever of Low Wines or Feints, shall Makers, having be found, shall severally forfeit and lose the Sum of One hundred Wash or Low Pounds, and all such Wort or Wash, Low Wines or Feints, together Wines or Feints with the Casks or Vessels containing the same, shall and may be seized by any Officer or Officers of Excise, which said Penalty of One hundred Pounds it shall not be lawful for any Justice or Justices of the Peace in Scotland, by or before whom such Person or Persons shall be convicted, under any Pretence whatsoever, to mitigate or lessen under Twenty Pounds; and if the Penalty ad- Mitigation judged against such Person or Persons be not forthwith paid down of Penalty. to the Prosecutor, or to the Person authorized by him to receive the same, such Justice or Justices of the Peace, by or before whom such Person or Persons shall be convicted, are hereby authorized and strictly enjoined and required immediately, by his or their Warrant, under his or their Hands, to commit such Offender and Offenders to the Gaol or Prison of the County, for any Time not Imprisonment. exceeding Twelve Months, nor less than Six Months, unless such Penalty shall be sooner paid. Possession. tillery. CXVI. And in order to deter persons from aiding or assisting Aiding and the Proprietors of private Stills in carrying on their fraudulent assisting in Practices, be it further enacted, That when any Officer or Officers private Disof Excise in Scotland shall at any Time discover and find any private or concealed Still, Back or Vessel, for the making, preparing or keeping of Wash, Low Wines or Spirits, or other Materials preparing or prepared for Distillation, and shall at the same Time discover in the Room or Place where such private Still, Back or other Vessel shall be so found, any Person or Persons knowingly aiding, assisting or any wise concerned in carrying on such private Distillation, every such Person and Persons so discovered shall (over and above all other Penalties and Forfeitures to which the Proprietor or Person in whose Custody or Possession the same shall be found, is subject and liable) forfeit and lose the Sum of Thirty Pounds each, for and in respect of every such Offence; and it shall and may be lawful for the Officer and Officers of Excise, and all other Persons acting in their Aid and Assistance, to stop, arrest and detain all and every the Person and Persons so discovered in such Room or Place, and to convey the said Person and Persons before One or Carried before more Justice or Justices of the Peace of the County, City or Place a Justice. respectively, wherein any such Person or Persons shall be so discovered as aforesaid; and it shall and may be lawful to and for such Justice Penalty, 301. above other Penalties. |