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the Place of Abode of the Perfon fo applying for fuch Licence, fuch Perfon fhall not be entitled to receive, nor fhall receive any fuch Licence, nor shall any fuch Licence be granted to fuch Perfon unless fuch Perfon, fhall at fuch Special or General Seffions produce and deliver to the Court a Certificate under the Hands and Seals of Two Magiftrates, both refiding within Seven Miles of fuch Perfon fo applying, or refiding nearest to the Place of Abode of fuch Perfon, ftating that fuch Perfon is in the Opinion of the faid Magiftraces, a fit and proper Person to be intrufted with the Sale of Spirituous Liquors, Wine, Beer, Ale, and Cyder, at fuch Place as fhall be mentioned in fuch Certificate; and that fuch Place is a proper Place for the Sale of fuch Spirituous and other Liquors; and if fuch Licence fhall be granted or refused to be granted at fuch Special or General Seffions, on fuch Application as aforefaid, fuch Licence or Refufal fhall be subject to all fuch Regulations, and to fuch Benefit of Appeal, and to fuch other Restrictions and Provifions as are contained with respect to Licences in the faid recited A&t of the Forty-fifth Year aforefaid, or in any A&t or A&ts for amending the fame.

Certificate of

Two neighbouring Magifirates.

XX. And be it further enacted, That in cafe any Spirits made or Irish Spirits not diftilled in Ireland, and on which all Duties payable by Law fhall not having paid have been fully paid and fatisfied, fhall at any Time after the paffing board Boats, &c. Duty, found on of this Act, be found on board any Boat or other Veffel, being in any in Harbours, may Port, Harbour, Haven, Creek, River, Canal, or Dock in Ireland, be feized and or within eight Leagues of the Shores of Ireland, all fuch Spirits, forfeited, and and the Boat or Veffel in which the fame fhall be found, with all her the Parties Tackle, Apparel, and Furniture, fhall be forfeited, apprehended, and be feized may and punishable by any Officer or Officers of Cultoms or Excife; and every Perfon for a Mifdewho fall be found on board, or difcovered to have been on board meaner. fuch Boat or other Veffel (other than and except fuch Perfon only who fhall have paid for, or bonâ fide agreed to pay for his Paffage, and who shall ro Way be concerned in the Property of the Boat or of the Spirits) fhall be deemed and taken to be guilty of a Mifdemeanor; and it shall be lawful for any fuch Officer or Officers, or any Perfon or Perfons acting in his or their Aid, to ftop, arreft, and detain all and every Perfon and Perfons whatever, fo found on board or discovered to have been on board fuch Boat or other Veffel, and to convey all and every fuch Perfon and Perfons before any Juftice of the Peace in Ireland refiding near the Place where any tuch Perfon fhall be so taken and arrefted; and it fhall be lawful for fuch Juftice of the Peace, and he is hereby required, upon Proof on Oath by One or more credible Witnefs or Witneffes that fuch Perfon was fo found, or taken, or discovered as aforefaid, (unless fuch Prfon fhall prove to the Satisfaction of fuch Juftice that he had paid for, or bonâ fide agrced to pay for his Paffage on board fuch Boat, or Veffel, and that he was no way concerned in the Property of fuch Boat or Veffel, or of the Spirits therein) to hold fuch Perfon to bail with two fufficient Sureties for the Appearance of fuch Perfon to anfwer to any Indi&ment or Information that may be brought against him in that Behalf; and in cafe any Perfon f liable to be held to bail fhall make Default in finding fuch fufficient Bail as aforefaid, or until fuch Bail fhall be found, it shall be lawful for fuch Jultice to commit fuch Perfon to the Gaol of the County, Town, or Place in which fuch Perfon fhall be arrested, to answer as aforefaid.

3

XXI. And

Penalty on Perfons re moving Spirits by Land, not having paid Duty; if not more than Five in Company, Mifdemeanor; if more than Five, or with Force, &c. Felony.

Stills exceeding
Fifty Gallons, or
Metal prepared
for Stills, fhall
be imported
into Ireland

only at Tobacco entered as Stills,

Ports; and

&c. and fhall

not be removed

from thence

without Permits.

XXI. And be it further enacted, That from and after the Expiration of Thirty Days after the Day of the paffing of this Act, if any Perfons fhall be found paffing in Company together in any Part of Ireland, knowingly and willingly having in their Cuftody any Spirituous Liquors diftilled in Ireland, on which all Duties payable by Law fhall not have been duly paid, or any unlicensed Still, Still Head, Worm, or Appendage to fuch Still, every fuch Perfon, if there fhail not be Five in the Whole, fhall be deemed guilty of a Misdemeanor, and fhall fuffer fuch Punishment as in other Cafes of Mifdemeanor is herein-before mentioned; or if there fhall be Five or more, or if any Perfon or Persons fhall carry any offenfive Arms or Weapons, or wear any Vizard, Mask, or other Disguise, when paffing with any fuch Spirituous Liquors, or unlicensed Still, Still Head, Worm, or Appendage to fuch Still in their Care, Cuftody, or Poffeffion, and fball carry fuch Spirits in any Cafk or Casks, or Jar or Jars, on the Side or Sides of any Horfe, or if any Two or more Perfons fhall be found affembled together armed with Fire Arms or other offenfive Arms or Weapons, in order to be aiding and affifting, or being aiding and affifting in illegally removing or carrying, or conveying any fuch Spirituous Liquore, unlicenfed Still. Still Head, Worm, or Appendage to fuch Still, or in refcuing any Perfon who fhall be apprehended for, or in the preventing the Apprehenfion of any Perfon who fhall be guilty of the fid Offences or any of them, every Perfon being legally convicted of fuch Offence, fhall be deemed, taken, and adjudged to be guilty of Felony, and shail for fuch Offence be transported for the Term of Seven Years.

XXII. And be it further enacted, That from and after the Expiration of Ten Days after the paffing of this Act, no Still, Pot, Pan, or Copper or Boiler, exceeding Fifty Gallons Content, or any Copper Metal or other Metal ready cut, prepared or fitted, fo as to be put together for the making of any Still, Pot, Pan, Copper or Boiler, or for the making of any Utenfil ufed or intended to be used, or fit or proper to be used, or which may be ufed or applied in the Procefs of diftilling Spirits, fhall be imported into any Port or Place in Ireland, except at fome Port into which Tobacco is by Law allowed to be imported; and that every Still, Pot, Pan, Copper or Boiler, exceeding Fifty Gallons Content, and all Copper Metal and other Metal fo cut, prepared or fitted as aforefaid, which from and after the Expiration of the faid Ten Days fhall be imported into any fuch Tobacco Port in Ireland, fhail there be entered as a Still, Pot, Pan, Copper or Boiler, or as being Copper or other Metal (specifying the Metal) cut, prepared, or fitted to be fo put together; and that it fhall not be lawful for any Perfon or Persons to take or remove any fuch Still, Pot, Pan, Copper or Boiler, or any fuch Copper Metal or other Metal fo entered from the Cuftom House of the Port at which the fame fhall be fo imported, without a Permit for the Removal of the fame from the proper Officer of the Excife, which Permit fuch Officer fhall grant without Fee or Reward; and fuch Permit fhall contain in the Body thereof the Name of the Perfon importing fuch Still, Pot, Pan, Copper, or Boiler, or fuch Copper Metal or other Metal, and the Name and Place of Abode of the Perfon or Perfons to whom, and the Place to which fuch Still, Pot, Pan, Copper or Boiler, or fuch Copper Metal or other Metal is intended to be fent, and alfo the Content

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in Gallons of fuch Still, Pot, Pan, Copper or Boiler or intended Still, Pot, Pan, Copper or Boiler, and of the Head thereof or other Appendage refpectively, if there fhall be any Head or other Appendage thereto; and the Perfon to whom any fuch Still, Pot, Pan, Copper or Boiler, or any fuch Copper Metal or other Metal fhall be conveyed fhall, within Forty-eight Hours after the Arrival of the same, deliver up the Permit under which the fame shall have been conveyed, to the proper Excife Officer of the Walk in which fuch Perfon fhall refide, and fuch Officer fhall thereupon grant a Certificate to fuch Perfon in lieu of fuch Permit; and in cafe any fush Copper Metal or other Metal fhall be fitted together, and fet up or fixed fo as to form a Still, Pot, Pan, Copper or Boiler, or fo as to form any Utenfil fit or proper to be used, or which can or fhall be used as a Still, Pot, Pan, Copper, or Boiler, the Perfon on whofe Premises the fame shall be fo fitted together, set up, or fixed, fhall within Forty-eight Hours give Notice thereof to the Collector of Excife of the District in which fuch Perfon shall refide; and if any fuch Still, Pot, Pan, Cop. per, or Boiler, or any Copper Metal or other Metal fo cut, prepared or fitted as aforefaid, fhall be imported into any other Port or Place in Ireland, except at fome Tobacco Port as aforefaid; or if any such Still, Pot, Pan, Copper or Boiler, or any fuch Copper Metal or other Mital fo cut, prepared or fitted as aforefaid, fhall be found conveying or conveyed, and for the Conveyance of which fuch Permit fhall not be produced, or fhall be found in the Cuftody or Poffeffion, Workhouse or Warehouse of any Brazier or Worker in Brass, Copper, Tin, or Metal of any Kind, or of any Hawker, Pediar, or Petty Chapman, or of any Distiller, or of any other Perfon or Perfons whatsoever with out fuch Permit or a Certificate thereof, or without fuch Notice having been given as aforefaid; then and in every fuch Cafe fuch Still, Pot, Pan, Copper or Boiler, or fuch Copper Metal, or other Metal fo cut, prepared or fitted as aforefaid, shall be forfeited, and may be feized by any Officer of Excife; and any Licence before fuch Time granted to any Perfon in whofe Cuftody or Poffeffion fuch Still, Pot, Pan, Copper or Boiler, or fuch Copper Metal or other Metal as aforefa'd shall be found, shall be and become null and void.

Four Commiffioners of Excife

empowered to

licenfe Stills

XXIII. And whereas it may be expedient for the better Col. lection of the Revenue, and the Suppreffion of clandeftine diftilling, to allow in certain Parts of Ireland, particularly where illicit Diltil⚫lation has prevailed, the Ufe of Stills of a lefs Size than Two hundred • Gallons Content in Manner and under the Restrictions herein con. tained;' Be it further enacted, That it fhall and may be lawful for the Commiffioners of Inland Excife and Taxes in Ireland, or any Four of them, to grant any Licence to any Person or Perfous in Ireland to keep and ufe, from and after the Twenty-ninth Day of September under 200 GalOne thoufand eight hundred and nine, any Still or Stills, the Body lons and not whereof, without the Head or any other Appendage thereto, fhall be less than so capable of containing less than Two hundred Gallons, and not lefs Gallons Content. than Fifty Gallons Content, in fuch Place or Places in Ireland as fuck Comm ffioners, or any Four of them fhall think proper, any Thing in any Act or Acts in force in Ireland to the contrary notwith ftanding; fubject, nevertheless, to fuch Reftrictions and Provifions as are hereinafter mentioned and contained.

XXIV. Provided always, and be it enacted, That no Perfon or Perfons fhall be licensed by the faid Commiffioners to keep or ufe

any

Such fmall Stills fhall not be

licensed within

Five Miles of a Still of 500

Gallons Content or upwards and under Regulations in feats.

46 G. 3. c. 88. 47 G. 3. ft. 2. c. 17.

If a Licence is granted for a Large Still

within Five Miles of a fmall Still licensed under this Act, the fmall one may be continued.

No Perfon fhall

be licensed to ufe both a great and fmall Still,

Monthly Charges on Stills in lieu of all former

Charges under

46 G. 3. c. 88.
§ 49: and

47 G. 3. it. 2.
c. 17. § 6.
[See Table

annexed to this
A8.]

any fuch Still or Stills, of a Content lefs than Two hundred Gallona in any Place or Part of Ireland within Five Miles of any Distillery Houfe or Place wherein any Still or Stiils of Five hundred Gallons Content or upwards fhall at the Time be licensed to be kept or used, any Thing herein before contained to the contrary notwithstanding; and that ail Licences to any Perfon or Perfons to keep or use any fuch Still or Stills of a Content less than Two hundred Gallons, fhall be figned by Four of the faid Commiffioners of Inland Excife and Taxes, and fhall be granted in fuch Manner, and under fuch Rules, Regulations, Reftrictions, Penalties, and Forfeitures as are prɔvided and enacted by two Acts, one made in the Forty fixth Year of the Reign of His prefent Majefty, intituled, An Ad to provide for the regulating and fecuring the Collection of the Duties on Spirits diflilled in Ireland, and the warehousing of fuch Spirits for Exportation, and the other made in the Forty-feventh Year of His faid Majetty's Reign, to amend the faid recited Act of the Forty fixth Year with respect to Stills allowed to be licensed under the faid recited Acts or either of them.

XXV. And be it further enacted, That if the faid Commiffioners fhall grant a Licence to any Perfon or Perfons, or keep or use a Still or Stills of Five hundred Gallons Content or upwards in any Place within Five Miles of a Diftillery where one or more Still or Stills of lefs than Five hundred Gallons Content shall be licensed to be kept or ufed under this Act, or any Act or Acts in force in Ireland, fuch Still or Stills of lefs than Five hundred Gailons Content may be continued to be kept and ufed at the fame Houfe in fuch Place, and the Licence for fo doing may be renewed for One Year from the Twenty-ninth Day of September next following the Period at which fuch Still of Two hundred Gallons Content or upwards fhall be actually fet at work, and from Year to Year after at the fame Houfe in fuch Place, to the Perfon or Perfons licensed to keep fuch Still of lefs than Five hundred Gallons Content, or the Heirs, Executors, or Adminiftrators of fuch Perfon or Perfons; any Thing herein contained to the contrary notwithstanding.

XXVI. And be it further enacted, That no Perfon or Perfons fhall be licenfed to keep or ufe a Still of Five hundred Gallons Content or upwards, and a Still of a lefs Size than Five hundred Galions Content, at one and the fame Time; nor to keep or ufe Two Stills, either of which fhall be of a lefs Size than Five husdred Galions, at one and the fame Time.

XXVII. And be it further enacted, That in lieu of the Number of Charges of Singlings or Low Wines fet forth in the faid A& made in the Forty fixth Year of Ha prefent Majefty's Reign, intituled, An Ad to provide for the regulating and fecuring the Collection of the Duties on Spirits diftilled in Ireland, and the warehousing of fuch Spirits for Exportation, and in the faid herein before recited Act of the Forty-feventh Year aforefaid, for the Quantity of Spirits produceable where from any Diftiller is chargeable with Duty in respect of every Still ufed by fuch Diftiiler, every Diftiller fhall, from and after the Twenty-ninth Day of September One thousand eight hundred and nine, for every Four Weeks or Twenty-eight Days which any fuch Still fhall continue or fhall be prefumed to continue working under the faid recited Acts, or any other A&t or Acts in force in Ireland, be charged with and fhall pay Duty for fuch refpective Quantities of

Spirits

Spirits as might be produced, according to the Rates fpecified in the faid A&ts from the feveral Number of Charges of Singlings or Low Wines feverally fet forth in the Table to this Act annexed, for and in refpect of each and every Still, being of the feveral Contents in the faid Table fpecified and contained: And that every Diltiller fhall, over and above fuch feveral Quantities refpectively be charged with and pay Duty in respect of each and every Still or Stills for as much more Spirits as might be produced, according to the Rates in the faid Acts mentioned from all Pot Ale, Wath, Low Wines or Singlings, which fuch Diftiller shall actually diltil within every Period of four Weeks or Twenty-eight Days, over and above fuch feveral Quantities refpectively.

$47: fo far as

relates to pro

portioning the
Singlings to the
Quantity of
Wath, repealed.

XXVIII. And be it further enacted, That from and after the 46 G. 3. c. 88. Twenty-ninth Day of September, One thoufand eight hundred and nine, fo much of the said A&t made in the Forty-fixth Year of His prefent Majefty's Reign, intituled, An Act to provide for the regulating and fecuring the Collection of the Duties on Spirits difilled in Ireland, and the warehousing of fuch Spirits for Exportation, as enacts that the Officer of Excife keeping an Account of Wash, Pot Ale, Low Wines or Singlings in any Diftillery fhall charge the Distiller upon any Decrease of Wafh or Pot Ale for a Quantity of Singlings calculated after the Rate of One Galion of Singlings, for every Four Gallons of Wash or Pot Ale fo decreased, fhall be and the fame is hereby repealed: Provided always, that every fuch Officer fhall charge fuch Charge of Distiller for a Quantity of Spirits after the Rate of Two Gallons of Spirits in Spirits for every Five Gallons of Singlings which shall be actually proportion to produced by fuch Distiller from any Wash or Pot Ale brewed from Singlings. Corn malted or unmalted, and upon any Decrease of any fuch Low Wines or Singlings fuch Officer fhall charge fuch Distiller for a Quantity of Spirits after the Rate of Two Gallons of Spirits for every Five Gallons of Singlings or Low Wines fo decreased.

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"Recital of 48 G. 3. c. 81. § 1, repealing 46 G. 3. c. 88. § 52, as
"to reducing Charge on Distillers: and the Provisions of 48 G. 3.
c. S1. §5, on the fame Subject: In cafes of Accidents having
"happened to Distillers before the paffing of the A&t 48 G. 3. or this
A&t, Commiffioners of Excife, with Confent of Treafury, empowered
"to order Return of Duty paid by Distillers. § 29.

XXX. And Whereas by the faid recited A&t of the Forty-fixth 46 G. 3. c. 98.
Year aforefaid for regulating and fecuring the Collection of the $ 57.
Duties on Spirits diftilled in Ireland, it is among other Things enacted,

• That all Worts, Wash, or Pot Ale, made from Corn, which shall
⚫ not be diftilled at the Expiration of Six Days, including the Day
⚫ of brewing and the Day of diftilling, fhall be confidered as Worts,
Wash or Pot Ale, not included in any former Charge against the
Diftilier, and fuch Diltiller fhall be charged with Duty in refpect of
fuch Worts, Wash, or Pot Ale according to the Directions of the
faid Act;' Be it enacted, That whenever any Diftiller fhall by the In cafe of Ac-
burning or burting of any. Still by inevitable Accident have been cident, if Wath
prevented from diftilling any fuch Worts, Wafh, or Pot Ale within is prevented
from being
fuch Period of Six Days, it fhall and may be lawful for fuch Distiller
diftilled within
to apply to the faid Commiffioners of Inland Excife and Taxes, and Six Days, and is
in cafe the faid Commiffioners fhall be farisfied upon the Oath of fuch actually distilled
Ditiller, or otherwife, that fuch Acci lent was enevitable, and not within Nine

49 Geo. III.

Dd

owing Days, Commif

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