Distillation placed, kept, and constructed, in manner herein directed, or if there be any communication with any other vessel or utensil whatsoever other than as by this Act is required, authorised, and allowed, then and in every such case such distiller shall forfeit and pay the sum of two hundred pounds, and also the sum of twenty pounds for every day during which such charger or receiver, or pipe, or cock, not strictly in accordance with the provisions of this clause, shall remain in the distillery of such distiller. 40. Every distiller or rectifier and compounder of spirits shall, im- Return of gauges mediately on obtaining his license or a renewal thereof, or not later than the seventh day thereafter, furnish to the Chief Inspector of Distilleries a return in writing, signed by him, of every tun, back charger, still receiver, vat, or other vessel or utensil on the premises in respect of which he may be licensed, which return shall also set forth a correct statement of the content in imperial gallons in each and every vessel or utensil, as above enumerated, as well as the number of imperial gallons that every inch of the height thereof is respectively capable of containing, and in respect of vessels intended to contain spirits the number of imperial gallons that every inch and tenth of an inch of the height thereof are respectively capable of containing, and such return shall not be held to be a lawful return until it shall have been verified by actual admeasurement and countersigned by two Inspectors of Distilleries, and the said return so furnished shall be kept and registered by the Chief Inspector of Distilleries, and vessels or utensils found on the said premises which shall not be stated and mentioned in the said return, shall be liable to be seized by any Inspector of Distilleries or other person appointed as aforesaid; and any distiller who shall commence the operation of making or brewing worts or any rectifier who shall rectify any spirits before the provisions herein contained shall have been complied with, shall be liable to a penalty of one hundred pounds: Provided that the Chief Inspector of Distilleries may, upon sufficient reason being assigned, permit a re-gauge of such vessel to be made, and the result of such re-gauge upon being verified as aforesaid shall be taken to be the true contents of such vessels so re-gauged, and which re-measurements shall be registered as aforesaid. Underground closed in wooden cases 41. Where any pipe or tube used in any distillery shall pass below the ground, such pipe or tube shall be enclosed in a wooden case so pipes to be enconstructed as to admit of its being opened and the pipe or tube exposed to view at the demand of any Inspector of Distilleries, and any distiller who shall fail to comply with the provisions herein contained shall be liable to a penalty of two hundred pounds. 42. The end of every tail pipe belonging to every still of every Ends of tail pipes distiller or rectifier or compounder of spirits, shall be enclosed and to be secured secured at the expense of the distiller or rectifier or compounder of spirits in such manner and by such mechanism and means as the Chief Inspector of Distilleries may direct, and all spirits, low wines and feints running from such tail pipe shall run into a safe enclosed and secured in manner as aforesaid and shall be thence conveyed by a pipe open externally to the inspection of the officers for its whole length into the spirits receiver or low wines or feints receiver or receivers, as the case may be, and if upon demand by the Chief Inspector of Distilleries, the Discharge cocks back Distillation end of every such tail pipe shall not be secured by such mechanism and means as shall be so directed or if the whole of the spirits, low wines and feints coming from any such tail pipe shall not be run into such safe so enclosed and secured as aforesaid, or if such spirits, low wines and feints respectively and every part thereof shall not be conveyed from such safe into the spirits receiver or low wines or feints receiver or receivers, as the case may be, directly and by such pipe as aforesaid, or if on the demand of the proper officer all the expenses incurred by providing and repairing or altering such mechanism or means of enclosing the end of such tail pipe and safe as aforesaid, shall not be paid by or on behalf of such distiller or rectifier to such officer or if such mechanism and means of enclosing the end of such tail pipe and safe as aforesaid shall not be affixed and kept and preserved affixed as aforesaid, or if at any time after the end of any such tail pipe and any such safe may have been enclosed and secured as aforesaid, the mechanism or means by which the same shall be so enclosed and secured as aforesaid or any part thereof shall be destroyed or injured or if by any art or contrivance any access shall be gained or had without notice to and except with the knowledge and in the presence of an Inspector of Distilleries to any spirits, low wines or feints from the time of the extraction or distillation thereof until the same have been taken account of by the proper officer in the proper receiver or receivers, or if the officer shall be in any manner hindered, prevented from or obstructed in the taking a true account of any spirits, low wines or feints in any vessel whatsoever, then and in every such case the distiller shall for every such offence be liable to a penalty of two hundred pounds. 43. Every distiller shall provide and fix to the satisfaction of the of the fermenting Chief Inspector of Distilleries a proper discharge cock or plug and plughole in every fermenting wash back through which cock or plug-hole the wash in such wash back shall from time to time be conveyed by a main pipe or open trough into the wash charger, and such main pipe or trough shall be placed and fixed in such manner that all wash or liquor put therein shall forthwith run and be discharged from thence into such wash charger and not elsewhere except by a sewer cock fixed on such main pipe and properly secured and fastened, and there shall not be any other pipe or conveyance entering into or passing out of any such wash fermenting back except the pipe or trough for conveying wort into such fermenting back from the coolers; and if such discharge cock or plug shall not be provided and fixed as aforesaid, or if such main pipe or open trough shall not be placed and fixed as aforesaid, or if there shall be any other pipe, conveyance or cock to or from any fermenting back except as aforesaid, then and in every such case such distiller shall be liable to a penalty of two hundred pounds: Provided always that nothing herein contained shall prevent any distiller from placing any close metal pipe or pipes in, but not opening into any wash back for the purpose of conveying through such back hot or cold air or water for the purpose of promoting or retarding the fermentation of the worts or wash contained in such back. Pipes, &c., to be staunch 44. The pipes, troughs, sluices or cocks for the conveyance of worts into the fermenting backs of every distillery shall be secure and staunch so that there shall be no leakage therefrom, and any distiller Distillation who shall fail to repair and make secure and staunch any such pipe, trough, sluice or cock within twenty-four hours after receiving notice in writing to that effect from the officer on duty, shall be liable to a penalty of one hundred pounds. 45. Every distiller or rectifier shall at his own expense and charge Utensils, &c., to provide, maintain and keep in repair the several utensils, cocks, pumps, be kept in repair pipes and troughs which are required by this Act and shall also provide, maintain and keep in good repair and at his own expense and charge proper and sufficient fastenings to the satisfaction of the Chief Inspector of Distilleries or other officer appointed by the Governor for securing the several cocks and plugs required by this Act to be secured and for securing the covers of or belonging to the chargers and receivers hereinbefore mentioned respectively, and also for securing the furnace doors, pumps, safes, pipes, vessels and utensils permitted, allowed or required for the purposes mentioned in this Act, and shall paint or cause to be legibly painted and shall keep or cause to be kept so painted upon some conspicuous part of every fixed utensil intended to be used in the distillery of such distiller or rectifier, and on the outside of the door of every store, apartment or place wherein any part of the business of such distillery is to be carried on or wherein any materials for distilling or rectifying spirits are to be kept or stored, or any spirits are to be kept or stored, separate numbers relating to each and every such utensil, store, apartment or place, in arithmetical progression, beginning with number one, together with the name of such utensil, store, apartment or place, according to the purpose for which the same is intended to be used, and which numbers shall correspond with the plan herein before required to be furnished, and every distiller or rectifier failing herein shall be liable to a penalty of one hundred pounds. 46. At or near the top of every fermenting wash back and at or Dipping holes near the top of every charger or receiver, and of every vat for storing or keeping spirits in the premises of any distiller, there shall be an opening or dipping place at which the officer may conveniently take his dip or gauge of the contents of such vessel, and all such backs and vessels respectively shall be placed and kept in convenient situations, and shall be at all times easy of access to the officer for his more readily and effectually inspecting and examining them in every part and taking the dip or gauge thereof, and if in any such back or vessel there shall not be such opening or dipping place so constructed and secured as aforesaid, or if any such back or vessel shall not be placed and kept in a convenient situation and easy of access to the officer as aforesaid, or if the officer shall at any time by any means whatever or in any manner whatever be prevented from ascertaining the quantity and gravity or either of them of any wort or wash, or the quantity or strength of any low wines, feints or spirits, then and in every such case such distiller offending therein shall be liable to a penalty of two hundred pounds. to be altered 47. If the size, situation or position of any vessel, utensil or pipe Vessels, &c., not shall be in any manner altered at any time after such return or plan as is required by this Act shall have been made or given thereof, unless on such notice as is herein provided, then in each and every such case such distiller or rectifier offending therein shall be liable to a penalty of VOL. I. K K Notice book Entries in notice book how to be enectual Notice of mashing Distillation wo hundred pounds: Provided that it shall and may be lawful for such distiller or rectifier to alter the size, situation or position of any such vessel or utensil or pipe, or to erect and set up any new vessel, utensil or pipe, on receiving permission in writing from the Chief Inspector of Distilleries to make such intended alteration, specifying the particular vessel, utensil or pipe and the size, situation or position which is intended to be altered, and making return of such new vessel, utensil or pipe in manner hereinbefore mentioned, and conforming in all respects to the regulations in this Act contained in that behalf. 48. The Chief Inspector of Distilleries shall provide a book, to be called a notice book, to be kept in every distillery or rectifying establishment by the distiller or rectifier, as the case may be, or by their servants, and before any notice or declaration by this Act required to be given or delivered shall be so given or delivered, an entry shall be made in such book, stating the particulars of all such notices and declarations, and such book shall at all times on demand be delivered to an Inspector of Distilleries at the distillery or rectifying establishment, and if any distiller or rectifier or any person on his behalf to whom any such book shall be tendered shall refuse to receive the same, or if the particulars of all such notices or declarations respectively shall not be inserted in such book, or if any untrue entry shall be made therein, or if such book or any entry therein shall be defaced, obliterated or altered by any such distiller or rectifier or by any person employed in the distillery or rectifying establishment, or if such book shall not at any time be delivered to any Inspector of Distilleries on his demanding the same, then and in every such case such distiller or rectifier shall be liable to a penalty of two hundred pounds. 49. Any notice or declaration which shall be given or served by on behalf of any distiller or rectifier upon any person upon whom the same ought to be given or served shall, according to the true intent and meaning of such notice and declaration, be taken to be good and effectual as against such distiller and rectifier, although such notice or declaration shall not be in the form or shall not contain the several particulars, or shall not be given or served on the person within the time by this Act prescribed or appointed for giving or receiving the same; and upon the trial of any information or other proceeding relating to or in any manner touching or concerning any such notice or declaration, it shall not be competent to or for such distiller or rectifier to allege any imperfection or defect in any such notice or declaration or in giving or serving the same. 50. From and after the passing of this Act it shall not be lawful for any distiller to commence mashing without having first served a written notice of at least sixteen hours on the officer on duty, specifying therein the back or backs which he intends to set up and the kind of material and the weight thereof which he intends to use during the twenty-four hours next following on the expiration of the said sixteen hours, and similar notice shall be given from day to day of every such mashing, and no distiller having made use of malt, grain or other material than sugar, treacle and molasses in his distillery for the purpose of distillation shall use sugar, treacle or molasses for the purpose of distillation, nor shall make the same into wort or wash Distillation without having first served a written notice of at least fourteen days on the Chief Inspector of Distilleries, nor until all worts or wash previously made from malt, grain or other material as aforesaid shall have been distilled, and all the produce thereof shall have been deposited in the certified and registered store in such manner as the Chief Inspector of Distilleries shall direct, nor shall resume the washing or fermentnig of worts or wash from malt, grain or material as aforesaid without a like notice of fourteen days as aforesaid, not until the produce of wort or wash made from sugar, treacle or molasses be distilled and the produce thereof deposited as herein before directed, and if any distiller shall commence mashing without having given such notice he shall be liable to a penalty of one hundred pounds: Provided that for every day after the first day a notice of at least six hours shall be sufficient instead of sixteen. 51. It shall not be lawful for any distiller to add to the worts As to yeast and contained in any fermenting back any composition for exciting fermen- spent wash tation, except after having served one hour's notice thereof to the officer on duty and in the presence of such officer, and in any quantity not exceeding the proportion of ten gallons of any such composition to one hundred gallons of any such worts, and any distiller offending against the provision herein contained shall be liable to a penalty of two hundred pounds: Provided that at any time before the declaration of the specific gravity first hereinafter mentioned, it shall be lawful for the distiller to make use of spent wash in the preparation of worts. up backs 52. Before any worts shall be conveyed from the cooler into any Notice of setting fermenting back or backs the distiller shall give notice thereof to the officer on duty, which notice shall specify the back or backs which are intended to be filled or set up, and any distiller failing herein shall be liable to a penalty of fifty pounds. the 53. Within twenty-four hours after any worts shall have tecn conveyed into the cooler the distiller or his servant shall deliver to the officer on duty a declaration specifying the number of the back or backs into which such worts shall have been conveyed, and the specific gravity of such wort in such back or backs and the quantity thereof, that is to say, the number of inches not occupied or wetted by the worts, being space between the upper edge on the dipping place of such back or backs and the surface of the worts, and if any worts shall be conveyed into and collected in any fermenting back or backs in any other manner than as is herein directed, or if any untrue declaration shall be given, or if such declaration shall not be given as is herein required, then and in every such case the distiller shall be liable to a penalty of two hundred pounds. Declaration of specific gravity, &c. the highest specific gravity or quantity 54. If at any time beyond six hours after any such declaration as Increase of aforesaid shall have been delivered the specific gravity of any such worts or wash shall be found to exceed the specific gravity specified in such declaration by five per centum, or if the quantity of any such worts or wash shall be found to exceed by five per centum the quantity of wort mentioned in such declaration as the quantity collected as aforesaid, then and in every such case the distiller shall be liable to a penalty of two hundred pounds. 55. If at any time after any Inspector of Distilleries shall have And proceedings therein |