Distillation appointment of such Inspector of Distilleries without proof of the appointment of such Inspector of Distilleries, unless the defendant shall in such case prove to the contrary. 142. No writ shall be sued out nor a copy of any process served upon any Inspector of Distilleries or other person acting under the authority of this Act or of any Act which may hereafter be in force for the regulation of distilleries for anything done in the exercise of his office until one calendar month after notice in writing shall have been delivered to him or left at his usual place of abode by the attorney or agent for the party who intends to sue out such writ or process, in which notice shall be clearly and explicitly contained, the cause of action, the name and place of abode of the person who is to bring such action, and the name and place of abode of the attorney or agent, and no evidence of the cause of such action shall be produced except of such as shall be contained in such notice, and no verdict shall be given for the plaintiff unless he shall prove on the trial that such notice was given, and in default of such proof the defendant shall obtain in such action a verdict and costs. officer to have notice of action three months, 143. Every such action shall be brought within three calendar Actions to be months after the cause thereof and the defendant may plead the general brought within issue and give the special matter in evidence, and if the plaintiff shall &c. become nonsuited or shall discontinue the action, or if upon a verdict of demurrer judgment shall be given against the plaintiff, the defendant shall receive treble costs, and have remedy of the plaintiff as any defendant can have in other cases where costs are given by law. 144. In case any information or suit shall be brought to trial on account of any seizure made under this Act and a verdict shall be found for the claimant thereof, and the Judges or Court before whom the cause shall have been tried shall certify upon the record that there was reasonable and probable cause of seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any action or other suit or prosecution on account of such seizure, and if any action or other suit or prosecution shall be brought to trial against any person on account of such seizure, wherein a verdict shall be given against such defendant, the plaintiff, besides the things seized or the value thereof, shall not be entitled to more than one shilling damages nor to any cost of suit, nor shall the defendant in such prosecution be fined more than one shilling. Judge may certify probable cause of seizure 145. It shall be lawful for any Inspector of Distilleries or other officer may person as aforesaid within one calendar month after such notice to tender amends tender amends to the party complaining or his agent, and to plead such tender in bar to any action together with other pleas, and if the jury shall find the amends sufficient they shall give a verdict for the defendant, and in such case or in case the plaintiff shall become nonsuited or discontinue his action or judgment shall be given for the defendant upon demurrer then such defendant shall be entitled to like costs as he would have been entitled to in case he had pleaded the general issue only: Provided that it shall be lawful for such defendant by leave of the Court where such action shall be brought at any time before issue joined to pay money into Court as in other cases. 146. All spirits and other property seized under the provisions of Distillation Property seized to be claimed within ten days Olaims to be lodged with the Collector of Revenue Admission of claims to property seized Claimant to enter into a recognizance Payment and distribution of penalties, &c. this Act shall be considered as forfeited and condemned unless claimed within ten days after the same shall be so seized and shall be sold by public auction, and all such claims for spirits or other property so seized as forfeited shall be lodged within the time herein before mentioned with the Collector of Revenue. 147. No claim to any spirits or other property seized under this Act and returned into any of Her Majesty's Courts for adjudication shall be admitted and no appearance shall be permitted to be entered to any information filed for the forfeiture of any spirits or other property seized for any cause of forfeiture under this Act or under any Act which may hereafter be in force for regulating distillation unless such claim or appearance be entered in the name of the owner of such spirits or other property so seized, describing the place of residence and the business or profession of such owner, and if such owner shall reside in Perth or within twenty miles thereof oath shall be made before the Chief Justice of the Supreme Court in which such information is filed, or before one of the Justices of the Court of Petty Sessions before whom any cause of forfeiture shall be tried for spirits or other property seized as forfeited under this or such other Acts as aforesaid, that the spirits or other property so seized was or were really and truly the property of him at the time of such seizure, but if such owner shall not be resident in Perth or within twenty miles thereof, then and in such case such oath shall be made in a like manner by the agent, attorney or solicitor by whom such appearance shall be entered, that he has full power and legal authority and directions from such owner to enter such appearance, and to the best of his knowledge and belief such spirits and other property were at the time of the seizure thereof bond fide the real property of the party in whose name such appearance is entered, and on failure thereof the spirits and other property shall be absolutely condemned and judgment be entered therecn by default according to the usual method of proceeding of the Court in the same manner as if no appearance had been entered thereto, and every person who shall be convicted of making or taking a false oath to any of the facts hereinbefore directed or required to be sworn to shall be deemed to be guilty of wilful and corrupt perjury. 148. Upon the entry of any claim to any spirits or other property seized for any cause of forfeiture, or of any appearance to any information filed for such forfeiture, the person who shall enter such claim or appearance, if such claimant shall reside within the Colony, shall be bound by a recognizance (to be entered into before the Chief Justice of the Supreme Court or Justices of the Peace before whom the said cause or matter is to be inquired into) with two sufficient sureties in the penalty of one hundred pounds to answer and pay the costs occasioned by such claim or appearance, and if the owner shall not reside within the said Colony, then and in such case the agent, attorney, or solicitor by whose directions such claim or appearance shall be entered shall in like manner be bound with two sufficient sureties in like penalty to pay the costs occasioned by such claim or appearance. 149. All fines, penalties and forfeitures recovered under this Act or any other Act for the time being in force relating to the distillation of spirits shall be paid to the Collector of Revenue, and shall be divided and applied as follows (that is to say):-After deducting the Distillation charges of prosecution from the proceeds thereof, one-third part of the net produce thereof shall be paid to the account of the general revenue of Western Australia, and applied to the public uses of the Colony and in support of the Government thereof; one-third part thereof to the person who shall sue for the same, and one-third to the informer, where such fines, penalties, and forfeitures are recovered, in consequence of information being given to the seizing officer, and when the said fines, penalties, and forfeitures are otherwise recovered, the same are to be divided and applied as follows (that is to say) :-After deducting the said charges, the one moiety, or half of the net produce thereof, as aforesaid, to the public uses of the said Colony, and in support of the Government thereof, and the other moiety or half to be paid to the seiz ing officer or person suing for the said penalty: Provided always that nothing herein contained shall be deemed or construed to affect, or in any way to interfere with the right of Her Majesty, her heirs and successors, to pardon the offender and to remit the whole or any part of any such fine, penalty or forfeiture, as to Her Majesty shall seem meet. as convicted parties 150. If in or upon any information, suit, or action brought in the Imprisonment of said Supreme Court or before any two or more Justices of the Peace aforesaid for the recovery of any fines, forfeitures or penalties imposed by this Act, the party shall be convicted and sentenced to pay such fine or penalty, and in case any such fine or penalty shall not be immediately paid, or security given to the satisfaction of the Court or Justices before whom the case shall have been heard and determined for the due payment of such fine or penalty, the party or parties who shall have been convicted and sentenced to pay such fine or penalty shall forthwith be committed to gaol there to remain for a period of not less than three months nor exceeding twelve calendar months, unless such fine or penalty shall be sooner paid, and such imprisonment shall in no case operate as a discharge of any such fine, forfeiture or penalty. 151. Any person who shall think himself aggrieved by any fine or Appeal penalty imposed by any Justice or Justices under the authority of this Act above the sum of ten pounds may appeal against the conviction to the Supreme Court according to the provisions of any Act now or which may hereafter be in force for the regulation of appeals of the like nature, and no conviction shall be quashed for mere want of form or for any literal or clerical errors or omissions not affecting the substantial merits or justice of the case. 152. No writ of certiorari shall issue from Her Majesty's Supreme Court to remove any proceedings before any Justice or Justices of the Peace under this or any other Act now or hereafter in force relating to the distillation of spirits, nor shall any writ of habeas corpus issue to bring up the body of any person who shall have been convicted before any Justice or Justices of the Peace under this or any other such Act, unless the party against whom such proceedings shall have been directed, or who shall have been so convicted, or his attorney or agent, shall state in an affidavit in writing to be duly sworn, the grounds of objections to such proceedings or conviction, and that upon the return of such writ of certiorari or habeas corpus, no objections shall be taken or considered other than such as shall have been stated in such affidavit, and it shall No writ of certiorari to issue Interpretation of words Distillation be lawful for any Justice or Justices of the Peace, and they are hereby required to amend any information, conviction, or warrant of commitment for any offence under any such Act at any time whether before or after conviction. 153. The following words and expressions employed in this Act shall have the meaning hereby assigned to them unless there be something in the subject or context repugnant to such construction: The word 'worts' shall be construed to mean all materials intended to be used in the process of distillation after the same shall have been mashed and before fermentation shall have commenced therein. The word 'wash' shall mean all such material so mashed after fermentation shall have commenced and before the same shall have been distilled. The expression 'low wines' shall mean all spirits drawn and produced by one distillation of wash. The word 'feints' shall mean spirits produced by the redistillation of low wines. The word 'spirits' shall mean and include alcohol, brandy, rum, gin, whisky, low wines, feints and every other description of spirituous liquor. The expression 'spent wash' shall mean the liquor which may remain in the wash still after the low wines shall have been extracted by distillation. ་ The word proof' shall mean the ordinary and conventional degree of strength indicated as such by the instrument called Sykes' hydrometer. The word 'distiller' shall mean and include any person making or keeping any wash fit for distillation or making low wines, feints or spirits and any person having in his possession or use any still or stills. · The word brewer' shall mean any maker of fermented malt liquor or any fermented liquor made from sugar or other saccharine matter and termed beer, ale or porter, or any maker of wine for sale, and shall include every vendor of fermented liquors or wine made in Western Australia in quantities not less than one gallon. And The expression 'spirit merchant' shall mean any vendor of duty-paid spirituous liquors, wine or fermented malt liquors, in quantities not less than one gallon, or any person who shall expose the same for sale in any shop, warehouse or premises, except an auctioneer or a broker selling on account of a licensed wine and spirit merchant or brewer or a licensed publican. The expression illicit spirits' shall mean any spirits produced and made contrary to the provisions of this Act or on which the full duties shall not have been paid. Distillation The word 'premises' shall mean all the space included within The word officer' shall mean any inspector or other person appointed by the Governor under the provisions of this Act. 154. It shall be lawful for the Governor in Council to make all Governor to such rules and regulations as may be deemed necessary from time to make regulations time for carrying the provisions of this Act into effect: Provided that the same shall not be repugnant to the provisions of this Act; and all such rules and regulations shall be published in the 'Government Gazette.' 155. This Act may be cited for all purposes as 'The Distillation Short title and Act, 1871,' and shall come into operation within one month after the passing thereof. commencement of Act FRED. A WELD, FORM OF LICENSE FOR USE OF STILL FOR MANUFACTURING AND Section 4 |