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Where persons come forward as witnesses, and claim stills, or spirits, &c., the persons with whom the same were found shall not be thereby exonerated; and the persons claiming shall be immediately convicted on their own confession.
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38. And whereas, where proceedings are had against persons for having . . . stills, wash, pot ale, singlings, or spirits, in possession, other persons frequently appear as witnesses to make claim to and declare themselves the owners or proprietors of the goods or articles, in order to exempt the persons in whose possession the same may have been found from the penalties incurred by such possession: Be it further enacted, that where in any such proceeding any person shall so appear as a witness, and shall declare himself to be the owner or proprietor . . . of any still, still head, or worm, or wort, wash, or pot ale, low wines, singlings, or spirits, or other illicit articles, found in the possession of or in the house or premises of the person against whom such proceedings shall be had, such admission of ownership shall not release or exempt the person in whose custody or possession or in whose house or premises such illicit goods shall be found from the penalty or penalties by him or her incurred, but the justice or justices before whom such proceedings shall be had shall proceed to convict such person in such penalty or penalties, unless it shall appear to such justice or justices that the illicit goods were found in some outhouse, shed, or place where the same could be deposited without the knowledge of the owner or occupier thereof, and that the person proceeded against as such owner or occupier had not any knowledge of such goods; and such justice or justices are hereby empowered and required, whether the person in whose possession or in whose house or premises such illicit goods shall have been found shall or shall not be convicted, to cause the person who shall have appeared as a witness and acknowledged himself to be the owner and proprietor of the illicit goods to be immediately detained, and to proceed forthwith to convict such person, as on his or her confession, in the penalty by this Act imposed for being the owner or proprietor of the . . . still, still head, or worm, or wort, wash, pot ale, low wines or singlings, or spirits, or other goods, and in default of payment to commit such person to the gaol or prison; and every such conviction shall be as good, valid and effectual as if complaint had been made to such justice or justices, and such person had been duly summoned to appear before such justice or justices.
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