Illicit Distillation (Ireland) Act, 1831

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ILLICIT DISTILLATION (IRELAND) ACT 1831

CHAPTER LV.

An Act to consolidate and amend the laws for suppressing the illicit making of Malt and Distillation of Spirits in Ireland.[¹] [20th October 1831.]

[Preamble.]

[Ss. 1–8 rep. 43 & 44 Vict. c. 20. s. 49.]

Persons using stills in business of a chemist, &c. to take out a licence under 6 Geo. 4. c. 81.

9. Every person who shall . . use any still or stills in carrying on the business of a chemist or any other trade or business requiring the use of a still, other than that of a distiller, rectifier, or compounder of spirits, or vinegar maker, shall first take out a licence for . . using every such still, in manner required by an Act passed in the sixth year of the reign of his late Majesty, intituled “An Act to repeal several duties payable on excise licences in Great Britain and Ireland, and to impose other duties in lieu thereof, and to amend the laws for granting excise licences.”

Licence to chemists, &c. to specify certain particulars.

Limit as to the capacity of stills to be used by chemists, &c. unless under special authority.

10. Every licence granted to any person who shall carry on the business of a chemist, or any other business requiring the use of a still or stills, (other than that of a distiller, rectifier, or compounder of spirits, or vinegar maker,) shall specify the name or names and business of the person or persons thereby licensed, and the place where such 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, other than as aforesaid, shall use or have in his possession any still or stills of any greater capacity or content than fifty gallons, upon pain of forfeiting fifty pounds, subject to the mitigation hereafter mentioned, for every such still: Provided always, that it shall be lawful for the commissioners of excise, if they shall see fit, on application made to them, to authorize and empower any such chemist or other person or persons to keep and use any still of a greater capacity than fifty gallons; and that nothing herein contained shall extend to prevent the use of any still of any greater capacity than fifty gallons erected and in use at the time of the passing of this Act.

Regulations as to still makers.

Stills of less content than 200 gallons to be gauged and stamped.

11. Every person who shall make any still shall permit any officer of excise, at any hours in the day-time, to enter any place made use of by such person for making or keeping stills, and to examine the same; and every such maker of stills shall stamp his name, and the content or capacity of every still made by him, upon the shoulder of every such still; and every maker of stills shall, within three days after finishing any still of less content than two hundred gallons, 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 shall, within three days after such notification, gauge such still, and stamp the same, and grant a certificate specifying the content and maker’s name of such still; and every maker of a still who shall in any respect offend in or neglect any of the particulars aforesaid shall for every such offence forfeit sixty pounds, subject to the mitigation hereafter mentioned.

Persons importing stills of less content than 200 gallons into Ireland to give notice to the officers, under penalty of 60l.

12. Every person who shall import any still into Ireland of less content than two hundred gallons shall, within three days after the arrival of such still, 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 caused to be stamped such still in the same manner as herein-before directed; and every person who shall so import any such still into Ireland, and shall omit to give such notice thereof as aforesaid, shall forfeit sixty pounds, subject to the mitigation hereafter mentioned, for every still so imported.

Stills under 200 gallons found not gauged and marked to be forfeited, together with 60l.

13. Every still of less than two hundred gallons content which shall be found in the possession of any person or persons in Ireland, without having been previously gauged by the proper officer of excise, and marked in the manner herein-before mentioned, shall be forfeited, and may be seized by any officer of excise; and the owner or person in whose possession the same shall be found shall also forfeit sixty pounds, subject to the mitigation hereafter mentioned, over and besides all other penalties and forfeitures imposed for the unlawful using the same.

No still shall be conveyed without a permit, under pain of forfeiture of still and 100l.

14. No brazier or manufacturer of metal, or other person, shall send or convey any still, still head, or worm to any person, or from any one part of Ireland to any other part thereof, unless a permit granted by an officer of excise for the removal of such still, still head, or worm shall have been obtained by such brazier, manufacturer, or other person; and such permit shall contain in the body thereof the name of the brazier or manufacturer thereof, or other person sending the same, and of the person or persons to whom and the place to which such still, still head, or worm is intended to be sent, and also the content in gallons of such still and of the head thereof respectively; and every such still, still head, or worm which shall be found conveying or conveyed, and for the conveyance of which such permit shall not be produced, shall be forfeited, and may be seized by any officer of excise; and the brazier, manufacturer, or other person sending or conveying the same shall forfeit one hundred pounds, subject to the mitigation hereafter mentioned.

On arrival of still permit shall be delivered up to officer, and a certificate shall be given by him.

15. The person to whom any such still shall be conveyed shall, within forty-eight hours after the arrival of such still, deliver up the permit under which such still shall have been conveyed to the proper officer of the division or ride in which such person shall reside; and such officer shall thereupon grant a certificate to such person in lieu of such permit; and if any such still shall be found in the possession of any person, after the expiration of forty-eight hours from the arrival thereof, without such certificate, such still shall be forfeited, and may be seized by any officer of excise.

Persons other than licensed distillers, brewers, or vinegar makers, brewing or keeping worts, wash, or low wines, or keeping stills, &c., to forfeit 100l. and all the worts, &c.

16. Every person, other than a licensed distiller, brewer, or maker of vinegar, who shall brew or make, or shall have in his possession, any worts, wash, or pot ale, (except for the purpose of being made into beer for the private use of such person, the proof whereof shall lie on such person,) and every person, other than a licensed distiller, who shall distil or have in his possession any low wines, or singlings, and every person, not being duly licensed to keep or use a still, who shall have or keep any still, still head, or worm of a still, and every person who shall without being lawfully authorized thereto have in his possession, or in any dwelling house, or in any outbuilding, place, or premises occupied by him, any worts, wash, or pot ale, (except as aforesaid,) or any low wines or singlings, or any still, still head, or worm of a still, whether such wort, wash, or pot ale, or low wines or singlings, or still head or worm, shall or shall not be the property of such person, shall forfeit one hundred pounds, subject to the mitigation hereafter mentioned; and all such worts, wash, or pot ale, low wines, and singlings, stills, still heads, and worms, shall be forfeited, and may be seized by any officer of excise.

If any officer knows or suspects where private stills, worts, &c. are kept, and makes oath thereof before a justice, such justice may grant a special warrant to break open the suspected place, and seize the stills, worts, &c.

Penalty on proprietor or occupier.

Persons obstructing officers in seizing private stills, &c. to forfeit 100l.

17. If any officer of excise shall know or have cause to suspect that any private or concealed still, or any back, vat, cooler, or other vessel used in illicit distillation, or any spirits, low wines, or wort or wash, or other materials preparing or prepared for distillation, are set up or kept in any house or place, . . . and shall make oath thereof before one or more justice or justices of the peace of the county, city, or place where such officer shall suspect the same to be set up . . . setting forth the ground of such suspicion, it shall be lawful 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 or seals, to authorize and empower such officer, 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, . . . is or are so set up, . . , 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, worts, 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 the proprietor or occupier of the house or place in which any such seizure shall be made shall forfeit one hundred pounds, subject to the mitigation hereafter mentioned; and if any person shall obstruct, oppose, molest, or hinder any officer of excise, or others acting in their assistance, in the searching for or 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 one hundred pounds, subject to the mitigation hereafter mentioned.

Officers of excise may search for and seize private stills, &c. without a warrant from a justice;

and proprietors and persons obstructing shall be subject to the same penalties as if the officers had a special warrant.

Finding of illicit articles to be a justification of forcible entry.

18. Provided always, that nothing in this Act contained shall be construed to make it unlawful for any officer of excise to search for 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, . . . 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 prepared for distillation, . . . which he or they shall so find, or to proceed in relation thereto in manner aforesaid; and every person with whom the same shall be found, or who shall obstruct any such officer, or any person acting in his aid, 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 had been acting under such warrant as aforesaid, any thing herein-before contained to the contrary notwithstanding; and if any officer of excise, having entered any house without a warrant, shall break open any door or lock, or forcibly enter any room or place, in search of any concealed still, back, vat, cooler, or other vessel or any spirits, low wines, wort, or wash, or other materials preparing or prepared for illicit distillation, . . . and shall find any such private or concealed still, still head, or worm of a still, or any back, vat, cooler, or other vessel, or any spirits or low wines, or wort or wash or other materials, . . . such finding shall be a full justification of such breaking or forcible entry, and on proof thereof in any suit or action to be brought against any officer, or any person acting in his aid, for the same, a verdict shall be given for the defendant.

Persons found where illegal distillation is in process shall forfeit 100l., and may be arrested and taken before a justice.

19. When any officer of excise shall discover any private or concealed still, or any back or vessel for making or preparing or keeping any wort, wash, pot ale, low wines, or singlings, or other materials preparing or prepared for private distillation, the process of distilling or of making or preparing worts, wash, pot ale, low wines, or singlings or spirits, being then proceeding, . . . and shall at the same time find any person in the room or place where such private distillation of spirits, or making or preparing of worts, wash, or pot ale, low wines or singlings, . . . is carrying on, every such person so discovered, over and above all other penalties and forfeitures to which the proprietor or person in whose possession the same shall be found is subject and liable, shall severally forfeit one hundred pounds each, subject to the mitigation hereafter mentioned; and it shall be lawful for the officer of excise to arrest and detain every person so discovered, and to convey him before one or more justice or justices of the peace of the county, city, or place respectively near to the room or place where such person shall be so discovered, to be dealt with in manner herein-after directed.

Officers may spill and destroy all spirits, materials, and utensils found at unlawful distilleries.

20. And whereas, when the officers of excise have discovered private or unlawful . . . distilleries, it has often been found impossible or difficult to remove the . . . spirits, materials, and utensils to a place of safety: For remedy thereof be it further enacted, that when any officer of excise shall find . . . any unlawful distillery, it shall be lawful for such officer, immediately upon the discovery of such private or unlawful . . . distillery, and the seizure of . . . any spirits, or materials, implements, or utensils for distillation, effectually to scatter, spill, break up, and destroy the same; any thing herein-before contained to the contrary in anywise notwithstanding.

Any justice of peace, landlord, or his bailiff, may seize stills, &c.

21. It shall be lawful for any justice of the peace who shall find any still, still head, or worm of a still in possession of any person, without a sufficient licence being produced for keeping the same, and for any landlord or proprietor of any land or premises on which the same shall be found, or his steward or bailiff, to seize such still, still head, or worm, and to convey and deliver the same to the next officer of excise, who shall take such still, still head, or worm into his custody, and secure the same, in like manner as if such still, still head, or worm had been seized by him; and it shall in like manner be lawful for any justice of the peace, landlord, or proprietor or steward or bailiff, to seize any low wines, singlings, wort, wash, pot ale, in the possession of any person not entitled by law to have the same in possession, and to spill and destroy all such low wines, singlings, wort, wash, pot ale, and corn or grain making into malt, rep. 43 & 44 Vict. c. 20. s. 49.

Penalty for keeping or concealing spirits unlawfully distilled.

22. Every person who shall harbour, keep, or conceal, or shall knowingly permit to be harboured, kept, or concealed, or shall give aid or assistance or reward to any person to harbour, keep, or conceal, any spirits unlawfully made or distilled, or the full duties whereon shall not have been fully paid, shall forfeit one hundred pounds, subject to the mitigation herein-after mentioned.

Persons having in possession spirits on which duty has not been paid, or having any quantity exceeding a gallon without permit, to forfeit 100l.

23. Every person who shall have in his custody or possession any spirits, in any quantity whatsoever, the full duties whereon shall not have been fully paid, or any spirits in any quantity exceeding one gallon which shall not have been duly and legally permitted and attended with a proper permit to him, shall for each and every such offence forfeit the sum of one hundred pounds, subject to the mitigation herein-after mentioned; and upon the trial or hearing of any proceedings for the recovery of such penalty the defendant shall be convicted, unless due proof shall be made by such defendant that the full duties on such spirits had been duly paid, or that such spirits were bought by or for such defendant and received from a licensed distiller, or some person licensed to sell spirits, or that the same were attended with a proper permit to such defendant.

Penalty for selling or delivering spirits illicitly distilled, &c.

24. Every person who shall sell or deliver any spirits which shall have been illicitly distilled, or the full duties whereon shall not have been fully paid, shall forfeit one hundred pounds, subject to the mitigation herein-after mentioned, unless proof shall be made by such person that such spirits were bought or received by him from a licensed distiller, or some person licensed to deal in or sell spirits.

Persons removing or carrying stills or spirits may be stopped by officer, and if they have no permit, or if spirits are illicitly distilled, shall forfeit 100l., together with stills and spirits, and may be arrested and taken before a justice.

25. It shall be lawful for any officer of excise to stop and detain any person who shall be found removing or carrying any still, still head, or worm, or any spirits of any kind whatever, and to examine such still, still head, or worm, or such spirits, and to ascertain whether such still is duly marked, and to ascertain the quantity, quality, sort, or kind, and the strength of such spirits, and to demand the production of the permit or permits accompanying such still, still head, or worm, or such spirits, if such spirits shall amount to a quantity for which a permit is by law required; and every person so found removing any still, still head, or worm, or any spirits which are by law required to be accompanied by a permit, who shall refuse to produce such permit or permits as aforesaid, on being required so to do by any officer of excise, or shall be found removing or carrying any still, still head, or worm, or such spirits, without a lawful permit, or shall be found removing or carrying, in any quantity whatsoever, any spirits which shall have been illegally distilled, or the duties whereon shall not have been paid, or any keg, cask, or vessel which shall have contained illicit spirits, shall for every such offence severally forfeit one hundred pounds each, subject to the mitigation hereafter mentioned; and the still, still head, or worm, or the spirits, so carrying and removing, together with the casks or vessels containing the same, or the casks, kegs, or vessels which shall have contained illicit spirits, shall be forfeited, and may be seized by any officer of excise; and every such officer is hereby authorized and required to stop, arrest, and detain every such person, and to convey him, together with the still, still head, or worm, or spirits, or keg, so found removing or carrying, before one or more of his Majesty’s justices of the peace residing near to the place where any such person shall be so stopped or arrested, to be dealt with as herein-after is directed.

Bags, casks, &c. containing spirits liable to forfeiture, and carriages, &c. employed for unlawful removal, to be forfeited.

26. All bags, casks, bottles, jars, utensils, or vessels, in which . . . any spirits, worts, wash, pot ale, low wines, singlings, or other liquors, liable to forfeiture under this Act, shall be contained, and all carriages, carts, cars, and all horses and other cattle, and all boats, made use of in the removal or conveyance, or having been used in the removal or conveyance, of any liquors, or any still, still head, or worm, or any . . . goods, liable to forfeiture under this Act, shall be forfeited, and may be seized by any officer of excise.

Owners, &c. of illicit stills, spirits, &c. to forfeit 100l.

27. Every owner or part owner . . . of any still, still head, or worm, or of any worts, wash, or pot ale, low wines or singlings, or of any spirits, or of any back, vat, utensil, or vessel used for illicit . . . distilling, found or discovered to have been in the possession of any other person or in any place whatever, or who shall have or derive any interest in or from . . . any still, still head, or worm, or any wort, wash, or pot ale, low wines, singlings, or spirits illicitly made or distilled, shall forfeit one hundred pounds, subject to the mitigation hereafter mentioned.

Persons permitting private distilling to be carried on in their house, &c. to forfeit 60l.

28. If any person shall permit or knowingly suffer any private . . . distillation of spirits to be carried on in any house, outhouse, yard, garden, land, or premises belonging to or in the occupation of such person, such person shall forfeit sixty pounds, subject to the mitigation herein-after mentioned.

Persons forcibly opposing officers, or assembling and found armed to assist in removing illicit articles, to be guilty of felony.

29. Every person who shall, with any fire-arms, swords, bludgeons, sticks, stones, or other offensive weapons, assault, or with force and violence obstruct, any officer of excise, or other person acting in his aid, in searching for, seizing, or securing, or in destroying any spirits, low wines, singlings, wort, wash, or pot ale, or any still, still head, or worm, or any back, vessel, or utensil, or any malt or corn or grain, or other goods, or in seizing and securing any horse, cattle, carriage, cart, boat, or vessel, or in arresting, securing, or detaining any person liable to arrest under any of the provisions of this Act, or shall rescue or attempt to rescue any seizure made by any officer of excise, or any person arrested and detained by any officer of excise, or who shall, to the number of two or more, be found armed with any fire-arms, swords, bludgeons, sticks, or stones, or other deadly or offensive weapons, or wearing any mask, vizard, or other disguise of the person, removing, carrying, and conveying, or having in their custody and possession, or assembled together for the purpose of or in order to be aiding and assisting, or being aiding and assisting, in carrying and conveying, any malt or spirits illegally made or distilled, or the duties whereon shall not have been fully paid, or any still, still head, or worm of a still, or any wort, wash, pot ale, low wines, or singlings, or any corn or grain making into malt, or any keg, cask, or vessel which shall have contained spirits illegally distilled, or the duties whereon shall not have been fully paid, shall be guilty of felony, and on conviction shall be transported for the term of seven years, or, in the discretion of the court, sentenced to be imprisoned and kept to hard labour for any time not exceeding three years nor less than six calendar months.

Penalty on persons making signals or giving notice to persons engaged in illicit distilling, &c. of the approach of excise officers.

30. [Recital.] Every person who shall make or cause to be made, or aid or assist in making, any signal to any person engaged in illicit . . . distilling, or carrying or conveying or having in possession . . . any still, still head, or worm, or any worts, wash, pot ale, low wines, singlings, or spirits, or any cask, keg, or vessel, or give any warning to any such person so engaged as aforesaid, of the approach of any officer of excise, or of any person acting in his or their aid, shall for every offence forfeit ten pounds, subject to the mitigation hereafter mentioned; and any officer of excise or any other person may stop, arrest, and detain any person who shall so make or aid or assist in making such signal, or so giving warning, and convey such person before one or more of his Majesty’s justices of the peace residing near to the place where any such person shall be so stopped, arrested, and detained, to be dealt with as herein-after is directed.

How penalties are to be recovered.

31. All penalties and forfeitures imposed by this Act may be sued for, prosecuted, and recovered, by action of debt, bill, plaint, or information, in his Majesty’s Court of Exchequer in Dublin, in the name of his Majesty’s attorney general, or in the name of some officer of excise, or, on complaint in manner herein-after mentioned, to or before any one or more of his Majesty’s justices of the peace of the county, city, or place wherein the offence shall be committed.

Proceedings before justices where parties are not arrested.

32. Where any complaint shall be made to any justice or justices of the peace for the recovery of any penalty under this Act (except as herein-after provided for in the cases of persons arrested and detained and brought before such justice or justices), the justice or justices to whom such complaint shall be made is and are hereby authorized and required to summon the party accused to appear before him or them on a day and at a time and place to be named in such summons, not being less than six nor more than fourteen days from the date of such summons, and upon his appearance or default to proceed to the examination of the matter, and upon due proof thereof, either on the confession of the party or upon the oath of one or more credible witness or witnesses, to convict the offender; and in case the said penalty or penalties, or the amount to which the same shall be mitigated, shall not on conviction be forthwith paid into the hands of the prosecutor or person authorized to receive the same, such justice or justices may, by warrant under his or their hand or hands, immediately commit such offender or offenders to any gaol or prison of the county or place wherein the offence shall have arisen, or wherein the offender or offenders shall have been found, there to remain for such period as shall be specified in such warrant, according to the provisions of this Act, unless such penalty or penalties shall be sooner paid: Provided always, that where it shall appear to any justice or justices by or before whom any person shall be convicted that such person has sufficient goods and chattels whereon to levy the penalty or penalties, the justice or justices may, before issuing any warrant of commitment, grant a warrant under his or their hand or hands to levy such penalty or penalties on the goods and chattels of such offender; and if such goods and chattels for satisfying such warrant, and the expenses of the levy and sale of the offender’s goods, shall not be found, then the said justice or justices shall grant such warrant of commitment as aforesaid.

If the justice before whom any complaint is made, &c. do not attend, another justice may hear and determine the matter.

Fresh summons to be issued if no justice attends.

Service of summons.

33. Provided always, that if any justice or justices to or before whom any complaint shall have been exhibited, and who shall have issued any summons, shall be absent or not attend at the time and place named in such summons, it shall be lawful for any other justice or justices of the peace within the same jurisdiction who may be in attendance to act in the matter of the said complaint for and in lieu of the justice to or before whom the same shall have been exhibited, in all respects relating to such complaint, and the due completion of the proceeding thereupon, in the same manner as if such complaint had been at first exhibited before such other justice or justices; and in cases neither the justice or justices, or either or any of them, before whom any such complaint shall have been made, nor any other justice, shall attend at the time and place named in the summons, then the justice or justices before whom such complaint shall have been made, or any one of them, shall, on application made for that purpose, issue a second summons for the defendant’s appearance on a day and hour and at a place to be therein named; at which time and place such justice or justices, or one of them, is hereby peremptorily required to attend to hear and determine the matters of such complaint: Provided also, that any summons, directed in the right or assumed name of the person summoned, left at or upon the placed used or occupied by any person for carrying on trade or business, or at the house or building where the offence shall have been committed or seizure made, or at the place of residence or with the wife or child or servant of the person summoned, shall be deemed to be duly served.

Proceedings where persons are arrested.

34. Any justice or justices of the peace, before whom any person liable to be arrested and detained or who shall be arrested and detained for any offence under the provisions of this Act authorizing such arrest and detention shall be carried, may and shall, on the confession of such person of such offence, or on proof thereof upon the oath or oaths of one or more credible witness or witnesses, convict such person of any such offence; and every such person so convicted shall immediately upon conviction pay into the hands of the officer or person authorized to receive the same the penalty adjudged against him, or the amount to which the same shall be mitigated; or, in default thereof, the said justice or justices shall, by warrant under his or their hand or hands, commit the person so convicted to any gaol or prison of the county or place, there to remain for such period as shall be specified in such warrant according to the provisions of this Act, unless such penalty shall be sooner paid.

Justices may order persons arrested to be detained.

35. And whereas it is expedient that time should be allowed to prepare complaints, convictions, and warrants of commitment: Be it further enacted, that where any person shall be arrested and detained by any officer or officers of excise for any offence under any of the provisions of this Act authorizing such arrest and detention, and shall be taken and carried before any justice or justices of the peace, if it shall appear to such justice or justices that there is reasonable cause to detain such person, such justice or justices may order such person or persons to be detained a reasonable time, and at the expiration of such time such justice or justices may proceed to hear and finally determine the matter, or to commit such person to prison.

Where petty sessions are established under 7 & 8 Geo. 4. c. 67., defendants may be summoned to the sessions, and parties arrested may be held to bail to appear at the sessions; and the matter shall be there heard and determined.

Proviso where parties will not or cannot give bail.

36. Where any complaint for the recovery of any penalty under this Act shall be made to any justice or justices of any county in which the holding of petty sessions shall be established under an Act passed in the seventh and eighth years of the reign of his late Majesty King George the Fourth, intituled “An Act for the better administration of justice at the holding of petty sessions by justices of the peace in Ireland,” such justice or justices may and is hereby required to summon the party accused to appear before the justices assembled at the next petty sessions to be holden for the district within which such offence shall be committed, or the justice or justices to whom complaint shall be made shall reside; and on the appearance or default of the party accused the justices assembled at such petty sessions shall proceed to the examination of the matter in question, and determine the same in manner herein directed to be done by justices out of sessions; and where any person shall be arrested and detained, and be brought before any justice or justices of any county in which any such petty sessions shall be established, such justice or justices may and shall hold the person so arrested to bail in the sum of twenty pounds, with two sufficient sureties in the sum of ten pounds each, to appear before the justices assembled at the next petty sessions for the district; and the justices assembled at such petty sessions shall proceed to hear and determine the matter, in the same manner as is herein directed to be done by the justice or justices before whom such person shall be brought: Provided always, that if any person so arrested and detained shall not be willing or able to give such sufficient bail as aforesaid, the justice or justices before whom he, she, or they shall be brought shall immediately proceed to hear and determine the matter as herein-before directed.

Persons liable to arrest, not being detained at the time, may be afterwards arrested.

37. If any person liable to be arrested and detained under the provisions of this Act shall not be detained at the time of committing the offence for which he is so liable, or after detention shall make his escape, any officer of excise may stop, arrest, and detain such person at any time afterwards, and carry him before any justice or justices of the peace, to be dealt with as if detained at the time of committing the offence.

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.

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.

Power to mitigate penalties.

Imprisonment for non-payment of penalties shall not be for less than three months.

39. Any justice or justices of the peace may, when they shall see cause, mitigate any penalty incurred for any offence committed against this Act, as he or they shall think fit, so as such mitigation shall not in any case reduce such penalty to less than six pounds; and every such mitigation, and payment thereupon made, shall be a sufficient discharge of every such penalty to the person or persons convicted: Provided always, that no justice or justices shall commit any person to any gaol or prison for non-payment of any penalty adjudged against such person under the provisions of this Act, or of any mitigated amount thereof, for any period less than three calendar months.

Where any persons already convicted are found guilty of a subsequent offence, the penalty shall not be mitigated to less than double the amount of the former penalty, &c.

Period, &c. of imprisonment in such cases.

Imprisonment for non-payment not to exceed 12 months.

40. Where any person who shall have been convicted and adjudged to pay a penalty for any offence against any of the provisions of this Act shall be again convicted of any other offence against any of the provisions of this Act, the justice or justices who shall convict such person of such subsequent offence shall not mitigate the penalty incurred to any less amount than double the amount of the sum adjudged against such person when last convicted, and in default of immediate payment such person shall be committed to the gaol or prison of the county or place for not less than double the period for which such person was committed or liable to be committed on such preceding conviction; and the justice or justices committing any such person convicted of any such subsequent offence shall in the warrant of commitment direct such person to be kept to hard labour, unless it shall be made to appear to such justice or justices that such person had paid at least one half of the penalty adjudged against such person on his previous conviction: Provided always, that no penalty to be imposed by any justice or justices for any first or subsequent offence against the provisions of this Act shall exceed the amount herein-before imposed for each offence respectively, nor shall any person be committed in default of payment for any longer period than twelve calendar months.

Proof of former conviction, &c.

41. Proof of any former conviction, and the amount of the penalty adjudged against any person, or to which such penalty was mitigated under the provisions of this Act, may be made by the production of such former conviction, or any warrant of commitment issued thereon, and proof of the justices handwriting thereto, or by the confession of the party, or by the testimony on oath of any one or more credible witness or witnesses who shall have been present at such former conviction.

Penalties and period of imprisonment to be apportioned, and defendants may pay part of the penalty to be released from a portion of the imprisonment.

No sum less than one monthly instalment of any penalty to be accepted.

42. [Recital.] Every justice and justices of the peace by and before whom any person or persons shall be convicted of any offence against this Act shall, in mitigating any penalty in which any such person shall be convicted, and in committing such person or persons to gaol in default of payment of the penalty in which he shall have been convicted, so apportion the amount of mitigation and period of imprisonment as that the penalty or mitigated amount thereof being divided by the period of imprisonment may be regularly calculated into even monthly instalments of not less than two pounds per calendar month, and every month’s imprisonment which any person convicted of any offence against this Act, and against whom any penalty shall have been adjudged, shall suffer, shall be taken to be equivalent to payment of one month’s instalment of such penalty; and if any person who shall be committed to prison in default of payment of any penalty under the provisions of this Act shall, after undergoing any part of such imprisonment, be desirous of being released therefrom on payment of a proportion of such penalty, such person may pay into the hands of the gaoler or keeper of the prison such a sum of money as shall appear to be the amount of the penalty remaining due after deducting the monthly instalment or instalments which shall be deemed to have been paid by the number of calendar months such person shall have been in prison; (that is to say,) if such person shall have been committed to prison for the period of three calendar months for nonpayment of the sum of six pounds, and shall have been in prison two calendar months, then to pay the sum of two pounds; if in prison one month, then to pay the sum of four pounds; if such person shall have been committed for the period of six months for nonpayment of eighteen pounds, and shall have undergone one month’s imprisonment, then to pay the sum of fifteen pounds; if in prison two months, twelve pounds; if in prison five months, three pounds; and so in proportion, reckoning as aforesaid each calendar month’s imprisonment equal to a payment of a monthly proportion of the amount of penalty for nonpayment of which such person shall have been committed; and every gaoler and keeper of any prison in which any such person shall be imprisoned shall on receipt of such payment forthwith discharge the person making the same from custody for the remainder of the period for which such person shall have been committed; and if any person against whom any penalty shall be adjudged for any offence against this Act, and who shall be directed to be committed to prison for any period for default of payment of such sum, shall previous to being removed to the gaol or prison pay down any part of the penalty which he or she shall be adjudged to pay, the justice or justices before whom such person shall be convicted may allow such part payment to be made; and such justice or justices shall in every such case, by indorsement on the back of the warrant of commitment, specify the amount so paid, and direct such person or persons to be imprisoned for such a period of time only as shall be equivalent, according to the monthly proportions or instalments of the penalty, calculated and apportioned as aforesaid, to the amount of penalty remaining unpaid: Provided always, that no sum less than the sum of two pounds shall be allowed to be so paid as a proportion or instalment of any penalty, or, if the monthly proportion shall exceed the sum of two pounds, then no less a sum than one whole monthly proportion of the penalty, calculated and apportioned as aforesaid, shall be allowed to be paid by any person, in order to be released from any portion of his or her imprisonment.

Where a levy warrant is issued, the sum recovered shall be deemed a payment pro tanto, and time of imprisonment shall be shortened accordingly.

43. In all cases where any levy warrant shall be issued by any justice or justices for the recovery of any penalty by him or them imposed under the authority of this Act, and any sum of money shall be recovered by the distress and sale of the goods and chattels of the party convicted, the amount so recovered, if equal, after deducting the expenses of the levy and sale, to one month’s proportion of the penalty, shall be deemed a payment by such party; and the justice or justices who shall have granted such warrant shall proceed in the same manner as if the sum so recovered had been paid by such person, and shall indorse the warrant of commitment accordingly.

Gaoler to pay over all money by him received to the officer of excise authorized to receive it;

and to produce warrants of commitment for inspection of officers.

44. Every gaoler or keeper of any gaol or prison, who shall receive any proportion of any penalty for nonpayment of which any person shall have been committed to his custody under the provisions of this Act, shall forthwith on the receipt of the same, by indorsement on the warrant of commitment, specify the amount paid, and the time when the same was paid, and the person paying the same liberated; and every such gaoler or keeper shall pay over every such sum of money so received to the collector of excise, or any person authorized by such collector to receive the same, on demand, or in default of payment shall forfeit a sum equal to double the amount so by him received; and every gaoler and keeper of any prison shall produce to the inspection of any officer of excise who may demand to see the same every warrant of commitment under which any person shall have been committed to the custody of such gaoler or keeper for nonpayment of any penalty under the authority of this Act, within twelve months preceding such demand, and shall allow and permit the officer of excise requiring the same to inspect every such warrant, and to take a copy thereof, and of any indorsement thereon, or any extract therefrom; and if any such gaoler or keeper shall refuse or neglect to produce any such warrant, when so demanded, or to allow the officer of excise demanding the same to inspect such warrant, or to take any copy thereof, or of any indorsement thereon, or any extract therefrom, every gaoler or keeper so offending shall for every such offence forfeit one hundred pounds, to be recovered in the same manner and by the same means and methods as other penalties under this Act are to be sued for, levied, and recovered.

Application of penalties.

Rewards to officers of excise and informers.

45. All penalties or portions of penalties which shall be recovered for any offences done or committed against the provisions of this Act shall, when recovered, be applied, in the first place, in payment of the expenses of recovering the same, and in the next place shall be divided and paid, one moiety thereof to the use of his Majesty, and the other moiety thereof, in such shares and proportions as the commissioners of excise shall direct, to and amongst the officer or officers of excise who shall have discovered the offences for the commission of which such penalties shall be imposed, and the person or persons acting in the aid and assistance of such officer or officers, or who shall have given information of such offences, or to and amongst such of them as the said commissioners shall direct to share therein; and in all cases where any penalty shall be imposed on any person for any offence against the provisions of this Act, and such penalty, or one half thereof, shall not be recovered, the commissioners of excise may direct a sum of money not exceeding one moiety of the penalty imposed to be paid from the revenue of excise, and divided and distributed in the same manner as the moiety of the penalty, if recovered, would have been divided and distributed amongst the officers of excise, and the persons acting in their aid and assistance, or who shall have given any information, or such of them as the said commissioners shall direct to share therein.

Seizures, if not claimed within 14 days, to be forfeited.

If claimed, proceedings to be had as in case of other excise seizures.

46. All seizures made of any goods, commodities, chattels, or things forfeited under the provisions of this Act, and not claimed within the space of fourteen days after seizure, by application in writing either to the collector or supervisor of excise, or to the officer seizing, or in whose custody, the goods, commodities, chattels, or things seized shall be, shall be absolutely forfeited, as fully and effectually as if the same had been condemned by judgment of condemnation of his Majesty’s Court of Exchequer; and in all cases in which any goods, commodities, chattels, or things seized shall be claimed by any person within such time as aforesaid, such proceedings shall be had for the condemnation thereof as in the case of other goods, commodities, or chattels or things seized as forfeited under any law or laws of excise.

Sale or destruction of seizures.

Application of proceeds of sale.

47. All malt, corn, or grain, and all spirits, which shall be seized under the provisions of this Act, which shall become forfeited for want of claim, or which being claimed shall, on proceedings had for the condemnation thereof, be adjudged forfeited, shall be sold and disposed of, either publicly to the best bidder or by private sale, at such time, at such place, and in such manner, as the commissioners of excise shall direct; and all and every still, still head, and worm, and all casks, kegs, and vessels, which shall be seized and become forfeited as aforesaid, shall be cut up and broken to pieces, and the materials thereof sold and disposed of in like manner, by order of the commissioners of excise; and all boats, horses, carriages, and other goods, commodities, and chattels, so seized and become forfeited, shall in like manner be sold and disposed of as the commissioners of excise shall direct; and all worts, wash, low wines, and singlings, so seized, shall be wholly and effectually spilled and destroyed; and the monies arising from the sale and disposal of such seizures shall, when received, be applied, under the directions of the commissioners of excise, in the first place, in payment of the expenses, if any, incurred in the seizure or removal of the goods, commodities, or chattels seized, or in the condemnation thereof; and after payment of such expenses such monies shall be divided and paid, in such proportions and in such manner as the commissioners of excise shall order and direct, to and amongst the officer or officers of excise by whom such seizure shall be made, and the person or persons acting in the aid and assistance of such officer or officers, or by whose information such seizure shall have been discovered, or to and amongst such of them as the said commissioners shall direct to share therein: Provided always, that no malt or spirits seized and forfeited under the provisions of this Act shall be sold for any sum less than the duties of excise payable thereon; and in case any such malt or spirits shall not sell for an amount equal to the duties payable thereon, such malt or spirits shall be effectually destroyed; and in such case it shall be lawful for the commissioners of excise, to order a sum of money, not exceeding the duties on the malt or spirits so destroyed, to be paid out of the revenue of excise, and to be divided in the same manner as the produce of such seizures, if sold, would have been divided.

Proof of payment of duties, or of a permit having been granted, to lie upon defendants.

48. On the hearing or trial of any proceedings for recovery of any penalty imposed by this Act on any person who shall sell, buy, or receive, or shall remove, carry, or convey, or assist in removing, carrying, or conveying, or shall hide or conceal, or have in his or her possession, or in whose dwelling house, outhouse, or premises shall be found, any spirits illegally distilled, or the full duties chargeable whereon had not been paid, or any spirits whatever in any quantity requiring a permit by law which shall not have been duly and legally permitted and attended with a proper permit, . . . the defendant or defendants in such proceedings shall be convicted, unless due proof be made by such defendant or defendants that the full duty on such spirits has been duly paid, or that such spirits were bought by or for such defendant or defendants and received from a licensed distiller or some person licensed to sell spirits, or that the same were attended with a proper permit or permits to such defendant or defendants . . . ; any law, usage, or custom to the contrary notwithstanding.

Proceedings before justices to be in the form in the schedule.

No appeal or certiorari, &c. allowed.

49. The proceedings to be had before any justice or justices for the recovery of any penalty under this Act may be in the form contained in the schedule hereto annexed; and it shall not be lawful for any person to appeal against any judgment or conviction or proceedings of any justice or justices under this Act, nor shall any writ of certiorari or other writ or process be issued out of any of his Majesty’s courts of record, on behalf of any defendant, to remove or any way affect any such judgment, conviction, or proceeding.

Either of the offending parties informing against the other shall, on conviction of the other, be acquitted of his own penalty.

Evidence of informer to be admitted.

50. On the commission of any offence under this Act, either of the offending parties who shall first discover and inform against the other or others of such offending parties, before any information or complaint has been lodged against such informing party for such offence, shall upon conviction of the person or persons against whom such information shall be given, be discharged and acquitted from all penalties to which at the time of such information given such informing party may be liable, for or by reason of any such offence committed by such informing party; and the evidence of such informing party shall on any trial at law touching such offence be admitted to prove the facts thereof or relating thereto.

Illicit distillers, &c. to be subject also to penalties under other Acts.

51. Provided always, that all and every person committing any offence against the provisions of this Act, by illegally . . . distilling, selling, or keeping spirits, or removing spirits, shall also be subject and liable to all penalties imposed by any other Act or Acts in force relating to . . . spirits, and to permits, in the same manner as if such person or persons were duly licensed as . . . distillers, rectifiers, or compounders, dealers in, or retailers of spirits; and the commissioners of excise may, if they shall see fit, order any persons committing any offence against this Act to be sued and prosecuted for the recovery of any other or further penalty or penalties, forfeiture or forfeitures, incurred under the provisions of any other Acts relating to malt or spirits, in lieu of or in addition to the penalties or forfeitures by this Act imposed.

No action, &c. to be brought against an officer without a month’s notice as required by 7 & 8 Geo. 4. c. 53.; which Act shall extend to this Act.

52. No writ, summons, or process shall be sued out against or served on, nor shall any action be brought or prosecuted against, any officer of excise, or any person acting in the aid and assistance of any such officer, or against any other person, for anything done in pursuance of this Act, until the expiration of one calendar month’s notice in writing shall have been delivered to such officer or person, in manner required by an Act made in the seventh and eighth years of his late Majesty’s reign, intituled, “An Act to consolidate and amend the laws relating to the collection and management of the revenue of excise throughout Great Britain and Ireland”; which said Act shall, in all matters and things not expressly provided for in this Act, or not repugnant thereto, or hereby altered or varied, extend to this Act.

Construction of terms in this Act.

53. Whenever in this Act the singular number or masculine gender only shall be used, such word or words shall be construed to mean several persons as well as one, and females as well as males, and bodies corporate and politic as well as individuals, and several matters and things as well as one matter or thing, unless it be otherwise specially provided for, or there be something in the subject or context repugnant to such construction.

[Ss. 54–56 rep. 37 & 38 Vict. c. 35. (S.L.R.)]

SCHEDULE to which this Act refers.

Form of Complaint to a Justice of the Peace, where the Party charged is not liable to be arrested and detained.

No. 1.

The said E.F., being a maker of stills at      in the said county, did, for the space of three days after a certain still of less content than two hundred gallons made by him [or her] the said E.F. was finished, neglect to give notice to the proper supervisor or officer of excise that the said still was ready to be gauged and stamped, as required by the statute in such case made and provided.

The said E.F., at      in the said county, did import and bring a certain still of less content than two hundred gallons into Ireland, and did for the space of three days after the arrival of such still neglect and omit to give notice of the same to the proper officer or supervisor of excise, as required by the statute in such case made and provided.

The said E.F. was the owner of a certain still of less content than two hundred gallons, at      in the said county, which said still had not been previously gauged by the proper officer of excise, and marked in the manner required by the statute in such case made and provided.

A certain still which had not been properly gauged by the proper officer of excise, and marked in the manner required by the statute in such case made and provided, was found in the possession of the said E.F., at      in the said county.

The said E.F., at      in the same county, did send and convey a certain still from a certain part of Ireland to another part thereof, without having obtained a permit, as required by the statute in such case made and provided, for the removal of the said still.

The said E.F., not being a licensed distiller, brewer, or maker of vinegar, did, at      in the said county, brew and make [or, had in his [or her] possession, at      in the said county,] a certain quantity, (that is to say,)      gallons of worts, wash, and pot ale, the same not being for the purpose of being brewed into beer for the private use of him [or her] the said E.F.

The said E.F., not being a licensed distiller, did, at      in the said county, distil [or, had in his [or her] posession] a certain quantity, that is to say,      gallons of low wines and singlings.

The said E.F., not being licensed to use or keep a still, had and kept, at      in the said county, a certain still, still head, and worm of a still.

The said E.F., not being lawfully authorized thereto had in his possession, at      in the said county, [or] had in a certain dwelling, outbuilding, place, or premises, occupied by him the said E.F., at      , a certain quantity, (that is to say,)      gallons of wort, wash, and pot ale, not being for the purpose of being made into beer for private use, [or] a certain quantity, (that is to say,)      gallons of low wines and singlings, [or] a certain still, still head, and worm of a still.

The said E.F. was the proprietor [or occupier] of a certain house [or place], situate at      in the said county, in which a certain private and concealed still, [or] back, [or] vat, [or] cooler, [or] vessel, used in illicit distillation, [or] a certain quantity, (that is to say,)      gallons of private and concealed spirits, [or] of private and concealed low wines, [or] of private and concealed wort, [or] of private and concealed wash, [or] of private and concealed materials, preparing [or] prepared for distillation, was on the said      day of      in the year      aforesaid, seized by one G.H., officer of excise.

The said E.F., at      in the said county, did obstruct, oppose, molest, and hinder G.H., officer of excise, and I.K., acting in the aid and assistance of the said G.H., in the searching for and seizing certain private and concealed stills, backs, vats, coolers, and other vessels, used in illicit distillation.

[or] certain quantities of private and concealed spirits, low wines, wash and other materials for distillation.

The said E.F. did, at      in the said county, obstruct, &c. [as before] in detaining and keeping in the place where the same were found, [or] in removing from the place where the same were found to the next office of excise, certain private and concealed stills, &c. [as before].

The said E.F. did, at      in the said county, harbour, keep, and conceal, [or] knowingly permitted to be harboured, kept, or concealed, [or] did give aid and assistance, [or] a certain reward, to one G.H., to harbour, keep, and conceal, a certain quantity, (that is to say,)      of spirits which had been illegally distilled, [or] the duties chargeable whereon had not been paid.

The said E.F., at      in the said county, had in his possession a certain quantity of spirits for which a permit is by law required, which said spirits had not been duly and legally permitted and attended with a proper permit to him [or her] the said E.F.

[or] a certain quantity, (that is to say,)      of spirits, the full duties whereon had not been fully paid.

The said E.F. was the owner, [or] part owner, of a certain still, still head, and worm, [or] a certain quantity of worts, wash, and pot ale, [or] low wines and singlings, [or] of spirits, [or] a certain back, vat, [or] utensil, [or] vessel, used for illicit distilling, found, [or] discovered to have been in the possession of one G.H., at      in the same county.

The said E.F. was interested in a certain still, still head, and worm, [or] in a certain quantity of worts, wash, and pot ale, [or] of low wines and singlings, [or] of spirits illicitly made [or] distilled, found [or] discovered to have been, in the possession of one G.H.,      at in the said county.

The said E.F. did permit and knowingly suffer a certain private distillation of spirits, to be carried on in a certain house, [or] outhouse, [or] yard, [or] garden, [or] on certain lands [or] premises, situate at      in the said county, belonging to, [or] in the occupation of, the said E.F.

No. 2.

Summons on the foregoing Complaint.

Whereas complaint hath been made to me, C.D., one of his Majesty’s justices of the peace in and for the county of      , by A.B., officer of excise, against you, E.F., for that on the      day of      , in the year      , you E.F., did [as in the complaint, using “you” and “your” for the said E F., or the dwelling of the said E.F., &c.] contrary to the form of the statute, and whereby you have incurred the penalty of      : You are therefore hereby summoned to be and appear, at the hour of of the clock, on the day of      one thousand eight hundred and      , at      , before me, or such other of his Majesty’s justices as shall be then and there attending, to answer and make defence to the matters of the said complaint; and in default of your appearance the same will be heard and determined in your absence. Dated this day of      , in the year one thousand eight hundred and thirty      .      (Signed) C.D.

J.P.

To E.F., of the parish of            ,

      in the county of            .

No. 3.

Form of Conviction to be used for an Offence against this Act, on Complaint made where the Offender has been summoned being liable to Arrest.

No. 4.

Form of Commitment to Gaol of an Offender not liable to Arrest.

Whereas E.F. has been convicted before me, C.D., one of his Majesty’s justices of the peace in and for the county of      , of having [state the offence as in the complaint], contrary to the form of the statute in such case made and provided, the said E.F. has for such offence been adjudged by me the said justice to have forfeited the sum of      , which sum of      has been mitigated to the sum of      ; and the said E.F., having been so convicted, not having paid on such his conviction the said last-mentioned sum of      : These are therefore to require you the said A.B. and G.H., or either of you, forthwith to take, carry, and convey the said E.F. to the      at      , in the      , and to deliver him into the custody of the goaler or keeper of the said      ; and the said gaoler or keeper of the said      is hereby by me the said justice required to receive the said E.F. into his custody, and him safely keep until the expiration of      calendar months, unless the said sum of      shall be sooner paid. Given under my hand, at      in the of      , this      day of      , in the year of our Lord      .

No. 5.

Warrant of Distress, where such Warrant is issued.

Whereas E.F. has been duly convicted before me, C.D., esquire, one of his Majesty’s justices of the peace, of the offence of having [state the offence from the complaint]: And whereas the said E.F. has forfeited for his said offence the sum of      , by me the said justice mitigated to the sum of      , which said last-mentioned sum of      has not been paid: These are therefore to command you the said A.B., L.M., and G.H., or either of you, to levy the said sum of      by distress and sale of the goods and chattels of the said E.F.; aud I the said justice do hereby order and direct the goods and chattels so to be distrained to be sold and disposed of within      days after such distraint, unless the said sum of      , for which such distress shall be made, together with all reasonable charges of taking and keeping such distress, shall be sooner paid. You the said A.B., L.M., and G.H. are hereby commanded to certify to me the said justice, on the      day of      next ensuing, what you shall do by virtue of this warrant. Given under my hand and seal, at      in the      , this      day of      , in the year of our Lord      .

No. 6.

Commitment, where the Defendant is arrested.

Whereas E.F. of      , has been convicted before me, C.D., one of his Majesty’s justices in and for the      of      , of having on the      day of      , in the year of our Lord      at      , in the county of      , [here state the offence, according to the facts, in the form below], contrary to form of the statute in such case made and provided; and he the said E.F. has for such offence been adjudged by me the said justice to have forfeited the sum of      , which said sum of      has been mitigated to the sum of      ; and the said E.F., having been so convicted, not having paid on such his conviction the said last-mentioned sum of      : I the said justice do hereby commit and send the said E.F. to the      at      , there to remain for the space of      calendar months, unless the said sum of shall be sooner paid; and I do hereby command you the said A.B. to convey and deliver the body of the said E.F. to the gaoler or keeper of the said      ; and the said gaoler or keeper of the said      is hereby by me the said justice required to receive the said E.F. into his custody in the said      , and him there safely to keep, in execution of the judgment and conviction aforesaid. Given under my hand and seal, at      , this day of      , in the year of our Lord      .

“Been discovered in a certain room,” [or] “place, where the private distillation of spirits,” [or] “private making and preparing of worts, wash, and pot ale,” [or] “singlings,” was then carrying on.”

“Been found removing and carrying a certain still, still head, and worm,” [or] “certain spirits, for which a permit was by law required, without a lawful permit accompanying the same.”

“Been found removing and carrying certain spirits which had been illegally distilled,” [or] “the duties whereon had not been paid,” [or] “a certain keg” [or] “cask,” [or] “vessel, which had contained illicit spirits.”

“Made, and aided and assisted in making, certain signals to certain persons engaged in illicit distilling,” [or] “carrying and conveying,” [or] “having in their possession a certain still, still head, and worm,” [or] “certain worts, wash, and pot ale,” [or] “low wines and singlings,” [or] “spirits,” [or] “a certain cask, keg,” [or] “vessel, in order to give notice to such persons of the approach of certain officers of excise.”

[¹ Short title, “The Illicit Distillation (Ireland) Act, 1831.” See Short Titles Act, 1892. All powers, authorities, and privileges of officers of excise in relation to offences under this Act are extended to officers of the constabulary, 20 & 21 Vict. c. 40. s. 5.]