Illicit Distillation (Ireland) Act 1831
| Jurisdiction | Ireland |
| Citation | 1831 c. 55 |
| Year | 1831 |
(1 & 2 Will. 4) C A P. LV.
[20th October 1831]
'WHEREAS the Laws now in force for suppressing the unlawful making of Malt and illicit distilling of Spirits inIreland are become numerous, and the Provisions thereof complicated, and it is therefore expedient to repeal the said Laws, and to make other Provisions in lieu thereof:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That no Person shall keep or use any Kiln for the drying of any Corn or Grain, or any Mill for the grinding of any Corn, Grain, or Malt, until he shall have made Entry of such Kiln or Mill by signing and delivering an Account in Writing to the Officer of Excise within whose Survey such Kiln or Mill shall be situate of his Name and Place of Abode, and the Place where such Kiln or Mill is situated, and shall have painted in Oil Colour in Black upon a White Ground, or in White on a Black Ground, and put up on the Outside of the Door or Place of Entrance of such Kiln or Mill, or on a Board to be erected and affixed on some conspicuous Part of the Outside thereof, in legible Letters of Two Inches at least in Length, his Christian and Surname; and the Officer of Excise shall register such Entry, and shall grant a Certificate of such Entry and Registry, by giving a Copy thereof, signed by him, to the Person making the Entry; and every Person who shall keep or use any Kiln for the drying of any Corn or Grain, or any Mill for the grinding of any Corn, Grain, or Malt, without having made such Entries and complied with such Particularsas aforesaid, shall forfeit Thirty Pounds, subject to the Mitigation hereafter mentioned; and all Corn or Grain or Malt found on or in any such Kiln or Mill whereof Entry shall not have been made as herein-before directed shall be forfeited, and may be seized by any Officer of Excise.
II Where the Owner of an unentered Kiln cannot be found, the Occupier of the Soil may be require to make Entry of it, or destroy it; and in default he shall be liable to the Penalty for keeping a Kiln without Entry;
II. 'And whereas Kilns whereof no Entry hath been made or Notice given are frequently used to dry Malt which has been illegally made, and it is difficult to discover the Keepers of or Persons holding or occupying such Kilns, so as to require Entry to be made of the same;' for Remedy whereof be it further enacted, That where any Kiln shall be discovered whereof Entry shall not have been made in manner required by this Act, and no actual Owner or Keeper of such Kiln, or any Person claiming Right or Title to the same, shall be discovered, it shall be lawful for any Officer of Excise, if such Kiln shall be erected or placed on any Land in Occupation, by any Notice in Writing to require the Occupier of the Land on which such Kiln shall be to make or cause to be made Entry of such Kiln in manner required by this Act, or to remove and destroy the same; and the Delivery of such Notice to such Occupier, or leaving the same at his or her Dwelling House, or with the Wife, Servant, or Child of such Occupier shall be deemed and taken to be sufficient Service of such Notice; and if the Occupier of such Land shall not, within Fourteen Days after the Service or Delivery of such Notice, make or cause to be made Entry of such Kiln in manner required by this Act, or destroy or remove the same, such Occupier, shall be liable to the Penalty by this Act imposed for keeping a Kiln without having entered the same; and if any such Kiln shall be on any Common Land, or on any Ground not in Occupation, or the Occupier thereof shall not be known, the Officer of Excise shall cause Notice in Writingto be affixed on some conspicuous Part of such Kiln, requiring the Owner of such Kiln within Fourteen Days to make Entry thereof; and if within Fourteen Days after affixing such Notice no Person shall make Entry of such Kiln, it shall be lawful for any Officer of Excise, and any Persons acting in his Aid, to destroy such Kiln, and to remove and dispose of the Materials thereof: Provided always, that any Person who shall be proved to have used any unentered Kiln, the real Owner or Keeper whereof shall not be known, shall be deemed to be the Owner or Keeper thereof, and shall be liable to the Penalty by this Act imposed for keeping a Kiln without having entered the same.
III Malt not to be dried on Kilns kept for drying Corn or Grain.
III. And be it farther enacted, That it shall not be lawful for any Person to dry any Malt, or any Corn or Grain making into Malt, on any Kiln erected and kept for drying Corn or Grain, or on any Kiln other than an entered Kiln in a Malthouse duly entered as required by Law for making Malt therein; and if any Malt, or any Corn or Grain making into Malt, shall be found on any Kiln erected and kept for drying Corn or Grain, whether such Kiln shall be entered and registered as herein-before required or not, or on any Kiln other than as aforesaid, all such Malt, or Corn or Grain making into Malt, shall be forfeited, and may be seized by any Officer of Excise; and the Owner or Person keeping such Kiln whereon such Malt, or Corn or Grain making into Malt, shall be found, shall for every such Offence forfeit Thirty Pounds, subject to the Mitigation hereafter mentioned, unless such Owner or Person shall declare and make known the Owner of such Malt, and give Evidence of Ownership against such Owner.
IV Penalty on placing Malt on a Kiln.
IV. And be it further enacted, That every Person who shall place any Malt, or any Corn or Grain making into Malt, on any Kiln kept for drying Corn or Grain, or on any Kiln not duly entered for making Malt, shall for every such Offence forfeit Thirty Pounds, subject to the Mitigation hereafter mentioned.
V Penalty on receiving illegally-made Malt into a Mill.
V. And be it further enacted, That every Person keeping a Mill, who shall receive or permit or suffer to be received into or deposited in such Mill, any Malt illegally made, or the Duties whereon shall not have been fully paid or secured, or in whose in any Room or Part thereof, any such Malt shall be found, shall, unless such Person shall declare and make known the Person by whom such Malt was delivered into such Mill, forfeit Thirty Pounds, subject to the Mitigation hereafter mentioned.
VI Power of Officers to enter and search Mills for Malt illegally made.
VI. And be it further enacted, That it shall be lawful for any Officer specially employed in the Suppression of illicit Distillation and malting, at any Time in the Day to enter into any Mill, and into every Store and Room therein, and to make search in and throughout the same for all Malt illegally made, or the Duties whereon shall not have been paid or secured, which such Officer shall suspect to have been received into or to be deposited or concealed in such Mill, Stores, or Rooms, and all such Malt to seize, secure, and remove; and in case such Officer shall not, within a reasonable Time after Demand made at the House or Place of Abode of the Person keeping an Mill, obtain Admittance into such Mill, it shall be lawful for such Officer, in the Presence of a Constable or other Peace Officer, who is hereby respectively authorized and required to be aiding therein, to break open and enter such Mill and every Room and Store therein, and to make search therein, and to seize, secure, and remove any Malt found in such Mill or any Part thereof which shall have been illegally made, or the Duties whereon shall not have been paid or secured.
VII Penalty on receiving or concealing Malt illegally made.
VII. And be it further enacted, That every Person who shall receive, keep, or conceal, or knowingly have in his Possession, or in any Dwelling House or Outbuilding or Premises, or in any Place occupied by him, any Malt illegally made, or the Duties whereon shall not have been fully paid or secured, shall for every such Offence, whether any such Malt shall or shall not be the Property of such Person, forfeit One hundred Pounds, subject to the Mitigation hereafter mentioned; and all such Malt shall be forfeited, and may be seized by any Officer of Excise.
VIII Penalty on wetting Grain or making Malt illegally.
VIII. And be it further enacted, That every Person, not being a Maltster and Maker of Malt duly licensed, and keeping a Malthouse entered for making Malt according to Law, who shall wet or steep any Corn or Grain to be made into Malt, or shall have in his Custody or Possession, or knowingly in any Dwelling House or Outbuilding or Place occupied by him, any Corn or Grain wetted or steeped or making into Malt, shall, whether the Corn or Grain so wetted and steeped shall or shall not be the Property of such Person, forfeit One hundred Pounds; and all such Corn and Grain making into Malt shall be forfeited, and may be seized by any Officer of Excise.
IX No Chemist or other Person to make or use Stills without Licence.
IX. And for the better enabling the Officers of Excise to...
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