Spirits (Ireland) Act 1854

JurisdictionIreland
Citation1854 c. 89
Anno Regni VICTORI, Britanniarum Regin,Decimo Septimo & Decimo Octavo. An Act to amend the Laws for the better Prevention of the Sale of Spirits by unlicensed Persons, and for the Suppression of illicit Distillation, inIreland .

(17 & 18 Vict.) C A P. LXXXIX.

[10th August 1854]

'WHEREAS an Act was passed in the Session holden in the Second and Third Years of Her Majesty, intituled Ireland, and certain of the Provisions therein were temporary, and have been continued to the Twenty-fourth Day ofAugust One thousand eight hundred and fifty-four: And whereas it is expedient to make further Provision for the better Prevention of the Sale of Spirits by unlicensed Persons in Ireland :' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-I Act to commence 24th August 1854, and 2 & 3 Vict. c. 79. repealed.

I Act to commence 24th August 1854, and 2 & 3 Vict. c. 79. repealed.

I. This Act shall commence from the Twenty-fourth Day ofAugust One thousand eight hundred and fifty-four; and from that Day so much of the said Act of the Second and Third Years of Her Majesty as shall not have expired shall be repealed.

S-II Justices to grant Warrant for the Seizure of Spirits found in Places not being licensed.

II Justices to grant Warrant for the Seizure of Spirits found in Places not being licensed.

II. It shall and may be lawful for any One or more Justice or Justices of the Peace, whether in or out of Petty Sessions, upon being satisfied by the personal Examination on Oath of a credible Witness that there is reasonable Ground for suspecting that Spirits are sold, kept for Sale, or exposed for Sale in any House or Place within the County, not licensed for the Sale thereof, or by some Person not having a Licence to sell Spirits in or at such House or Place, or that illicit Spirits are kept for Sale in or at any House or Place, to grant a Warrant under his or their Hand or Hands, authorizing within the Police District ofDublin Metropolis any Superintendent or Inspector of Police, or in any other Part of Ireland any Sub-Inspector, Head or other Constable of Constabulary, with his Assistants respectively, to enter such House or Place at all Times, to search for Spirits, and if any Spirits shall be found in such House or Place exceeding One Gallon, without a Permit or other legal Authority justifying the keeping thereof, or any Spirits in any Quantity whatsoever, the full Duties whereon shall not have been duly paid, shall be found in such House or Place, to seize such Spirits together with the Vessel in which the same are contained; and such Warrant shall continue in force for One Month from the Date thereof, and shall be a sufficient Authority to the Superintendent, Inspector, Sub-Inspector, Head or other Constable therein named, and his Assistants respectively, such Assistants being Members of the Constabulary Force, in his Presence to enter into such House or Place, and seize all such Spirits as aforesaid and the Vessel containing the same, and to carry away and deliver the same to some Revenue Officer; and the Person on whose Premises such Spirits shall be found as aforesaid shall on Conviction be liable—

For the First Offence, to a Fine not exceeding Five Pounds nor less than Two Pounds, or to be imprisoned, with or without Hard Labour, for any Term not exceeding Three Months nor less than One Month:

And for the Second and every subsequent Offence, to a Fine not exceeding Ten Pounds nor less than Five Pounds, or to be imprisoned, with or without Hard Labour, for any Term not exceeding Six Months nor less than Three Months:

And all such Spirits and the Vessels containing the same so seized as aforesaid shall be forfeited.

S-III Penalty on Persons selling Spirits, &c. without Licence.

III Penalty on Persons selling Spirits, &c. without Licence.

III. Every Person, not being duly licensed to sell Wine, Spirits, Beer, Ale, Cider, or Perry, who shall sell, or keep for Sale, or expose for Sale, any Wine, Spirits, Beer, Ale, Cider, or Perry, shall for every such Offence be liable—

For the First Offence, to a Fine not exceeding Two Pounds nor less than Five Shillings, or to be imprisoned, with or without Hard Labour, for any Term not exceeding One Month nor less than One Week:

And for the Second and every subsequent Offence, to a Fine not exceeding Five Pounds nor less than Twenty Shillings, or to be imprisoned, with or without Hard Labour, for any Term not exceeding Three Months nor less than One Month:

And for the Purpose of any such Conviction it shall be sufficient to prove that Wine, Spirits, Beer, Ale, Cider, or Perry was kept for Sale or exposed for Sale by such Person or on his Premises, or had been illegally consumed on such Premises, at any Time within Two Months preceding such alleged Offence; and if any Person be found drunk in such House, or having the Appearance of having been recently drinking it shall be deemed Evidence of his having been drinking in such House, and of the unlawful Consumption of Wine, Spirits, Beer, Ale, Cider, or Perry, unless the contrary be proved.

S-IV Justices empowered to grant Warrant for entering unlicensed Premises.

IV Justices empowered to grant Warrant for entering unlicensed Premises.

IV.—If any Superintendent, Inspector, or Serjeant of theDublin Metropolitan Police, or any Sub-Inspector, Head or other Constable of Constabulary, or other credible Witness, shall make Oath in Writing before a Justice of the Peace that the said Superintendent, Inspector, Serjeant, Sub-Inspector, Head or other Constable, or credible Witness, has good Reason to believe that Wine, Spirits, Beer, Ale, Cider, or Perry are retailed or sold without a Licence, or kept for Sale without Licence, in any Room, House, or other Place, it shall be lawful for such Justice to grant a Warrant authorizing, within the Police District of Dublin Metropolis, any Superintendent, Inspector, or Serjeant of Police, and in any other Part of Ireland any Sub-Inspector, Head or other Constable of Constabulary, with his Assistants respectively, to enter into any such Room, House, or other Places as aforesaid at all Times, and such Warrant shall continue in force for One Month from the Date thereof; and if any Personshall be found to be drinking or tippling, or having the Appearance of having been recently drinking or tippling, on such unlicensed Premises, such Person may be summoned before the...

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