Course of wash through the different vessels Distillation taken an account of and ascertained the specific gravity and quantity of any wort or wash in any fermenting back any wort shall be found in such back or any wash in process of fermentation shall be found in such back, which shall exceed in gravity by five per centum or more the wort or wash in such back of which such account had been taken, or which shall exceed in quantity by five per centum or more the wort or wash in such fermenting back of which such account had been previously taken, all such wort or wash in such back shall be considered as new wort or wash, and not included in any former charge against the distiller in whose possession such wort or wash shall be found, and such distiller shall be charged with duty in respect of the whole wort or wash in such back in like manner as such distiller is by this Act chargeable in respect of any wort or wash not before charged, and the wort or wash of which such account had been previously taken in such back shall be deemed to be distilled or decreased, and the distiller shall be charged for a quantity of spirits in respect of such wort or wash so deemed to be distilled or decreased in like manner as such distiller is chargeable under this Act for any wort or wash actually distilled or decreased, and such distiller shall also, for every such offence, be liable to a penalty of two hundred pounds. 56. All wash which shall be made in the distillery of any distiller shall be fermented in the fermenting wash backs of such distiller, and shall be conveyed directly from thence into the wash charger and shall be conveyed from such charger into the wash still, there to be made or distilled into low wine, and all low wines shall be conveyed directly from the safe at the worm end of the still into the low wines receiver, and shall from thence be pumped up or conveyed into the low wines charger, and shall be conveyed directly from such charger or chargers into the low wines or spirits still, there to be re-distilled, and all feints or spirits produced by such re-distillation shall be conveyed directly from the safe at the worm end of the low wines or spirit still into the feints receiver or spirit receiver respectively, and so much of such feints as shall be conveyed into such feints receiver or receivers shall be pumped or conveyed directly from thence into the low wines charger or feints charger, and shall be conveyed directly from such charger or chargers into the low wines still, to be re-distilled, and the produce of the last-mentioned re-distillation and of every other re-distillation shall in like manner be conveyed directly from the safe at the worm end of the low wines or spirit still into the spirits receiver, or into the feints receiver or receivers, and no feints conveyed into such feints receiver or receivers shall in any case be removed from thence except by pumping or conveying such feints into the low wines or feints charger or chargers, from whence such feints shall be conveyed directly into the low wines still or stills for re-distillation, until the whole of such feints shall be made into spirits and conveyed and run into the spirit receiver; and no spirits conveyed into the spirit receiver shall be re-distilled or shall be removed from such receiver except into the vat or vats in the said certified and registered store for the reception of spirits; and if any distiller shall ferment or suffer to be fermented any wash, or shall remove or distil, or suffer to be removed or distilled, any wash, low wines, feints, or spirits, contrary or otherwise than according to the Distillation directions and provisions herein contained, or shall not convey and run the whole of the spirits made or distilled by him into the spirit receiver, such wash, low wines, feints, and spirits respectively, together with all vessels and utensils wherein the same may be contained, shall be forfeited, and may be seized by any Inspector of Distilleries, and the distiller so offending shall in every case be liable to a penalty of two hundred pounds, or twenty shillings for every gallon of such wash, low wines, feints, or spirits, so removed or distilled, and not conveyed and run into the spirit receiver, at the election of the Chief Inspector of Distilleries or person who shall inform or sue for the same. 57. If any licensed distiller shall make use of any apparatus for distilling by means of which spirits are capable of being produced without the previous or intermediate production of low wines, then the spirits so made shall be conveyed direct from the condensing chamber or safe by means of a close metal pipe into the receiver, which shall be placed in the spirit cellar or store-room herein before mentioned. Regulation for spirits without previous produc production of tion of low wines 58. If at any time it shall be made to appear to the satisfaction of Impure spirits the Chief Inspector of Distilleries that any spirits distilled have become may be reimpure from having passed through pipes or vessels which have become foul, it shall be lawful for such Chief Inspector by writing under his hand to permit the re-distillation of such impure spirits and to make an allowance for loss arising from such re-distillation: Provided that in no case shall such allowance exceed two per centum on the number of gallons of spirits delivered out of the cellar or store-room herein before mentioned for such re-distillation. be cleaned out 59. If the wash charger in any distillery be not thoroughly cleaned Wash charger to out when required so to be done by notice from the Chief Inspector of Distilleries, the licensed distiller shall be liable to a penalty of fifty pounds. 60. One hour before any wash shall be conveyed from any fermenting wash back in the distillery of any licensed distiller a notice in writing shall be given to the officer on duty by such distiller or by any person on his behalf, in which notice shall be stated the number of the back in which such wash is contained, the specific gravity of such wash, and the day and hour when such wash is to be removed, and such officer shall attend at the time specified in such notice, and after he shall have locked the charging cock of the wash charger he shall remove all such fastenings as to prevent the conveyance of such wash from any back mentioned in such notice into the wash charger, and thereupon all the wash which shall be contained in such fermenting wash back shall be conveyed into such charger in manner herein before prescribed, and such officer, after having affixed and secured the fastenings which he had so removed, shall be at liberty and is hereby authorised to take an account of the true quantity and specific gravity thereof in the wash charger, and shall thereupon unlock the charging cock aforesaid; and if any wash shall be removed before such notice shall have been given, or shall be removed or conveyed from any other back, or at any time or manner then shall have been mentioned in such notice, or before the officer on duty shall have locked, removed, or secured respectively such cocks or fastenings as before mentioned and taken account of the true quantity of the wash in such charger, such Notice of charging the wash charger Distillation Officer may lock coverings, &c. Officer may empty worm tubs Officer may distil a sample Officer may take samples and make trials distiller shall in every such case be liable to a penalty of two hundred pounds. 61. It shall be and may be lawful for any Inspector of Distilleries on duty at any distillery to lock, secure and fasten the several coverings, fastenings, furnace doors, cocks, safes, pipes, pumps, plugs, troughs, vessels and utensils for which fastenings are required to be provided in such manner as the Chief Inspector of Distilleries may direct as aforesaid and to keep the same and each and every of them so locked, secured and fastened at all times except when they shall be opened, unfastened or unlocked by or in the presence of any Inspector as aforesaid. 62. Whenever any Inspector or other Officer of Distilleries having reason to suspect that any fraud is practised against the revenue or the provisions of this Act or of any Acts which may hereafter be in force relating to distilleries, shall require that the water contained in any worm tub belonging to any still at any time when such still shall not be at work, shall be drawn or run off and the tub and the worm cleaned by the distiller or rectifier, his servants or workmen, and if the water shall not be so drawn or run off at the request of such officer and the tub and worm forthwith cleaned and the water kept and continued out of such worm and tub for the space of two hours or until the officer has finished his inspection and examination of such tub and the worm therein, the distiller or rectifier at whose distillery such worm tub shall be situate shall be liable to a penalty of two hundred pounds, and it shall be lawful for such officer to draw or run off and keep drawn or run off such water or so much thereof and for so long time as he shall think necessary. 63. It shall and may be lawful for any officer and he is hereby authorised and empowered to take and convey away from any wash back or charger in the distillery of any distiller a sample not exceeding the quantity of twenty gallons of the wash contained in such back or charger and to cause such sample of wash to be distilled into low wines in any still provided for that purpose by the sanction of the Collector of Revenue, and such officer shall gauge or measure the quantity and ascertain the strength of the low wines produced by the distillation of such wash: Provided that such distiller shall be paid for any such sample of wash at the rate of sixpence for every gallon thereof or that the produce by distillation of any such sample or wash shall be returned to the distiller at the option of the Chief Inspector of Distilleries. 64. It shall be lawful for any Inspector of Distilleries from time to time and whenever and as often as such Inspector shall deem expedient so to do to take any sample or samples of any wort, wash, low wines, feints and spirits respectively in any back, still, receiver, charger or other vessel or utensil whatsoever in the distillery of any distiller in order that such officer may ascertain the specific gravity or strength of such worts, wash, low wines, feints and spirits respectively, and from such part of any such back, still, receiver, charger or other vessel or utensil as the officer shall think proper, and the specific gravity or strength of any such sample so taken shall be and be held to be the true and correct specific gravity or strength of the whole contents of the back, still, receiver, charger or other vessel or utensil from which any such sample shall be so taken: Provided that before any such Distillation sample shall be so taken all the liquor contained in any such back, still, receiver, charger or other vessel or utensil may be stirred and mixed up and mixed together by such distiller or any person in the employ of such distiller if he shall think fit so to do. 65. It shall be lawful for the Chief Inspector to erect and keep a Chief Inspector still in any distillery or in any place sanctioned by the Collector of may erect a still Revenue for the purpose of distilling any such sample of wash as aforesaid, and also for the purpose of distilling into spirits any wash, low wines or feints seized by any Inspector of Distilleries at any unlicensed distillery or for carrying on experiments. 66. It shall be lawful for the Chief Inspector of Distilleries or for any Inspector of Distilleries at any time to require that any low wines receiver in the distillery of any distiller shall be emptied and cleaned out and that any quantity of wash shall be conveyed into any wash still in the distillery of such distiller and from any such wash back as such officer shall direct or require in order that such wash may be forthwith distilled into low wines, and all persons in the employ of such distiller shall on reasonable notice give and provide aid and assistance and fuel to such officer at his request in distilling such wash into low wines and in conveying the whole of such low wines directly into such low wines receiver which shall be so cleaned out, and such low wines shall be kept in such receiver unmixed with any matter or thing whatsoever until such officer shall have taken an account of the quantity and strength of such low wines, and if such low wines receiver shall not be emptied and cleaned out or if such wash shall not be conveyed into such wash still or from such wash back as shall be required by such officer, or if such aid and assistance and fuel shall not be given to such officer in the distilling such wash into low wines or in conveying the whole of such low wines into such receiver, or if such low wines shall not be kept in such receiver unmixed as aforesaid until such officer shall have taken such account as aforesaid, then and in every such case every such distiller shall for each default or offence be liable to a penalty of two hundred pounds. 67. It shall not be lawful for any distiller to have receive and to commence distilling from any wine, ale, beer, or any fermented liquor whatsoever which shall not have been brewed or made in his distillery, without first having served a written notice of at least two days on the Chief Inspector of Distilleries, or the officer on duty, of his intention so to do, which notice shall specify the description and quantity of such liquor as aforesaid which he intends to use in the twenty-four hours next following on the expiration of the said two days, and a notice of six hours to the like effect shall be served on the officer on duty from day to day for every day after the first day, and any distiller offending herein shall be liable to a penalty of two hundred pounds. 68. It shall not be lawful for any distiller to mix or suffer to be mixed in any charger still receiver or vat or in any vessel or utensil whatsoever any worts or wash made or fermented in his distillery or any low wines feints or spirits produced therefrom with any wine, ale, beer, or any fermented liquor whatsoever which shall not have been fermented or made in his distillery, or with any low wines, feints or spirits produced therefrom, and any distiller offending against the provisions Chief Inspector may superintend charge of wash the distillation of a Notice of distillation from wine, ale, &c. The produce from worts made on the premises not to be mixed liquor fermented elsewhere with produce of Saccharometers Hydrometer No mashing or Distillation of this enactment shall forfeit and pay the sum of two hundred pounds: Provided that nothing herein contained shall be construed to prevent any licensed distiller from adding as hereinafter provided spirits made elsewhere for the purpose of imparting a flavour to any spirits made by such distiller. 69. Any saccharometers may be used for ascertaining the specific gravity of wort or wash under this Act, which may from time to time be prescribed for that purpose by the Collector of Revenue, and every degree of specific gravity to be ascertained by any saccharometer under the provisions of this Act shall be calculated in the following manner, that is to say, that distilled water being assumed as unity at the temperature of sixty degrees by Fahrenheit's thermometer, every degree of such specific gravity shall be correspondent to a thousandth part of the specific gravity of such water, and all wort or wash shall for the purposes of this Act be deemed and be taken to be of the specific gravity at which the said saccharometer shall on the application thereof denote or indicate such wort or wash to be. 70. All spirits shall be deemed and taken to be of the degree of strength indicated by the description of hydrometer usually known as Sykes' hydrometer; provided that it shall be lawful for the Governor in Council by notice in the 'Government Gazette' to direct that the quantity of alcohol contained in any wines or spirits shall be ascertained by the instrument known as Field's patent alcoholmeter, or by any other improved instrument which the said Governor in Council shall in the manner abovementioned prescribe. 71. If any material capable of fermentation shall be brewed or distilling on the mashed, or if any still shall be made use of in the distillery of any distiller licensed under this Act during any part of the Lord's Day, such distiller in each and every such case shall be liable to a penalty of fifty pounds. 72. From and after the commencement of this Act there shall be paid, levied, and collected towards the general revenue of Western Australia, a duty of twelve shillings upon every gallon of spirits that may be distilled in Western Australia, from malt, grain, roots, grapes, or wine, and a duty of twelve shillings upon every gallon of spirits that may be or has been distilled in Western Australia from sugar, treacle, molasses, or from wort, wash, or spent wash, with which sugar, treacle, or molasses has been made or mixed, or from beer or ale, and such duties respectively shall be paid upon the gallon standard measure of spirits of the strength of proof by Sykes' hydrometer, and so in proportion for any greater or less strength than proof, and also upon any deficiencies ascertained in the manner hereinafter directed. 73. At the expiration of every month, and not later than the tenth day of the month next thereafter ensuing, a computation shall be made and a copy thereof served on the distiller by the Chief Inspector of Distilleries, or by an Inspector of Distilleries (1.) Of the quantity of spirits computed at proof made by the distiller during any such period of one month from worts or wash mashed, fermented or made in his distillery, together with the quantity of proof spirits in and equivalent to the low wines and feints remaining on hand at the termination |