The Sun.
London, England, 1848-09-27 00:00:00

SPIRIT DEALERS ACT.

We have been favoured with thc following analysis of
this Bill, made by order of the Protection Society,
which we readily insert for the information of our
readers :

Analysis of the Act 11 and 12 Victoria, c. 121, en-
titled, "An Act to alter the laws and regulations of Ex-
cise respecting the survey of Dealers in and Retailers of
Spirits, and respecting the sale and' removal of spirits by
permit from the Stock of such Traders ; and respecting
the Distribution of Penalties and Forfeitures recovered
under the laws of Excise." Roy :1 assent, Sept. 4, 1848.
Clause I. Recites 6 Geo. 4, c. 80, and' Geo. 4, c. 45,
and repeals so much of them as relates to dealers and
retailers of spirits, and also repeals all other Acts re-
pugnant to this Act.
2. Provides that this Act is not to affect former pro-
visions respecting licences or magistrates' certificates, or
regulations of police respecting retailers of spirits, or
the removal of spirits by permit from the distiller or
rectifier, or between the three parts of the United
Kingdom.
3. Enacts that every dealer in or retailer of spirits
shall make an entry of every place used for keeping of
spirits, and of every vessel or utensil, and of all casks
for keeping spirits, and all shall be distinguished by a
particular letter or number, and shall be open to the in-
spection of any officer of Excise; and for every default
the parties shall be subject to the penalty imposed by 4
and 5 Viet., c. 20.
4. Enacts that fixed casks used by dealers or retailers
of spirits stock, shall have the quantity it is capable
of containing painted, cut, or branded thereon on some
conspicuous part, under the penalty of 501.
5. Enacts that dealers and retailers shall mark the
true strength and quantity of compounded spirits on the
casks containing same, under penalty of SOL, besides
forfeiture of the casks and contents.
6. Enacts that dealers and retailers shall cut, brand,
or paint, on the outside of both the ends of moveable
casks, the quantity each is capable of containing, under
the penalty of forfeiture.

. -
, 7. Enacts that every retailer of spirits, not being li-
censed as a dealer, sending out spirits to any rectifier or
retailer, shall incur a penalty of 50Z, and inflicts a like
penalty on every dealer, not lieensed as retailer, who sells
less than two gallons of spirits of the same denomination
at a time to the same person.
8. Enacts that no retailer shall be concerned in any
distillery, &c., within two miles of the premises at
which he is licensed as a retailer ; and no person shall
be licensed as a retailer in any place having a private
communication with a distillery, under the penalty of
2001

9. Enacts that any person licensed as a dealer in
spirits under the 6th George IV., cap. 81, may take out
an additional licence to sell, by retail, any quantity
(the same not being less than one reputed quart bottle,
or in the bottles in which the same may have been im-
ported) of foreign liqueurs, not to be drunk or consumed
on the premises.

10. Enacts that the duty on such additional license
shall be two guineas, to be paid to the Excise.
11. Enacts that such licence shall be in such form as
the Commissioners of Excise direct, and shall be
granted by the officers of Excise.
12. Enacts that every dealer in or retailer of spirits
shall provide a book for entering therein the particulars
of spirits received and sent out by him. Penalty on re-
fusal or neglect to provide the book, or to make due
entries therein, or fraudulently concealing any part of
such book, or any entry, or making any false entry, or
hindering any officer of Excise from examining such book,
or making minutes therein, or extracts therefrom—for
every offence 1001.

13. Enacts that all spirits sold by dealers shall be ac-
companied by a certificate, cut out from a certificate
book, and the same also by retailers when the quantity
exceeds one gallon ; that before the certificate is cut out
from the/ book a counterpart entry shall be made ; that
the certificate book shall be kept on the premises for the
inipEction of the Excise officers ; and when the book is
filled, or when demanded by the officer, the same shall
be gives► up to the officer, who shall givo a receipt for
the same, under the penalty of 1001., and forfeiture of
spirits sant out without a certificate.

- 14. Provides that dealers in spirits under the addi-
tional licence, may send out foreign liqueurs in quanti-
ties not exceeding one gallon without a certificate.
15. Enacts that any dealer or retailer using .a certifi-
cate for any purpose other than for the actual removal
and delivery of such spirits as are therein expressed
shall forfeit 5001. and his licence.

16. Enacts that no dealer or retailer shall receive any
spirits which are not accompanied by a permit or certifi-
cate, under a penalty of 1001., and forfeiture of spirits.
The permit or certificate to be cancelled, by writing the
word on it "Received," under a penalty of 50/.
17. Enacts that permits and certificates shall be pre-
served, and delivered to the officer who first inspects the
premises after the receipt thereof, under the penalty of
301. for every permit or certificate.
18. Enacts that the Commissioners of Excise shall
provide the plates and types for printing certificates on
paper used for permits. Unauthorised persons counter-
feiting, or having counterfeit plates or types, or im-
pressions, to be subject to punishment, under 2 and 3
William IV., c. 16.

19. Enacts that no dealer or retailer, receiving any
spirits in less quantity than a cask containing 50 gallons,
shall break bulk, or add anything thereto or in any
respect allow the same to be interfered with, until one
hour after they have been received, under a penalty
of 50/.

2U. Enacts that any officer of Excise, of rank not less
than a superviser, may at any time take the stock of
any dealer or retailer, and any excess found shall be
forfeited, and .a penalty of 203. per gallon of such
excess incurred. Penaltyi upon neglect to assist the
officer, 501.

21. Enacts that persons licensed as dealers and rec.
tifiers, in the same or adjoining premises, shall be sur.
veyed as rectifiers.

22. Enacts that no spirit shall be purchased by any
dealer or retailer, except from licensed traders, under the
penalty of 5001.

- 23. tams that no British spirits, except spirits of
wine, shall be kept or sent out of stock by any dealer or
retailer of any strength exceeding the strength at which
distillers and rectifiers can send out; or any spirits of
wino at less strength than 43 per cent. above hydrometer
proof, under penalty of forfeiture.
24. Enacts that no spirits exceeding one gallon at a
time, of the same denomination, for the same person,
shall be removed without a permit or certificate, under
the penalty of forfeiture and 1001., or treble the value of
the spirits.

25. Enacts that persons removing spirits in any quan-
tity exceeding a gallon, and refusing to produce a pro-
per permit or certificate, may be arrested, convicted, and
fined 100/., and on non-payment of penalty, imprisoned
and kept to hard labour for not more than six, or less
than one calendar month. No penalty to be mitigated
by any Justice below 101.
26. Enacts that all former provisions and penalties of
Excise, not inconsistent with this Act, shall be applied
to the Act in the same manner as if here re-enacted.

27. Provides that all.penalties and forfeitures of this
Act shall be recoverable under the laws of Excise.
28. Enacts that no officer of Excise shall have any
interest in any penalties or forfeitures under any law of
Excise.

29. Enacts that Act shall commence from 10th Octc.
ber, 1848.
30. And may be amended or repealed in the presen
Session.