Illicit Distillation (Ireland) Act, 1831

• Permanent Page URL

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.”