The Acts of the Parliament of Western Australia

Distillation.

75. NO action shall be commenced against any inspector, Officer to have notice officer, or other person acting under this Act, or any Act which may

of action.

Ibid., s. 142.

Judge may certify probable cause seizure.

Ibid., 8. 144.

hereafter be in force concerning distillation, for anything done in the exercise of his office after the lapse of a year from the cause of action. arising, or until one month after the defendant has been served with notice of action stating the cause of action, the name and abode of the plaintiff, and the name and abode of his solicitor, if any, and no verdict or judgment shall be given for the plaintiff in any such action unless the service of such notice is proved or admitted.

76. IN case any information or suit shall be brought to trial of on account of any seizure made under this Act, and a verdict shall be found for the claimant thereof, and the Judges or Court before whom the cause shall have been tried shall certify upon the record that there was reasonable and probable cause of seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any action or other suit or prosecution on account of such seizure, and if any action or other suit or prosecution shall be brought to trial against any person on account of such seizure, wherein a verdict shall be given against such defendant, the plaintiff, besides the things seized, or the value thereof, shall not be entitled to more than One shilling damages, nor to any cost of suit, nor shall the defendant in such prosecution be fined more than One shilling.

Officer may tender amends.

Ibid., s. 145.

Property seized to

be claimed within

ten days.

Claims to be lodged

with Collector Revenue.

Ibid., s. 146, altered

in form.

Informations, etc.,

77. ANY inspector, officer, or other person as aforesaid may, within one calendar month after such notice, tender amends to the party complaining or his agent, and plead such tender in bar to any action, together with other pleas, and if the jury shall find the amends sufficient, they shall give a verdict for the defendant, and in such case, or in case the plaintiff shall become non-suited or discontinue his action, or judgment shall be given for the defendant, then such defendant shall be entitled to like costs as he would have been entitled to in case he had pleaded the general issue only: Provided that it shall be lawful for such defendant, by leave of the Court where such action shall be brought, to pay money into Court by way of amends at any time before issue joined.

78. ALL spirits and other property seized under the provisions of this Act shall be considered as forfeited and condemned, and shall be sold by public auction, unless claimed within ten days after the same shall be so seized, and all such claims for spirits or other property so seized as forfeited shall be lodged within the time hereinbefore mentioned with the Chief Inspector of Distilleries.

79. (1.) ALL penalties and forfeitures incurred under or may be tried in the imposed by this Act, and the liability to forfeiture of all goods seized

Supreme Court.

Distillation.

under the authority hereof, may be sued for, prosecuted, determined, Customs Consolidaand recovered in the Supreme Court by information or such other tion Act, 1892, s. 295. form of proceeding as may for the time being be applicable in the See 35 Vict., 6, s. 137. name of the Attorney General, the Chief Inspector of Distilleries, or

- any officer; or

Penalties and

(2.) Where the maximum amount of the fine imposed by this Act, or the value of the forfeiture incurred does not exceed Two forfeitures under hundred pounds, the same may be sued for, prosecuted, determined, £100 may be dealt and recovered by information in the name of the said Chief with in a Court of Inspector or any officer before a Court of summary jurisdiction. tion.

summary jurisdic

(3.) All actions and informations for the enforcement of any Proceeding to be penalties or forfeitures imposed by this Act shall be commenced commenced within a within one year after the offence in respect of which the same were year. imposed was committed.

See 35 Vict., 6, s. 138.

Provision against

(4.) Where an action or information has been commenced or laid for the enforcement of a fine or forfeiture imposed by this Act double remedies. for any act or omission, and a bond has been given conditioned, either generally or specially, against such act or omission, no action shall be brought on such bond; and where an action has been brought on such bond, no proceeding shall be taken to enforce any fine or forfeiture incurred by any act or omission contrary to the obligation of the bond.

Certain officers may

80. THE Chief Inspector of Distilleries and any officer, under the order and directions of the Colonial Treasurer, may prosecute, prosecute, etc. defend, or conduct any proceeding before any Justice of the Peace See 35 Vict., 31, 9.302. or Court of summary jurisdiction in any matter relating to distillation.

81. IF, in or upon any information, suit, or action brought in Imprisonment of the said Supreme Court, or before any Court of summary jurisdiction convicted parties. for the recovery of any fines or penalties imposed by this Act, the Ibid., s. 150. party shall be sentenced, ordered, or adjudged to pay such fine or penalty, and in case any such fine or penalty shall not be immediately paid or security given to the satisfaction of the Court before whom the case shall have been heard and determined for the due payment of such fine or penalty, the party or parties who shall have been convicted and sentenced to pay such fine or penalty shall forthwith be committed to gaol, there to remain for not less than three months nor exceeding twelve months, unless such fine or penalty shall be sooner paid, and such imprisonment shall in no case operate as a discharge of any such fine or penalty.

Application of fines.

82. ALL pecuniary penalties recovered under this Act shall be applied to the purposes next hereinafter mentioned in such pro- Distillation Act, portions as may be directed by regulations to be made under this 1884 (S.A.), s. 72. Act,

Appeal.

Regulations. Ibid., s. 73. Ibid., s. 154.

Distillation.

Act, and, in default of such regulations, or so far as the same do not extend, in the proportions following, that is to say-one moiety to the Colonial Treasurer, to go to the Consolidated Revenue Fund, and the other moiety to the seizing officer, or, if there is an informer as well as a seizing officer, one-third shall be paid to the Colonial Treasurer, to go as aforesaid, one-third to the seizing officer, and onethird to the informer: Provided that all fines inflicted under this Act in cases where it is clearly proved that the stills can only have been used for the distillation of salt water may be remitted by the Governor.

83. ANY person aggrieved by any order or conviction of a Justice under this Act may appeal against such order or conviction under the provisions of "The Police Act, 1892," with respect to appeals.

84. THE Governor may make regulations for carrying out the provisions of this Act.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

The

Distillation.

The First Schedule.

35 Vict., No. 6. --The Distillation Act, 1871.

39 Vict., No. 3.-The Distillation Act, 1871, Amendment Act, 1875.

45 Vict., No. 9.--An Act to amend the Distillation Act, 1871.

57 Vict., No. 28.--The Distillation Act, 1871, Amendment Act, 1893.