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ILLICIT DISTILLATION (IRELAND) ACT 1857
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CHAPTER XL.
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An Act to continue and amend an Act of the Seventeenth and Eighteenth Years of Her Majesty's Reign, Chapter Eighty-nine, and also the Laws for the Suppression and Prevention of Illicit Distillation in Ireland; and to constitute the Constabulary Force Officers of Customs for certain Purposes[1]
[17th August 1857.]
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[Preamble recites 17 & 18 Vict. c. 89.]
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[S. 1 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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Disposal of seizures. 17 & 18 Vict. c. 89.
16 & 17 Vict. c. 107.
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2. All seizures to be made under the provisions of the Spirits (Ireland) Act, 1854, or of this Act by any officer, head or other constable, shall (except in the cases in this clause herein-after provided for, and except also in cases of seizures made under the Customs Consolidation Act, 1853, herein-after referred to,) be destroyed or otherwise disposed of as the Inspector General of Constabulary shall direct in that behalf: Provided always, that all seizures which may be made, under the powers or directions of the sixth section of the Spirits (Ireland) Act, 1854, of spirits in transitu or process of removal from place to place, where the same shall be sent or removed from or by any licensed distiller or rectifier of or dealer in or retailer of spirits, shall be disposed of in such manner as the Commissioners of Inland Revenue may direct or authorize in that behalf.
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Application of penalties and proceeds of sales of seizures.
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3. All penalties to be recovered by officers of constabulary by virtue of the powers conferred or to be conferred on them under the authority of the said last-mentioned Act and of this Act, and also the proceeds of the sale of any seizure to be made by them under the said powers, where such seizure may, at the discretion of the Inspector General of Constabulary, be sold, shall, after deducting and paying thereout all reasonable expenses, be handed over to the Commissioners of Inland Revenue, or to such person as they shall appoint, for the use of Her Majesty, anything contained in any former Act to the contrary notwithstanding.
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Appointment of officers for the prevention of illicit distillation, &c.
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4. And for the purpose of carrying into effect the provisions of the several Acts for the suppression and prevention of illicit distillation in Ireland, it shall be lawful for the Lord Lieutenant from time to time to appoint such and so many officers as he shall consider necessary or proper in that behalf, and also to revoke the appointment of any such officers; and all such officers so to be appointed shall have, use, and exercise the same powers and duties, and shall be entitled to and receive the same pay and allowances, and be under and subject to the same rules and regulations, and liable to the same deductions and contributions with respect to superannuation allowances, reward fund, and otherwise, as officers of the like rank appointed under the several Acts relating to the constabulary force in Ireland: Provided always, that the pay and expenses of all such officers as may be appointed in pursuance of this Act shall be paid out of monies provided by Parliament applicable to such expenses; and provided also, that nothing in this Act shall interfere with the distribution of the existing constabulary force in reference to their present duties in the respective counties.
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Officers of constabulary to have the same powers as officers of Excise and Customs under 1 & 2 Will. 4. c. 55, or 6 Geo. 4. c. 80. s. 138,
and under Customs Acts. 16 & 17 Vict. c. 107.
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5. All officers of the said constabulary force, appointed or to be appointed under any Act relating to the said force, or under this Act, shall have, use, and exercise all the powers and authorities, and have and possess all the privileges, granted to officers of Excise in relation to any offence committed or to be committed, or suspected to be committed, under or contrary to the Illicit Distillation (Ireland) Act, 1831, or in relation to any offence mentioned in the one hundred and thirty-eighth section of the Act passed in the sixth year of the reign of King George the Fourth, chapter eighty, which said last-mentioned section is hereby extended to Ireland [1]
, and shall have, use, and exercise all the powers and authorities, and have and possess all the privileges, which are or may be exercised, had, or possessed by any officer of Customs under the [2]
Customs Consolidation Act, 1853, or any other Act now in force or hereafter to be passed, in relation to the Customs, so far as relates to any seizure, detention, or prosecution which may be made or had under any such Act or Acts, and shall be deemed and considered to be officers of Customs for such purposes; but such officers of the constabulary force shall have, use, and exercise the powers and authorities conferred by this Act so long only as they shall be and continue officers of such constabulary force.
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Proceedings to be conducted according to provisions of 14 & 15 Vict. c. 93.
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6. All proceedings under the Illicit Distillation (Ireland) Act, 1831, and the said one hundred and thirty-eighth section of the Act of the sixth year of George the Fourth, shall be conducted, and all penalties and costs under the same shall be sued for, levied, and recovered, as by the Petty Sessions (Ireland) Act, 1851, is directed and provided, anything in the said Acts or any of them to the contrary notwithstanding.
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[S. 7 rep. 55 & 56 Vict. c. 19. (S.L.R.)]
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Interpretation of terms.
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8. The term “officer” or “officers” used in this Act with reference to the constabulary force in Ireland shall include head or other constable of the said constabulary force.
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[1 Short title, “The Illicit Distillation (Ireland) Act, 1857.” See 55 & 56 Vict. c. 10.]
[1 Section 138 of the Act 6 Geo. 4. c. 80, which is rep. 23 & 24 Vict. c. 114. s. 202. and 36 & 37 Vict. c. 91. (S.L.R.), is in substance re-enacted, as to the whole of the United Kingdom, by 23 & 24 Vict. c. 114 s. 195.]
[2 The provisions of 16 & 17 Vict. c. 107. here referred to are rep. 39 & 40 Vict. c. 36, s. 288. See now the corresponding provisions of that Act.] |
