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Exchequer Court (Scotland) Act 1856

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This is the original version (as it was originally enacted).

1. Spirits

I, the Eight Honourable A. B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,—

1st Count,— That on the ____________ Day of _______________ in the Year ____________ there was found in the Distillery of A. [design him,] commonly called the ________ Distillery, in the County of ____________________, and not in the Mash Tun or Wort Underback in such Distillery, ____________________ Gallons of Wort or Wash, the Gravity whereof did exceed by more than Three Degrees, that is to say, by Fifteen Degrees in Cooler No. 1, by Fifty-five Degrees in Back No. 2, by Sixteen Degrees in Back No. 3, the particular Gravity which had been specified in a Notice in Writing delivered to the Supervisor or Surveyor in charge of the Distillery of him the said A. Contrary to the Statute 4th Geo. IV. Cap. 94. Sect. 44. Whereby the said A. has forfeited the Sum of £200. 2d Count,—That on the ____________ Day of _______________ in the Year ____________ there was found in the said Distillery of the said A., and not in the Mash Tun, or Wort Underback in such Distillery, 100 Gallons of Wort or Wash, the Gravity whereof did exceed by Fifty-four Degrees, or, at least, by more than Three Degrees, the particular Gravity which had been specified in a Notice in Writing in that Behalf, delivered to the Supervisor or Surveyor in charge of the Distillery of him, the said A. Contrary to the Statute 4th Geo. IV. Cap. 94. Sect. 44. Whereby the said A. has forfeited the Sum of £200. 3d Count,— That on the ____________ Day of _______________ in the Year ____________ in the Distillery of the said A,, commonly called ________________ Distillery, of the said A., 9,211 Gallons of Wort or Wash, which had not been collected in the Wort Receiver, and the Quantity and Gravity whereof had not been declared, as in the Statute in that Behalf made is required and directed, was conveyed into and collected in a Fermenting Back, No. 1 Back, in the said Distillery, but was not so conveyed and collected within the Space of Six Hours after the Running or Conveyance of such Wort or Wash had commenced. Contrary to the Statute 4th Geo. IV. Cap. 94. Sect. 48. Whereby the said A. has forfeited the Sum of £200,

4th Count,—That the said A., being a Distiller, on the ______________ Day of _________ in the Year _________________, and on Three other Days between that Day and the ________ Day of ________________________ , in the Distillery of the said A., One hundred Gallons of Wort or Wash, which had not been collected in the Wort Receiver, and the Quantity and Gravity of which had not been declared, as in the Statute in that Behalf made is directed, and which was intended to be run or conveyed into a Fermenting Back of him the said A., as such Distiller, was conveyed into and collected in a Fermenting Back in the said Distillery; yet the said A. did not, on any or either of the said last-mentioned Days, immediately and without Delay, deliver to the proper Officer in that Behalf a Declaration in Writing, specifying the several Particulars in reference to the said Wort or Wash, in Terms of the Statute. Contrary to the Statute 4th Geo. IV. Cap. 94. Sect. 48. Whereby the said A. has, for each of his said Offences, forfeited the Sum of £200, amounting in the whole to the Sum of £800. 5th Count,— That on the ____________ Day of _______________ in the Year ____________, at the Place aforesaid, the said A. did remove, or send with a Permit, a lesser Quantity of Spirits than the Quantity specified and described in the said Permit. Contrary to the Statute 2d Will. IV. Cap. 16. Sect. 13. Whereby the said A. has forfeited the Sum of £500. 6th Count,— That on the ____________ Day of _______________ in the Year ____________, at the Place aforesaid, the said A. did utter a certain false or untrue Request Note to an Officer of Excise, for the Purpose of falsely and fraudulently obtaining a Permit with and for certain Spirits. Contrary to the Statute 2d Will. IV. Cap. 16. Sect. 13. Whereby the said A. has forfeited the Sum of £500. 7th Count,— That on the ____________ Day of _______________ in the Year ____________ the said A. did knowingly or willingly give a false or untrue Permit with and for certain Spirits. Contrary to the Statute 2d Will. IV. Cap. 16. Sect. 13. Whereby the said A. has forfeited the Sum of £500. 8th Count,— That on the ____________ Day of _______________ in the Year ____________ a Quantity of Spirits was removed from the Distillery of the said A., he the said A. being a Distiller licensed under the Statutes in that Case made and provided, in the Quantity of Two Gallons and One Half Gallon, or at least a less Quantity than. Nine Gallons. Contrary to the Statute 4th Geo. IV. Cap, 94., Sect. 120. Whereby the said A. has forfeited the Sum of £200. [To be Signed by the Lord Advocate or Counsel.] Note,—Each Count in this and any other Information may, if thought proper, be made itself a separate Information.

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