Arrack, Rum, and Toddy. forth that to the best of his knowledge and belief the thing so seized was at the time of seizure the bonâ fide property of the owner or owners named in the said notice as aforesaid; and if any declaration so made shall be wilfully false the person making it shall be guilty of an offence, and be liable on conviction to a fine of twenty pounds. Modes of the condemnation of forfeitures. 54 Whenever any person shall be convicted of doing or permitting to be done or of leaving undone anything proceeding for the doing of which or the permitting which to be done, or the leaving which undone, is declared to be an offence by this Ordinance, and the forfeiture of any spirits, toddy, still, or other thing is also declared to be the consequence of such thing being done or permitted to be done, or being left undone, it shall be lawful for any court before whom such person shall have been convicted, at the same time that it shall pass sentence upon such person, to declare and adjudge such spirits, toddy, still, or other thing to be forfeited, and to condemn the same, whatever may be the amount or value thereof: Provided always that it shall be lawful for the Attorney-General [§ 3, 1 of 1883] if he shall think fit, to institute separate proceedings of a civil nature for the recovery of any such forfeiture; and the acquittal of any person charged with any offence in this clause mentioned shall not be taken to be any sufficient reason why any such proceedings should not be instituted, or being instituted should be abated, or why such forfeiture should not be recovered. condemned 55 Whenever any spirits, toddy, still, or other thing shall Disposal of have been adjudged to be forfeited and condemned by any competent court of law, the government agent shall, within one month after such condemnation, cause the same to be sold by public auction to the best bidder: Provided always that if any appeal shall be entered against any judgment of any court in respect of any suit or information on behalf of the Crown or of the defendant, no such sale shall take place until a final decision shall be given in the matter, and all such things shall until such time be kept in the custody of the government agent. 56 If any spirits, toddy, still, or other thing seized under the provisions of this Ordinance, and taken into the custody of the government agent, shall while being in such custody be destroyed by fire or stolen therefrom, or if any cask or vessel containing spirits shall burst, or if any spirits shall waste, the owner thereof shall not have any claim on the Crown or upon the government agent for compensation thereof; provided always that if any person employed by the government agent about the custody of such spirits, toddy, still, or thing shall embezzle the same or any part thereof, or if any such spirits, toddy, still, or thing shall be stolen or destroyed or in any way injured through the negligence or misconduct of any person so employed, such person shall, in addition to any liability to be prosecuted criminally, be liable to make good to the party to whom such spirits, When things seized, stolen, or injured. Restoration of seizures. Where seizures cannot be effected. Powers of peace officers, &c. Vexatious conduct of officers. Probable cause of seizure. Arrack, Rum, and Toddy. toddy, still, or other thing shall be eventually adjudged. whether such party be the Crown or the claimant, double the value of the thing that shall be so embezzled, stolen, destroyed, or injured. 57 It shall be lawful for the government agent, with the sanction of the Governor, to order any spirits, toddy, still, or other thing seized under the provisions of this Ordinance to be restored at any time before the sale thereof, in such manner and on such terms and conditions as the Governor shall think fit to prescribe, and if the owner or any person duly authorized in his behalf shall accept the terms and conditions so prescribed, he shall not have or maintain any action for recompense or damage on account of such seizure, and no further proceedings shall be had for the condemnation of such seizure. 58 Whenever any spirits, toddy, still, or other thing shall have been forfeited under the provisions of this Ordinance, but cannot be seized and secured on account of their having been made away with, or for any other reason, the owner or owners of such spirits, toddy, still, or thing shall forfeit double the value of any spirits, toddy, still, or thing which shall be proved to have been so forfeited. 59 Whenever any officer of police or peace officer whatsoever shall have good reason to believe that any spirits, toddy, still, or other thing have become forfeited and liable to seizure under the provisions of this Ordinance, and are to be found in any house, outhouse, or other premises or place whatsoever, it shall be lawful for such officer, and for any person whom he shall call to his aid, to enter such house, outhouse, premises, or place, either by day or night, and to search for such spirits, still, toddy, or thing, and to seize the same; and if admittance into any such house, outhouse, premises, or place shall not be immediately given to any such officer or person called to his aid as aforesaid, upon being audibly demanded by such officer, it shall be lawful for such officer or person so called to his aid to break open or otherwise forcibly enter any such house, premises, or place. 60 Repealed by No. 3 of 1883, itself repealed by No. 15 of 1898. 61 Every officer of police and peace officer whatsoever, and every person acting in the aid of any such officer, and every other person who shall, under pretence of performing any duty or exercising any authority imposed upon or vested in him by this Ordinance, use unnecessary violence, or wantonly do any injury, or give uncalled-for and vexatious annoyance, shall be guilty of an offence, and be liable on conviction to a fine not exceeding five pounds, or to imprisonment, with or without hard labour, for any period not exceeding three months. 62 In case any information or suit shall be brought to trial on account of any seizure made under this Ordinance, and Arrack, Rum, and Toddy. the judge before whom the cause shall have been tried shall certify on the record that there was probable cause of seizure, the claimant shall not be entitled to any costs of suit, or to any damages in respect of such seizure, nor shall the person who made such seizure be liable to any action, information, or other suit or prosecution on account of such seizure. 63 It shall be lawful for the court imposing a fine under the provisions of the Ordinance to award to the informer any share not exceeding a moiety of so much of the fine as is actually recovered and realized. 64 No person shall be deemed incompetent to give evidence at the trial of any party for any offence created by this Ordinance, or at the trial of any suit or information instituted for the recovery of or in relation to any forfeiture or seizure under this Ordinance, by reason of any reward or benefit to which such person may be entitled upon the conviction of such offender, or upon the adjudication of such forfeiture, anything in the Ordinance No. 6 of 1834,* entitled "Ordinance declaring English rules of evidence to be in force in this island, unless in cases otherwise expressly provided for by law, and prescribing the course by which evidence is to be obtained in certain cases," to the contrary not withstanding. 65 Wherever in any clause of this Ordinance any person or thing is declared liable to any punishment, penalty, or forfeiture, but certain exceptions are therein expressed, excepting such persons or things under certain circumstances from such liabilities, it shall not be necessary to aver or show in any information or other proceeding for the prosecution of such offence, or for the recovery of such penalty or forfeiture, that the defendant or the subject of any such proceeding does not come within any such exception, but the proof thereof shall be upon the defendant. 66 In all cases wherein any act is authorized or directed by this Ordinance to be done by any government agent of any province, the same shall and may equally be done by any of his assistants. As to awarding informer a share, [§ 13, 13 of 1891] Informer competent Defendant to prove whether he comes under exceptions, Powers of assistant SCHEDULE AS AMENDED BY No. 13 OF 1891 AND No. 3 OF 1894. Form F.-License to retail Toddy. This is to certify that I, Province, do hereby license day of from the hundred and and at Government Agent for the One thousand Eight hundred to the Thirtieth day of June, One thousand Eight situated and at no other place, on condition that the said shall sell toddy at the price of per imperial gallon, and in proportion for any lesser quantity, and at no other price whatsoever. Signed this day of Government Agent. Arrack, Rum, and Toddy. G.-License to draw Toddy for Distillation or Sale to This is to certify that from is hereby licensed to draw toddy trees, situated in the garden in the village of But such toddy shall not be used for the distillation of arrack, nor be sold to any person whatsoever. Signed this day of Preamble. To be read as one Repealing No. 13 of 1891. An Ordinance relating to Arrack, Rum, and Toddy. W HEREAS it is expedient to amend the law relating to arrack, rum, and toddy: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance shall be read as one with the Ordinance No. 10 of 1844, hereinafter referred to as "the principal Ordinance," and shall come into operation from and after such date as the Governor shall appoint by Proclamation in the Government Gazette.* 2 There shall be repealed as from the commencement of this Ordinance the Ordinances specified in schedule I. hereto. Provided that the repeal shall not affect (a) The past operation of any enactment hereby repealed, nor anything duly done or suffered under any enactment hereby repealed; nor (b) Any right, liability, or obligation acquired, accrued, or incurred under any enactment hereby repealed; nor (c) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; nor (d) Any legal proceedings or remedy in respect of any such right, liability, obligation, penalty, forfeiture, or punishment as aforesaid. When any unrepealed Ordinance incorporates or refers to any provisions of any Ordinance hereby repealed, such unrepealed Ordinance shall be deemed to incorporate or refer to the corresponding provisions of this Ordinance. * Proclaimed the 1st day of July, 1892. Arrack, Rum, and Toddy. 3 In this Ordinance "district" means any one of the subdivisions into which a government agent shall from time to time divide a province for the purpose of selling or assigning to any person the monopoly of retailing arrack and toddy, or either of them, within such subdivision. "Licensed retail dealer" means the person who may have purchased the monopoly of retailing arrack and toddy, or either of them, in any district. 4 (1) If a licensed distiller, rectifier, or compounder shall be convicted of any offence mentioned in schedule II. hereto, or if any person be convicted of having committed any offence mentioned in schedule III. hereto in any building or premises used by any such distiller, rectifier, or compounder for distilling, rectifying, compounding, or storing spirits, it shall be lawful for the government agent, if he shall see fit so to do, to require the licensee by notice in writing to give up the license which shall have been issued to him, and upon such notice being personally served on such licensee or affixed to any part of the premises to which such license applies, such license shall be deemed and taken to be withdrawn, and shall be of no further force and effect. (2) It shall be open to any person whose license shall be withdrawn by a government agent to apply to the Governor, who may confirm or reverse such withdrawal as to him, with the advice of the Executive Council, shall seem fit. 5 For section 11 of the principal Ordinance the following section shall be substituted, namely: (1) Every license for the distillation of spirits which shall be granted under this Ordinance shall be as near as is material in the form A in schedule IV. hereto, and shall be in force for the period specified therein, and shall bear a stamp, to be furnished by the licensee to the government agent before the issue of any such license, of one hundred rupees for each year or portion of a year during which such license is to run. (2) Every such license shall ordinarily be issued for the period not exceeding twelve months specified therein, but it shall be in the discretion of the government agent to issue a license under this section for a period to be specified in the license exceeding twelve months but not exceeding five years. 6 For section 14 of the principal Ordinance the following section shall be substituted, namely: (1) Every licensed distiller, rectifier, or compounder, and every person in the management or superintendence of the trade or business of any licensed distiller, rectifier, or compounder, who shall sell or dispose of, or knowingly cause or permit to be sold or disposed of on his account, any spirits in a less quantity than thirty-five gallons at any one time, shall be guilty of an offence, and shall upon a first conviction be liable to a fine not exceeding one hundred rupees, and upon every subsequent conviction to a fine not exceeding two hundred rupees, or to simple or rigorous imprisonment not exceeding six months, or to both. (2) If the offender is a licensed distiller, rectifier, or compounder, the court before which he is convicted a second time shall, in addition to awarding any penalty or penalties authorized by this section, declare and adjudge any still, vessel, or utensil, together with any spirit or toddy found at the date of the offence on the premises in which he carried on his business, to be forfeited. All forfeitures may be sold or otherwise disposed of in such manner as the court may direct. Interpretation. Government agent may withdraw distiller's license. Section 11, as to license for distillation of spirits. Section 14. Distiller not to sell less than thirty-five gallons of spirits. |