THE NEW ZEALAND GAZETTE. 527

Governors abroad may appoint Surveyors.
3. The Governor of any British Possession abroad
may from time to time appoint fit and proper persons
to be Surveyors, who shall have and exercise within
such possession all the powers with respect to the
inspection of crew spaces that are conferred upon
the Board of Trade Surveyors in the United Kingdom
by section nine of "The Merchant Shipping Act,
1867."

Construction of Act.
4. This Act shall be read as one Act with "The
Merchant Shipping Act, 1854," and the Acts amending
the same.

Short Title.
5. This Act may be cited as "The Colonial Shipping
Act, 1868."

Colonial Secretary's Office,
Wellington, 10th November, 1868.

THE following Act, passed by the Provincial Council,
and reserved by the Superintendent of the
Province of Marlborough for the signification of the
Governor's pleasure thereon, intituled

"The Public Cemeteries Act, 1868,"

having been laid before the Governor, His Excellency
has been pleased to assent to the same.

E. W. STAFFORD.

Office of the Commissioner of Customs,
Wellington, 3rd November, 1868.

THE attention of Brewers and Spirit Merchants is
directed to the following provisions of "The
Distillation Act, 1868," which will take effect on and
after the first January, 1869 :-

The word "brewer" shall mean any maker of
fermented malt liquor, or any fermented liquor
made from sugar or other saccharine matter,
and termed beer, ale, or porter, or any maker of
wine for sale, and shall include every vendor
of fermented liquors or wines made in New
Zealand, in quantities not less than two
gallons.

Registration of Brewers.
125. Every person at present carrying on, or who
shall hereafter desire to carry on, the trade or business
of a brewer, shall cause his name to be registered by
the Collector of Customs if residing within five miles
of any Custom House, or by the Clerk of Petty
Sessions or Clerk of the Resident Magistrate's Court
at the place nearest to the place where such business
is or is to be carried on at which a Court of Petty
Sessions is or shall be established, or at the office of
the Chief Inspector of Distilleries, and shall also cause
to be registered a particular description of the
premises in which the business of brewing is to
be carried on; and such registration shall be renewed
on the first day of January in every year, not being a
Sunday, and shall be made in the form set forth
in the eighth Schedule of this Act, and the said
Collector of Customs or other officer as aforesaid shall
give to every person registered as aforesaid a certificate
in the form set forth in the ninth Schedule of this
Act, which certificates shall be produced to the Chief
Inspector of Distilleries or other officer authorized by
the Commissioner of Customs when the payment for
the license fee hereinafter mentioned is made, who
shall thereupon grant to such brewer a license in the
form set forth in the tenth Schedule to this Act:
Provided that it shall be lawful for the Commissioner
of Customs to refuse to allow a license to be granted
to brew beer, porter, or ale, on any premises in which,
from their local situation in respect to a distillery,
it shall appear to him inexpedient to allow such trade
or business to be carried on.

Penalty for Brewing without License.
126. If any person shall carry on the trade or busi-
ness of a brewer without having registered or renewed
the registration of his name and premises, or procured
a license as aforesaid, every such person shall be
liable to a penalty of not less than ten pounds and not
more than one hundred pounds, and no registration
shall be considered complete until the license fee as
aforesaid shall have been paid to the Chief Inspector
of Distilleries or other officer appointed to receive the
same by the Commissioner of Customs.

Premises to be open for Inspection.
127. All premises registered and licensed as afore-
said shall be open at all times to the inspection of an
Inspector of Distilleries, Officer of Customs, or person
appointed as aforesaid, who shall respectively have
power to enter into and search all such premises, and
the Commissioner of Customs may lawfully suspend
or revoke the license of a brewer who shall be con-
victed of obstructing or preventing any officer or
his assistant in or from entering into a brewery or
any house, outhouse, store, or other place whatsoever
of such brewer, for the purpose of such inspection as
aforesaid.

Brewing and Sale of Spirits to be in distinct Premises.
128. It shall not be lawful for any person engaged
in the trade or business of a brewer to carry on the
trade or business of a dealer in spirits, either by
wholesale or retail, upon any premises registered or
licensed as aforesaid for carrying on the business of
brewing, or on any premises situated within one
hundred yards of the same, under a penalty of fifty
pounds.

Quantity of Spirits kept by Brewers.
129. All spirits found on the premises of any brewer
registered and licensed as aforesaid beyond the
quantity of six imperial gallons, may be seized by any
Inspector of Distilleries, Officer of Customs, or
persons appointed as aforesaid, and shall be forfeited;
and for every gallon of spirits so seized, such brewer
shall be liable to a penalty of forty shillings.

Name painted on Cart.
130. Every brewer registered and licensed as afore-
said shall cause his name to be painted legibly in letters
not less than two inches in length upon every dray,
cart, or other vehicle used for the purpose of his
trade or business; and every such brewer who shall
fail to comply with the regulations herein contained
shall be liable to a penalty not exceeding twenty
pounds.

Use of Deleterious Drugs prohibited.
131. Any public brewer who shall use, or cause or
permit to be used, in the brewing of any beer, ale,
or porter, or shall put into or mix therewith,
or the worts thereof, respectively, any cocculus
indicus, nux vomica, tobacco, tobacco-juice, opium,
aloes, faba amasa, grains of paradise, cannabis indicus,
or any extract, decoction, infusion, or preparation
thereof, respectively, or any other deleterious or
poisonous matter or thing, shall be liable on con-
viction to a penalty of two hundred pounds for the
first offence, and for the second or any subsequent
offence shall be guilty of misdemeanor, and upon
conviction shall be liable to a fine not exceeding five
hundred pounds, and to be imprisoned for any period
not exceeding two years with or without hard labour,
irrespective of any other penalties imposed by this
Act, and all such beer, ale, porter, and worts shall be
forfeited, and may be seized by any Inspector of
Distilleries or other authorized officer.