31 ( Ireland.)— FIFTH REPORT OF THE COMMISSIONERS [ Excifc. 3 Appendix, Nos. 44, 45, 52 I Appendix, Nos. 51, 54. Appendix, Nos. 44,45,52,55 • 1 ill 1 ! I Appendix, Nos. 44,52, 55. of £. 7,950 in the Counties of Cavan, Fermanagh, Tyrone, Donnegal, Derry, Leitrim, Monaghan, and Clare. The Infliction of these Penalties is stated to have had an immediate Effect in checking for a Time, un- licensed Distillation in those Counties. At the last summer Assizes there were also many Informations prosecuted, and Penalties levied, to the Amount of £. 5,100, but we learn that several of the Informations failed ; and the Consequence has been, the Return of unlicensed Distillation in those Counties with renewed Activity. As much of the Efficacy of all Laws will depend on the Celerity with which the Punishment follows the Offence, it is desirable, in order to give full Effect to the Provisons which has been deemed necessary to introduce for the Suppression of unlicensed Distillation, to make such Arrangements, as that the least possible Delay should take place in prosecuting these Infor- mations to Conviction, for which Purpose, and in order to lessen the Weight of Business at the Assizes, we recommend that Jurisdiction, in these Cases, should be restored to the Assistant Barrister of the County, leaving it in the Option of Prosecutors, to have tbeir Informations tried either before him or the Judges of Assize; and that, upon all Convictions, the Treasurer of the County should issue his Warrant for levying the Pe- nalties, and have them forthwith collected and paid over, without waiting till the usual Time of collecting the Grand Jury Cess. This separate and speedy Collection of the Penalties would make a stronger Impression, and call forth greater Exertion to prevent their Recurrence ; whilst a more prompt Remuneration would stimulate the Officer to increased Activity. For Difficulties of Proof, such as appear to have occurred, due Dili- gence in the Conduct of the Prosecution ought, in most Instances, to be an effectual Remedy; for such other Difficulties as have been stated, some legislative Provisions may be requisite. Although we feel reluctant to recommend an Extension of Laws that are highly penal, yet, considering the Ease with which Stills can be removed and concealed, we think it might be advisable to extend the Penalty on the Townland or Parish, to the finding any Wash, Pot Ale, or Singlings, or of any Vessels used for containing them. We are further of Opinion, that it might aid the Suppression of this illicit Trade, if Persons knowingly purchasing unlicensed Spirits were made liable to a Penalty, to be recovered in a summary Way. Where the Difficulty of obtaining a fair Trial in the proper County may be apprehended, we think the Commis- sioners of Excise might have the Power of directing the Trial to take place in Dublin, or any other County. Appendix, No. 46. By the annexed Account, transmitted to us from the Board of Excise, there appears to have been paid, in the Four Years and a Half ending June 1806, under the Head of Reward and Expences ( exclusive of Law Costs) a Sum of £. 58,021. 1. o. on Account of the Seizure of unlicensed Stills whereby the Townlands and Parishes incurred Penalties to the Amount of £. 337,450. j of which, during the first Three Years of that Period, there was levied off the Townlands a Sum of £. 720. only; during the Year 1805, ( from the 29th September 1805, the Penalty was made to attach on the Parish instead of the Townland, and increased from £. 20 to £. 50), a Sum of £. 939. 5.; and in the Half- Year ended in June 1806, £. 9,151. 9. 2, In the Year 1802, it must be observed, that the Difficulties; of carrying into Execution the Acts then in force, gave rise to a Recommendation for sus pending 4 jr> jjt " jA rtitP1,1 pw 1 J** p M ikkiii II .^ iiilf I jj^ iiOT ffw ten' X fU Mm teU IM BfMiJ | f 5; wfclfff, " VUK " noma HIL Old tr