Page:Ruffhead - The Statutes at Large - vol 3.djvu/238

 J 90 €. ^0' Anno duodecimo Caholi II. A. D. 1660. XX VIII. And te it further enafted, That every fuch ContraifV, Bargain and Agreement of he Lord Treafurer or Commiffioners of the Treafury, or other Perfons aforefaid, on behalf of his Majelly on the one Part, and the Perfon or Perfons farming on the other Part, Ihall be good and efFe^al in Law to all Intents and Purpofes. rerfoni con- XXIX. Provided always, to the End tlie aforefaid Duty may be paid with moft Eafe to the People, it trafting that be is hereby further ena£i:ea, That the Lord Treafurer, Commiffioners of the Treafury or other Perfons nominaied by aforefaid, Iball not within fix Months after Commencement of this A<51, treat, conclude or agree with any Perfon or Perfons touching the Farming of this Duty upon Beer and Ale in any the refpe(5tive Counties or Places of this Realm or Dominions thereof, other than with fuch Perfon or Perfons as by the Juftices of Peace of the faid Counties or Places, or the major Part of them at their publick Quarter-Sef- ii?>ns, (hall be nominated and appointed in that Behalf, which Perfon or Perfons is to have the firft Re- fufal of any fuch Farm refpedively, and may take the fame ; any Thing in this Adl to the contrary thereof in any wife notwithftanding. XXX. Provided, That the faid Duty fhall not be let to any other Perfon or Perfons than to the Per- fon or Perfons recommended by the Juftices, under the Rate that it fhall be tendred to, and refufed by, fuch Perfon or Perfons fo recommended. Forfeitures snd" XXXI. And be it further enaded and ordained by the Authority aforefaid. That all Forfeitures and Offences within Offences made and committed againft this Adt or any Claufe or Article therein contained, fliall be heard, detennineT''*'^* adjudged and determined by fuch Perfon or Perfons, and in fuch Manner and Fonn as hereafter in and by this Aft is directed and appointed; that is to fay, (2) all fuch Forfeitures and Ofiences made and com- ' ■ ■ "•"•■-- offic " ' the Juftices of the Peace in every County, ttvAK have the Refufalof any Farm. Hard res 473. ^ Mod.z83. mttted within the immediate Limits of the Chief Office in London^ fhall be heard, adjudged and deter- mined by the faid Chief Commiffioners and Governors of Excife (appointed by his Majefly) orthemajor Part of them, or by the Commiflioners for Appeals and regulating of this Duty, or the major Part of them, in Cafe of Appeal, and not otherwife : (3) And all fuch Forfeitures and Ofiences made and committed within all or any other the Counties, Cities, Towns or Places within this Kingdom or Do- minions thereof, fhall be heard and determined by any Two or more of the Juftices of the Peace refiding near to the Place where fuch Forfeitures fhall be made or Offence committed : (4) And in Cafe of Neg- ie6t or Refufal of fueh Juftices of the Peace, by the Space of fourteen Days next after Complaint made, and Notice thereof given to the Offender, then the Sub-Commiffioners or the major Part of them ap- pointed for any fuch City, County, Town or Place, fliall and are hereby impowered to hear and deter- Appealsby Par- mine the fame : (5) And if the Party find himfelf aggrieved by the Judgment given by the laid Sub- ties giieved. Commiffioners, he fhall and may appeal to the Juftices of the Peace at the next Quarter-SefEons, who are hereby impowered and authorized to hear and determine the fame, whofe Judgment therein fhall be final ; (6) which faid Commiffioners for Appeals and regulating of this Duty, and the Chief Commiffioners for Excife, and all Juftices of Peace and hub-Commilfioners aforefaid refpedtively, are hereby authorized and ftrictly enjoined and required upon any Complaint or Information exhibited and brought of any fuch Forfeiture made or Offence committed contrary to this A(5t, to fummonthe Party accufed, and upon his Appearance or Contempt to proceed to the Examination of the Matter of Fadt, and upon due Prorf made thereof, either by the voluntary Confeffion of the Party or by the Oath of one or more credihlp Witneffes (which Oath they or any Two or more of them have hereby Power to adminifter) to give Judgment or Sentence, according as in and by this A6t is before ordained and directed ; and to award and • iffue out "Warrants under their Hands for the Levying of fuch Forfeitures, Penalties and Fines as by this A6t is impofed for any fuch Offence committed, upon the Goods and Chattels of the Offender, and to caufe Sale to be made of the faid Cjoods and Chattels if they fhall not be redeemed within fourteen Days, rendring to the Party the Overplus if any be, and for Want of fufficient Diitrefs to imprifon the Party of- fending till Satisfadtion be made. Fines and For- XXXII. Provided neverthelefs. That it fhall and may be lawful to and for the faid refpeftive Juftices ieitures may be of the Peace, Commiffioners for Excife, or any Two of them, or their Sub-Commiffioners refpedtively, tnttigatsd. from Time to Time, where they fliall fee Caufe, to mitigate, compound or leffen fuch Forfeiture, Pe- nalty or Fine, as in their Difcretion they fhall think fit; and that every fuch Mitigation and Payment thereupon accordingly made, fhall be a fufficient Difcharge of the faid Penalties and Forfeitures to the Perfons fo offending, fo as by fuch Mitigation the fame be not made lefs than double the Value of the Du- ty of Excife, which iliould or ought to have been paid, befides the reafonable Cofts and Charges of fuch Officer or Officers or others as were imployed therein, to be to them allowed by the faid JuTtices ; any Thing in tbis Adt to the contrary in any wife notwithftanding : (z) And it is hereby further enadled and ordained. That all Fines, Foifeitures and Penalties mentioned in this Adt, allneceffary Charges for the Recovery thereof being firft dedudted, fhall be imployed, three fourth Parts thereof to and for the Ufeot' the King's Majelty, and the other fourth Part to the Difcoverer or Informer of the fame. (3) And for the better Managing, Colledting, Securing, Levying and recovering of all and every the faid Rates and Charges of Excife hereby impofed, and fet upon all or any of the Commodities before mentioned, to the End the fame may be paid anddifpofed of accordingto the Intent of this prefent Adt ; (4) be itfurther enadled and ordained by the Authority aforefaid, and it is hereby enadted, That one principal Head Of- J fice fhall be eredted and continued in the City of Lo?idon, or within ten Miles thereof, from Time tp i| Time, as long as his Majefty fhall think fit, for this Duty, unto which all other Offices for the famfc Cornmiffioners 'Within Enghndznd Wdks, and the Town and Port of Berivid, fhall be fubordinate and accountable ; which ond Governors faid Office fliall be' managed by fuch Officers as fhall be appointed by the King's Majefty as aforefaift for managn!; ,vviio, or any two of them, are hereby appointed and conftituted Commiffioners and Governors for the. Excife^'^^''"' ° Management of his Majefty's Receipt of the Excife, and to fit in fome convenient Place in the Cityjtf London or within ten Miles thereof, from Time to Time, as long as his Majefty flull think fit. XXXIII. And ., /How the Fires ?nd Forfeitures thall beiin- plojed.