Page:Ruffhead - The Statutes at Large - vol 3.djvu/244

 r ,• j 196 G. 24. Amio dtiodecimcJ ClftoLi II. A. D. 1660. (t'^atis to fay) upon ever/ three and tv^erity BairelS of Beer, wHether ftrong or fmall, returned by the fajcl Ciagers, three Barrels ; and upon every two and twenty Barrels of Ale, whether ftrong or (mail, returned by t!>e Ga.^ers, two Barrels; which faid Allowances and Abatements the faid Commif- . ;,fipnej-sto beappomte^as aforefaid, and their Sub^-Cpmmiffioners, are hereby authorized to allow and make accordirigly. ■Forfeiture for ' XXXVII. Provided always. That where any Gomtnon Brewer fliall wittingly or willingly make a making falfe falfe Entry, and be convidted for the fame before the Commiffioners to be appointed as aforefaid, or Entries, ^^^ j.^^ ^£ them, or before fuch other Perfon or Perfons as are hereafter by this Aft appointed, in that Cafe fuch Brewer or Brewers fhall forfeit and lofe over and befides the Penalties before mentioned, the faid Allowance fo to be made, for fix Months then next enfuing. NoBeer, &c.to XXXVIII. And be it enacled and ordained by the Authority aforefaid. That no Beer or Ale (hdl be delivered by ^g delivered in by fuch Brewer or Maker thereof, to any Vitftualler or other Retailer thereof, until tii^the Exdf""be the Rate which by fuch Viiftualler or Retailer is to be paid over and above the Price of the faid Beer paid by the Re- or Ale, for or in Refpedl of this Duty, be firft paid and fatisfied by the faid Vidualler or Retailer, to taiier. the Brfewer or Maker thereof, Provifo for Beer XXXIX. Provided always. That' if any Perfon or Perfons fhall brew and fell by Retail any fmall and Ale fold ill Quantities of Beer or Ale in any Fair within this Realm or Dominions aforefaid, who is not other- "' Wife any common or ifual Brewer or Retailer thereof, antl fhall before any fuch Selling and Retailing thereof, well and truly pay and fatisfy the Duty due for the fame to the Commiffioners or Sub- Cortimiflioners within whofe Limits or Divifions the faid Fair fhall be held, or to their Officers there- unto appointed; that then fuch Perfon or Perfons fo brewing or retailing the fame, and for fo much and no more, nor otherwife, fliall be freed and difcharged from all Penalties and Forfeitures in and by this Act before mentioned and impofed j any Thing therein contained to the contrary notwith- •-' ;• ■ ftanding. TheCommimo- -^L. Provided neverthelefs, That it fliall and may be lawful to and for the faid Commiffioners and nersmaycom- Sub-Commiffioners refpedively, to compoimd for this Duty with any Inn-keeper, Victualler, Alehoufe- poundfqrthe keeper or Retailer of Beer, Ale and other the Liquors aforefaid, within their refpeftive Divifions, from cfvifions,, "' Time to Time, and in fuch Manner and Form as may be moft for the Advantage and Improvement of .,■ . "'.[ the Receipts thereof; any Thing in this A6t before contained to the contrary notwithitanding. The Power of XLI. And it is flirther ordained and enadled by the Authority aforefaid. That the Lord Treafurer, the Lord Trea- qj- CommilTiOners of the Treafury for the Tinie being, or fuch other Perfon or Perfons as his Ma- contraftfor" J'^'^Yj ^'S Heir's and SuccefTors fhall appoint, fhall have Power, and are hereby authorized and im- f arming any powered from Time to Time to treat, contradt, conclude and agree with any Perfon or Perfons for the Rates or qj- concerning the Farming of all or any the Rates, Duties and Charges in this Act mentioned, upon ^u^^iesintis gggj.^ Ale, Perry, Cyder or other the Liquors aforefaid, in any the refpecSive Counties, Cities or Places ■.« of this Realm or Dominions thereof, as may be for the greateft Benefit and Advantage of the faid Re* II ceipt, fo' as the fame exceed not the Term of three Years. • '^ XLII. Aiid be it further enafted, That every fuch Contraift, Bargain and Agreement of the Lord Treafurer, or Commiffioners of the Treafury, or other Perfons aforefaid, on Behalf of his Majefty on the one Part, and the Perfon or Perfons farming on the other Part, fhall be good and effedtual in Law, to all Intents and Purpofes. Perfons to heap- XLIII. Provided always, to the End the aforefaid Duty may be paid with moft Eafe to the People, proved by t>ie jt jg herebyfurther ertadted, That the Lord Treafurer, Commiffioners of the Treafury or other Perlons Peace &c!%vith- aforefaid, fhall not within fix Months after the Commencement of this A(5t, treat, conclude or agree infix Months, with any Perfon or Perfons touching the Farming of this Duty upon Beer and Ale in any the refpeitive to have theRe- QQu^ties Or Places of this Realm or Dominions thereof, other than with fuch Perfon or Perfons as by ing^for'theE^-' the Juftices of Peace of the faid Counties or Places, or the major Part of them, at their publick Quarter- ciieintheir re- Seffions fhall be nominated and appointed in that Behalf, which Perfon or Perfons is to have the firft l| rpeftiveCoun- Refufal of any fuch Farm refpeiftively, and make take the fame ; any Thing in this A6t to the contrary; ,' thereof in any wife notwithflanding. XLIV. Provided, That the faid Duty fhall not be let to any other Perfon or Perfons, than to the Perfon 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 and XLV. And be it further enadted and ordained by the Authority aforefaid. That all Forfeitures and I Offences within Offences made, done and committed againft this Adt, or any Claufe or Article therein contained, fhall to'b^de'ter°^ ^^ heard, adjudged and determined by fuch Perfon or Perfons, and in fuch Manner and Form as here- mined, after in and by this Adt is diredted and appointed ; that is to fay, (2} all fuch Forfeitures and Offences London made and committed within the immediate Limits of the Chief Office in London^ fliall be heard, adjudg- ed and determined by the faid Chief Commiffioners and Governors of Excife (appointed by his Majefty) or the major Part of them, or by the Commiffioners for Appeals, and regulating of this Duty, or the Counties, Cities, major Part of them, in Cafe of Appeal, and not otherwife : (3) And all fuch Forfeitures and Offences &c. within this j-nade and committed within all or any other the Counties, Cities, Towns or Places within this King- King om. j^^ ^^ Dominions thereof, fhall be heard and determined by any two or more of the Juftices of the NijKlefls of the Peace refiding near to the Place where fuch Forfeitures fhall be made or Offence committed : (4) And in juilices. Cafe of Negledt or Refufal of fuch Juftices of the Peace, by the Space of fourteen Days next after Com- plaint made, and Notice thereof given to the Offender, then the Sub-Commiffioners, or the major Part of them, appointed for any fuch City, County, Town or Place, fliall and are hereby impowered to hear and determine the fame; (5) and if the Party find himfelf aggrieved by the Judgment given by the faid Sub-CommiflJonej-s, he Ihall and may appeal to the Juftices of the Peace at the next Qiiarter-Seffions, who ■