Page:Ruffhead - The Statutes at Large - vol 3.djvu/479

 A. D.i688. Anno prime Gu LI EL Ml & Ma Ri^. C. 24. 431 ty's Reign, intituled, "y/;! additional Acl for the better ordering and coIleSling the Duties of Excife, and pre-i^C»T.z.c. i. writing the Jbufes therein, or in either of them, or by any other Law now in Force, relating to the Reve- nue ot Excife, not otherwife herein and hereby altered and provided againft. ' V. And for the avoiding all Uncertainty, and all Differences and Difpute?, which of late have been be- ' tween the Gagers and the Brewers, Vidluallers, Retailers, and other Perfons chargeable with the Duties ' of Excife, touching Beer and A.le, and touching the Returns or Charges made or to be made of Beer or ' Ale, by the Gagers or Officers appointed to take Account and afccrtain the fame ;' Be it enacted and de-^"'^"*'^"** .^ clared by the Authority aforefaid, That every four and thirty Gallons of Beer or Ale, whether ^rong CGaTrer * '■ fmall, brewed or made in any Part of England, JVales, or Town of Berwick upon Tweed, by any the Perfon " or Perfons aforefaid, other than within the Cities of London and JVeJiminfter, and within the weekly Bills of Mortality, taken by the Gagcr according to the Standard of the Ale Quart, four whereof ftiall make
 * the Gallon, remaining in the Cuftody of the Chamberlain of their Majefties E.xchequer,. fhall be reckon-

! ed, accounted, and-returned by the Gager or Gagers, or other Officers aforefaid, for a Barrel of Beer orA'low.mcefer I Ale ; and that the Allowances appointed to be made and allowed to the common Brewers, other than i-cakage- I within the Cities of London and JVeJlminfler, and the weekly Bills of Mortality aforefaid, for Wafte by I filling and Leakage of their Beer and Ale, out of the faid Return? or Charges made by the faid Gagers or other Officers aforefaid, fhall be two Barrels and an Half upon every three and twenty Barrels of Beer or j Ale, whether ftrong or fmall, and jio more ; any Thing in the above mentioned Ails, or any other A<3: I of Excife, or any Law or Ufage to the contrary in any wife notwithftanding ; and that every Barrel of j Beer and Ale, made and brewed within the faid Cities of London and TVeJlmin/hr, and vvithin the weekly j Bills of Mortality aforefaid, by any the Perfons aforefaid, {hall be reckoned, accounted, and returned as i the fame are refpecSlively to be reckoned, accounted, and returned by the former Afts of Excife ; and that
 * the common Brewers v/ithin the Cities of London and JVcfminfter^ and- within the weekly Bills of Mor-

} tality, Ifcall have the like Allowances for Wafte by filling and Leakage, out of the faid Gagers Returns, as, by the faid former Acls are directed, ■ VL A.nd whereas by the Laws relating to their Majefl:y's Revenue of Excife it is enafted. That Gagers Brewer cWgr- have Power to gage all Coppers, Fats, andVeffels in anyBrcwhoufe, and all other Places whatfoever, belong- ^'"'^ ^"'^ ^"^ ing to, or ufed by any Brewer, Innkeeper, ViiStualler, or other Retailer of Beer or Aile, and to take an^"j."^'j^j^5jj^__ Account of Beer, Ale, and Worts from Time to Time brewed or made, and thereof to make Return. and Report in VVriting to the Commiffioners and Sub-commiffioners of Excife, and fuch Returns to be; a Charg? upon fuch Brewers : Now for the preventing of Frauds and Difputes v/hich may happen or arife by the Gagers making their Returns as aforefaid ; be it enafted by the Authority aforefaid. That where it ftiall appear to the Gager or Gagers, that any Worts are miffing, or not let ;fairly down into the Tun, and fuch Gagpr cannot find the fame, in fuch Cafe it ftiall be lawful for fuch Gager to charge fuch, Brewer, Vifliualler, or other Rfetailer, with fo much Beer or Ale, as fuch Worts fo miffing would reafon-, ably make. VIL And for the avoiding as much as may be all Difputes, be it enabled, That it fliall and may be lawrfulGagers may for all Gagers to take their Gages, and make their Returns and Charges, upon warm Worts in the Backs,,'"^'*^^ ^^'^'""?.,' Coolers, or other Veffels, and in fuch Cafe fhall make Allowance to the Brewer, Innkeeper, Viftualler,:!^"""'"'™ or other Retailer, of one tenth Part thereof for Wafh and Wafte for all Worts fo returned and charged ^ which Worts, nor any Part of the fame, are to be in any Sort afterwards charged with the Payment of any Duty of Excife when brewed or made into Beer or AJe. VIII. Provided always, and be it enadled by the Authority aforefaid. That no Innkeeper, Vidl:ualler,4'^^^°°*^ or other Retailer of Beer or Ale, fhall at rny Time hereafter, during the Continuance of this Aft, or of'"=''^'^ for fti- the additional Duties hereby impofed, be fued, impleaded, or molefted, by Indictment, Information, orR"te^'h^n"f 'ir^ popular A£tion, or otherwife, for felling or uttering any Beer or Ale, at any other or higher Prices thann,erly> the Prices heretofore limited and appointed; any Thing in this A£l, or any other Law or Statute, to the- contrary notwithftanding. IX. And forafmuch as it is found by Experience, that the Payment of their Majefties. Duties on Strong. Waters, Aqua vita, and Spirits, is much avoided and defrauded by the Diftillers or Makers of the Com- modities aforefaid, by reafon that the Gagers and Officers appointed to gage and charge thofe Liquors, are. not duly admitted and permitted to enter and come into the Houfes, Diftilling-houfes, or Store-houfes, and other Places belonging to, or ufed by, fuch Diftillers or Makers of fuch Strong Waters, Aqua vitcs, and Spirits, and tlie Penalties impofed by the former Acls are often avoided for fucb Denial or Refufal, becaufe Proof cannot be made by the Informers or Officers of any Sale made of any their CommoditiesPuniilMTiere before the Duty thereof is paid ; Be it enacfted. by the Authority aforefaid. That from henceforth in-^P?" Diftiijer cafe any Diftiller or Maker of the Commodities aforefaid ftiall, upon due Requeft or Demand made by[o comf il^t^"^' tjie Gager or Officer in the Day-time, or in the Night-time in the Prefence of a Conftable, refufe to per-hisstoie- mit fuch Gagers to enter and come into his or their Houfe, Diftilling-houfe, Store-houfe, or other Places.houfe, &c. belonging to, or ufed by, fuch Diftillers or Makers of Strong Waters, Aqua.vittz, or Spirits, tHe Party and Parties fo offending ftiall forfeit and incur the Forfeitures and Penalties by the faid former Afts. im- pofed and infliiiled, to be recovered in Manner as therein and thereb)f is diredted j and the Informer or Profecutor ftiall not be obliged to prove that fuch Offender fold, carried, or delivered out. Part of Rls Cornmodities aforefaid, before he had paid or cleared the Duties due for the fame j any Thing in. the faid former Aftj or any other Ail or Statute to the contrary netwithftanding.