Page:Ruffhead - The Statutes at Large - vol 3.djvu/680

 624 C. 30, Anno feptImo& odavo Gu LIE LMi fiL A. D. 1696. contrary hereunto, fliall for every fach Offence forfeit and lofe the Sum of forty Shillings, for every Bar- rel of Vinegar or Sweets that fhall be fo carried out, contrary to the true Meaning of this Aft. Clauft in the XIX. And be it further eiiafted by the Authority aforefaid. That a certain Claufe in an A61 made in the Aft 3 w, &M. fecond Year of the Reign of His Majefty and the late Queen Mary of Blefled Memory, intituled, Anjia ff. 2. c. 9. ^. j-gf ijjg encouraphi^ the dijlillin^ of Brandy and Spirits from Corn, and for laying feveral Duties on Low Wines M. continued, or Spirits of the firfl Extra£fton, relating to Strong Waters, Brandy, Aqua Vita, and other excifeable Li- quors brought from the Iflands oi Guernfey, Jerfey,^ Sark, or Alderney, and all the Charges, Duties, and Pe- nalties, and every Article and Thing therein contained, ftiall continue and be of Force and Virtue, during the Continuance of this Aft, in as full and ample Manner, to all Intents and Piirpofes, as if the faid Claufe were herein Word for Word repeated and enabled. ' XX. And forafmuch as it is found by Experience, that the Payment of His Majefty's Duties on Beer, ' by their making Drink of an extraordinary Strength, and mixing of Small Beer or Worts with the fame, ' Worts, after the fame hath been gauged, and making them up by Part of another Wort, before the ' Gauger can take an Account of the fame, by making ufe of private Pipes, and other Conveyances under ' Ground : And by reafon the Gaugers and OfRcers are not duly admitted and permitted to enter and come ' into the Houfes, Brew-houfes, Diftilling-houfes, Store-houfes, and other Places belonging to or ufed by ' fuch Brewers, Diflillers, or Makers of the Liquors aforefaid, or being lawfully entred, are not quietly ' permitted to continue in fuch Brew-houfe, where the faid Liquors are brewing and making, to gauge ' and take an Account of the Quantity and Quality of the feveral Worts, as they are brewed off, and to fee ' their Strong and Small Drink cleanfed and carried out without Mixture, and to prevent the committing Brewers, &c. ' any Other Frauds :' Be it therefore ena£led by the Authority aforefaid. That all common Brewers, Inn- >rewing a Party keepers or Viftuallers, who after the faid five and twentieth Day oi March fliall brew or make a Party Guile, todeclave Guile, fliall declare to the Gauger or Gaugers appointed to gauge and take an Account of the fame, how muchTron "^ much of fuch Guile he or they intend to make into Strong Beer or Ale, and how much into Small, be- Be"erand how foi'e any Part of fuch Guile is cleanfed, and fliall continue all the faid Strong Beer in their Tuns, until the much Small, &c. faid Small Beer fliall be carried out and delivered ; and in cafe fuch Brewers, Innkeepers, or Viftuallers, or In cjfe of Refu- their refpeftive Servants, brewing or making fuch Guile of Beer or Ale, fliall refufe to declare to fuch fal, Gaugerto Gauger ot Officers, how much of their Guile or Brewing they intend to make into Strong Beer or Strong afst^ong^Beev.^ ^'^' ^"'^ how much into Small, before any Part of fuch Guile is cleanfed, or fliall permit the faid Strong ' This Claufe " Beer to be carried out of their Tuns, until the faid Small Beer fhall be carried out and delivered ; fuch Gauger repealed by 8 & or Gaugers fliall charge and return the whole of fuch Guile to be Strong, and fuch Brewer, Innkeeper, or 9W,3.c. 19. Vidualler, fliall pay the Duties thereof accordingly : And in cafe fuch Brewer, Innkeeper, or Victualler, §• ^'' or their refpedive Servants, after fuch Declaration made, fliall make any Tncreafe of their Strong Beer or Penalty for in- Strong Ale fo declared as aforefaid, by any Ways or Means whatfoever, fuch Increafe fliall be deemed and EeeVafter'fbcIf t^^^n to be and proceed from mixing Small Beer with fuch Strong Beer, or Strong Ale ; and fuch Brewer, Declaration, Innkeeper, or Vidualler, fliall forfeit arid lofe, for every Barrel io increafed, the Sum of forty Shillings, and fo in Proportion for a greater or leffer Quantity, over and above the Penalties already impofed for mix- ing Small Beer with Strong ; and in cafe, upon any Information brought againft fuch Brewer, Innkeeper, or Viftualler, for the Penalties aforefaid, it fhall appear by the Evidence given in Behalf of fuch Brewer, Innkeeper, or Viftualler, that the Strong Beer, or Strong Ale, fo declared as aforefaid, was increafed, by adding to or mixing with the fame any Strong Beer or Strong Ale, that remained or was left, or returned of a former Guile of his or her brewing, fuch Brewer, Innkeeper, or Victualler, {hall incur all the Penalties aforefaid, except it be alfo proved by the Oath of one or more credible Witnefies, that fuch Strong Beer, or Strong Ale, fo added to fuch Guile, was added to iuch Guile in the Sight and View of the Gauger, the faid Evidence or any other thing to the contrary in any wife notwithflanding. for carrying out XXI. And it is hereby further enaded by the Authority aforefaid, That if from and after the faid five any Part of a and twentieth Day oi March, any common Brewer, Innkeeper, or Viftualler, fliall cleanfe, carry out, Gau^eHiath remove, or convey out of his Brew-houfe, or Place of brewing, any Part of his Guile or Brewing of Beer, talcen^n^Ac- ^^^■> ^'^ Worts, before the whole of fuch Guile is brewed off, and be in his Tuns, Backs, or Coolers, and count, until the Gauger or Gaugers fliall or might have taken an Account of the fame, and of the diftinct Qiian- tities thereof in his refpeftive Veflels, without firfl: giving Notice to the Supervifor or Gauger appointed for the Place or Divifion where fuch Brewer, Innkeeper, or Victualler, doth or fhall inhabir, at what Time, and how much of fuch Guile or Brewing he intends to cleanfe, carry out, or remove, and whe;e he intends to lay or difpofe of the fame, fuch Brewer, Innkeeper or Viftualler, for every Barrel of Beer, Ale or Worts, fo cleanfed, carried out, removed, or conveyed out of his Brew-houfe, or Place of brewing, without giv- ing fuch Notice as aforefaid, fliall forfeit and lofe the Sum of forty Shillings. and for refufing XXII. And it is further ena£ted by the Authority aforefaid, That if any common Brewer, Innkeeper or Eer^""ome into Viftualler, after the faid five and twentieth Day of March, fhall, upon due Requeft or Demand made by the his Brew-houfe, Gauger or other Officer in the Day-time, or in the Night in the Prefence of a Conftable, refufe to permit &c. ' fuch Gauger or other Officer to enter and come into his Houfe, Brew-houfe, Store-houfes, or other Places belonging to or ufed by fuch Brewer, Innkeeper, or Vidlualler; or being lawfully entred, fhall refufe fuch Gauger or Officer to ftay and continue in his Brew-houfe, or Place of Brewing, whilft his Guile is brew- ing, and quietly gauge and take an Account of the feveral Worts as they are brewed off and let into his Backs and Tuns, and to fee their Strong and Small Drink cleanfed and carried out without Mixture, and to gauge and take an Account of the Goods in the Mefh Tun, or of the Quantity of Malt from which fuch Worts are drawn or made, fuch Brewer, Innkeeper, or Vi£lualler, for every fuch OfFence, fhall forfeit and lole the Sum of twenty Pounds, and the Informer or Profecutor fliall not be obliged to prove that fuch Brev/er, Innkeeper or Viftualler, did carry, or deliver out any Part of fuch Guile of Beer or Ale before he paid
 * Ale, and other excifeable Liquors, is much avoided and defrauded by the Brewers and Makers thereof'
 * after an Account hath been taken by the Gaugers, and by their carrying away, or laying off Part of their