Page:Ruffhead - The Statutes at Large - vol 3.djvu/681

 A. t). 1696. Anno reptimo & 0(5lavo G u L I E L M I III. C. 30, 625 paid and cleared the Duties due for the fame ; any thing in the former A£ts of Excife, or any other After Statute to the contrary notwithftanding. XXIII. And for the preventing and difcovering of all Frauds made by Mixtures or oiherwifc, I'e it en- p^^,!, „p, aded by the Authority aforefaid, T'hat if any common Brewer or Innkeeper, after the faid iive and tv/en- er, iri m,xl7' tieth Day of March, fhall upon carrying out his Drink, or after the fame is carried cut, ftart or mix any Small Bicrv.ith Small Beer or Small Worts with or amongfl any Strong Beer or Strong Ale, upon his Dray, or in any stmrig after car- Vidtualler's Cellar, or other Place, fuch Brewer or Innkeeper fo doing, Ihall forfeit and iole for every fuch '"■'""'• OiFence the Sum of five Pounds ; and further, that it fhall and may be lawful to and for the Gauger or G.-irpcrmaytafte Gaugers of the Excife to talte the Drink upon any fuch Brewer's Dray or Drays, where and whenfoever Diink on the he or they fhall find and meet the fame ; ami alfo, upon Requeft, to enter into the Cellar or Cellars, or '-'"' "' '[' 'J»« other Rooms in the PofTcilion of any Innkeeper or Victualler that do or fhall take or receive any Drink of ^"^'"^i^f •^<-'cl-- or from any common Brewer, and to tafte the Drink in the fame; and if any Innkeeper or ViiSlualler, ' after the faid five and twentieth Day of March, fliall refufe fuch Gauger or Gaugers to enter sjid come tJihcrrcfuiinK" into their Cellar or Cellars, or other Rooms, or being entrcd, fliall refufe fuch Gauger or Gauge; s to tafte the Drink in the fame, fuch Innkeeper or Victualler, for every fuch Offence, fhall forfeit and lofe the Sum of five Pounds. XXIV. And be it further enacted. That it fnall and may be lawful to and for the CommiiTioners of Ex- Cornmiffioners cife, and Juftices of the Peace refpedtively, upon any Information exhibited before them, for any Offence of Hxrife, &c. committed againft the Laws of Excife, to fummon any Perfon or Perfons (other than the Party accu(ed) '^y f;;mmon to appear before them at a certain Day, Time and Place, to be inferred in fuch Summons, and to g-Jws *^'^"^=- Evidence for the Difcovery of the Truth of the Matter in Controverfy before them ; and in cafe of Ne- Penalry for not gle£l or Rc''ufal to appear, or if upon Appearance fuch Perfon or Perfons fliall refufe to give Evidence, appearing. ■! ten Pounds, to be impofed, recovered, levied and difpofed in Rdanner as herein is direfted. ' XXV. Antl whereas in and by one A6t of Parliament, made in the fifth and fixth Years of the Reign ' of His Majefty and the late Queen Mary of Blefled Memory, intituled, Jn ASl for granting to thnr 5&6W. &M. ' Majejlies feveral Rates and Duties upon Tunnagc of Ships and Vejfels, and upon Beer, Ale, and other Li- c 25. ' qtiors, for fecuring certain Recoinpences and Advantages in the Jaid A£i mentioned, to fuch Perfons as fall vo- ' luntarily advance the Sum of fifteen hundred thmfand Pounds, towards the carrying on the JVar againjl France, ' it is amongfl: other T'hings enacted in the W"ords or to the Effeft following (viz.) That true Notes in ' Writing of the laft Gauges, iuade or taken by the Gaugers, Jhall be left by them with all Brewers, Makers or ' Retailers of Beer, Ale, or other Excifeahle Liquors refpeSlively, or fome of their Servants, at the Times of ' their taking their Gauges, containing the ^lantity and polity of the Liquors fo gauged, upon certain Penalties ' in the faid Acts mentioned : And whereas it is neceffary for the fecuring His Majefty 's Duties upon the ' Liquors aforefaid, that feveral Gauges be taken by one or more Officers of every Wort of one and the ' fame Guile or Brewing, by Reafon whereof the faid Notes left by fuch Gaugers do not fufficiently in- ' form fuch Brewer or Retailer how much he is charged in fuch refpeftive Guile or Brewing :' Be it there- fore enadted by the Authority aforefaid, That from and after the faid five and twentieth Day of ^/^rcA,, Ganger to leave every Gauger fnall, within three Days after the End of every Week, deliver to or leave with inch Brewer with Brcv/cr, or Retailer, or their refpecSive S rvants, a true Copy, under his Hmd, of each refpeitive Charge by him ^'<^- a Copy of made upon fuch Brewer or Retailer, containing the Qiiantity and Quality of the Liquors by him charged f^"^"^ Charge bj in fuch Week refpeftively ; and if any fuch Gauger or Gaugers fliall refufe or negleil to leave with fuch Brewer or Retailer, or their refeftive Servants, fuch Copy of his or their Charges as aforefaid, or fliall q^"^^^ °" I .« charge fuch Brewer or P,.etailer more than fuch Copy contains ; fuch Gauger or Gaugers fhall forfeit and i,ig^ &c. ° lofe, for every fuch Offence and Negleft, the Sum of ten Pounds, to be recovered by any Perfon that fhall 12 Geo. i.c.aS. fue for the fame, by A£tion of Debt, Bill, Plaint or Information, in any of His Majefty's Courts of Re- §• 3°' cord at Weftminf.cr, in which no Eflbin, Protedtion, Privilege or Wager of Law, nor more than one Im- parlance fhall be allowed. XXVI. And it is hereby provided and declared. That no Gauger or Gangers, who do or fliall leave fuch GauEersIeavinc Copy of his -Charges, as above diredted and required, fhall from henceforth be liable to any of the Penalties Copy of fuch by the former A£ts impofed, for not leaving Notes of the laft Gauges at the Times of' their taking fuch Charges not U- Gauges ; the faid Aft, or any other A£t or Statute to the contrary notwithftanding. ^Wc to thePc- XXVII. And for the better preventing and difcovering of all private Backs, Tuns, and other private "^'"'^ *•'■=• and concealed Veffels or other Receptacles, and of all Drains, Pipes, or other Conveyances to or for the fame, ufed by any Brewer, Diftiller, or other Maker or Retailer of Excifeable Liquors, to defraud His Majefty of any of the Duties payable by them or any of them refpeiStively ; Be it enadled by the Authority aforefaid. That from and after the faid five and tv/entieth Day of March, that it fhall and may be lav/ful officers ff a to and for the Officer and Officers of Excife, or any of them, in their refpecStive Diviaons, in the Day- ing'.i'nyprreaie" time, and in the Prcfence of a Conftable or other lawful Officer for the Peace (who are hereby refpeftively Back, Tun, &c, r.quired to be aiding and affilting therein) where they fhall have a juft Sufpicion that any fuch private ^^ybreak open Backs, Tuns or other Veffels aforefaid, are ufed by any fuch Brewers, Diitillers or Makers aforefaid, on ^^rewhouie Requeft firft made, and Caufe declared, to break open the Door, or any Part of fuch Brev/-houfe, Diftil- ^""ch^"^' ''"*' lir.g-houfe, Store-houfe, Ware-houfe, or other Room in their refpective Poffeffions, and to enter into the fame, and alio break up the Ground in any fuch Brew-houfe, Diftiiling-houfe, Store-houfe, Ware-houfe, or oihtr Rocm, or the Ground near adjoining, in their refpective Poflefiions, to fearch after fuch Back, Tun or other Veffel aforefaid, or any Pipe or other Conveyance leading thereto ; and in cafe where they fhall find any private Pipe or other Conveyance, to fearch after and follov/ the fame ; and in cafe the fame fhall lead into any Ground, Houfe, Outhoule or Place, in the Poffeffion of any other Perfon .or Perfons, on like Re- queft, and with a Conftable, to enter into the fame, and break open the Ground, or any Part of the Houfe or Houfes, if Occafion fhall be, to follow fuch private Pipe, in order to find out and difcover fuch private Vol. III. , 4 L and
 * when he fhai! be thereunto required, every fuch Perfon fo making Default, fiiall forfeit and lofe the Sum of