Page:Ruffhead - The Statutes at Large - vol 3.djvu/704

 648 C. 19. Anno o£lavo & nono Gulielmi III. A. D. 1697, IE Car, 2. e. 23. Claufe repealed. Brewer to de- cSare how much Strong Bser or Ale he intends to malce of each Guile. Penalty. Mi/rn V. I. 336. PenaltyonBrew- crs Servants. TJeer or Ale left may be added in SigluoftheGau- ger. Beer or Ale left and addedto new Guile, Gaugerto charge the fame as new Drink, and Brewer to pay the Duties. Brewers to take up their Pipes, Stopcocks, and Other Convey- ances under Grnund, and flop up the Hole in every Tun, BJtch, &c, Penalty on Brewer keeping fuch I'ipe. ' Beer (hall be carried out and delivered, fuch Gauger or Gaugers Ihall charge and return the whole of ' fuch Guile to be Strong, and fuch Brewer, Innkeeper or Victualler, fhall pay the Duties thereof accor- ' dingly ; and in cafe fuch Brewer, Innkeeper or Victualler, or their refpeCtive Servants, after fuch Dccia- ' ration made, fhall make any Increafe of their Strong Beer or Strong Ale, fo declared as aforefaid, by any ' Ways or Means whatfoever, fuch Increafe (hall be deemed and taken to be and proceed froiTi mixing ' ' Small Beer with Strong Beer, or Strong Ale, and fuch Brewer, Innkeeper or Victualler, fliali forfeit and ' lofe, for every Barrel fo increafed, the Sum of forty Shillings, and fo in Proportion for a greater or lefTer ' Qviantity, over and above the Penalties already impofed for mixing Small Beer with Strong : And v,-hereas ' it is found by Experience, that it is inconvenient to the Brewers within London, and the weekly Bills of ' recited is required ;' Be it therefore enaCted by the King's moft Excellent Majefly, by and v/ith the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament af- fembled, and by the Authority of the fame. That from and after the Tenth Day of April in the Year of our Lord one thoufand fix hundred ninety-feven, the faid Claufe, and every Thing therein contained, fhall be and hereby is repealed and made void to all Intents and Purpofes whatfoever. ' II. And for the more elFeCtual preventing the Frauds of the Brewers, which are now frequently prac- ' tifed, by mixing Small Beer with Strong ;'^e it enaCted by the Authority aforefaid. That every common Brewer, who after the faid tenth Day of April fhall brew or make any Guile of Beer or Ale, fhall de- clare to the Gauger or Gaugers appointed to gauge and take an Account of the fame, how much Strong Beer or Strong Ale he intends to make of fuch Guile, and alfo how much Small (if he intends to make any Small) before any Part of fuch Guile is cleanfed or removed out of his Tuns ; and in cafe any fuch Brewer, or his refpeCtive Servants, brewing or making fuch Guile of Beer or Ale, fhall refufe to make fuch Declaration as aforefaid, fuch Gauger or Gaugers fhall charge and return the whole of fuch Guile to be Strong, and fuch Brewer fhall pay the Duties thereof accordingly, and fhall alfo forfeit and lofe, for every Barrel of Beer or Ale contained in fuch Guile, the Sum of twenty Shillings ; and in cafe fuch Brewer, or his refpeCtive Servants, after fuch Declaration made as aforefaid, fhall make any Increafe of the Strong Beer or Strong Ale fo declared as aforefaid, by any Ways or Means whatfoever, or in cafe fuch Gauger or^ Gaugers fhall find any Beer, Ale or Worts, of the fame Guile laid ofF, over and above the Quantity To de- clared as aforefaid, fuch Brewer fliall forfeit and lofe for every Barrel fo increafed, laid oft', or found over and above the Quantity declared as aforefaid, the Sum of five Pounds ; and the Servant or Servants of fuch Brewer, who were any ways concerned or affifting in making fuch Increafe after the faid Declaration, or in laying off any Beer, Ale, or Worts of fuch Guile, before fuch Declaration made, as aforefaid, fhall alfo forfeit and lofe, for every Barrel fo increafed or laid off, the Sum of twenty Shillings, and in Default of Payment thereof fliall fuffer three Months Imprifonment ; and in cafe upon any Information brought againft fuch Brewer for the Penalties by this ACt impofed for increaflng his Length of Strong Beer or Ale, as aforeiaid, it fhall appear by the Evidence given in Behalf of fuch Brewer, that the Strong Beer or Ale fo declared, as aforefaid, was increafed by adding to or mixing with the fame, any Beer or Ale that was left in the Brewhoufe of a former Guile of his or her brewing, fuch Brewer fhall incur all the faid Pe- nalties, except it be alfo proved by the Oath of one or more credible Witneffes, that the Strong Beer or Ale fo added to fuch Guile, was added to fuch Guile in the Sight and View of the Gauger; the faid Evi- dence, or any other thing to the contrary, in any wife notwithltanding. ' III. And whereas many Brewers having Strong Beer or Ale remaining in their Brewhoufes from the ' Time it was brewed, until the next Guile or Brewing, the Quality of which they frequently alter by' ' mixing with the fame new Small Beer, or old returned Drink, and then add the Beer and Ale fo altered ■ ' to the next Guile, by Means whereof His Majcfty is often defrauded of His Duties of Excife ; Be it therefore declared and enaCted by the Authority aforefaid, That if it fhall appear to the Ganger that the Quality of flich Strong Beer or Ale fo remaining in the Brewhoufe of a former Guile, and added to a Guile of new Drink, as aforefaid, hath been fo altered fmce it was brewed, fuch Gauger flrall charge and return all fuch Beer and Ale fo altered and added to a Guile of new Drink, as if the fame were then originally brewed, and had never been charged before, and fuch Brewer fhall pay the Duties thereof accordingly. ' IV. And Forafmuch as it is found by Experience, that His Majefhy is very much defrauded of his Du- ' ties of Excife by many Brewers, who by private Pipes and Stopcocks under Ground, and other private ' Conveyances, have Communication between their Strong Beer Tuns and their Small Beer Tuns, whereby '. they do privately mix the Small Beerwith their Strong Beer or Ale, and alfo convey their Beer, Ale, or 'Worts, from the Sight and View of the Gaugers appointed to gauge and take an Account of the fame, ' which is alfo prejudicial to other Brewers, who work fair, and pay His Majefty His full Duty ;' Be it therefore enaCted by the Authority aforefaid. That every common Brewer, having or keeping any Pipe or Stopcock under Ground, or any other private Pipe, or other private Conveyance in or about his Brew-. houfe, by which any Beer, Ale, or Worts, may be conveyed from one Tun or Brewing Veffel to another, or out of any fuch Tun or Brewing Veffel into any other Place, fhall before the eight and twentieth Day oi April one thoufand fix hundred ninety-feven, take up, or demolifh every fuch Pipe, Stopcock, and - other private Conveyance, and fhall alfo ftop up every Hole in every Tun, Batch, or Float, by which any Beer, Ale, or Worts, may be conveyed into or out of fuch Tun, Batch, or Float, or any of them ; and that no common Brewer, from and after the faid eight and twentieth Day of April,, fhall have or keep any, fuch Pipe, Stopcock, or other private Conveyance, by which any Beer, Ale, or Worts, may be conveyed, from one Tun or Brewing Veffel to another, or out of any fuch Tun or Brewing Veffel into any other Place, nor fhall have or keep any Hole in any fuch Tun, Batch, or Float, by which any Beer, Ale, or Worts, may be conveyed into or out of fuch Tun, Batch, or Float, or any of them, on Pain to forfeit for every fuch Offence the Sum of one hundred Pounds. V. And
 * Mortality, and impracticable to the Brewers, Innkeepers and Victuallers in the Country, to keep their
 * Strong Beer in their Tuns until their Small Beer is carried out and delivered, as by the Claufe abovs