Page:Ruffhead - The Statutes at Large - vol 4.djvu/132

 (86) C. Anno decimo tertio Oulielmi III. A.D. 1701. If after. Mall is p.-ilffd for F.x- poyiatlon it is t-e- hndcdj ova' snd above the Penally •mug faid Huiy, Provided always, that if after the (hipping of any fuch Malt to be exported, as aforcfaid, a|nd the giving or tendring of iuch Security, as aforefaid, in order to obtain the Allowance or Drawback herein' after mentioned, the Malt fo {hipped to be exported fhall be relimded in any Fart of the faid Kingdom of England, Dominion oi Wales, or Town of Benvlck upon Tweedy that then, and in every fuch Cafe, over and above the Penalty of the Bond, which fhall be levied aiid recovered to his Majefty's Ufe, all the A'lalt v.'hich fnall be landed, or the Value thereof, fhall be forfeited, that is to fay, one Moiety tliereof Df the Bond, the' to the King, and the other Moiety to the Perfon or Perfons that will feize, inform or fue for the fame. Malt is forfeited, to be rccovcrcd a,s any other Penalties by this K& are recoverable. Certifeate to be And be it further enacted by the Authority aforefaid, That any Perfon or Perfons who {hall export any freditcedofba- Malt into foreign Parts (except as aforefaid) fliall produce a Certificate or Certificates from the Colleiior or Officer, who received the Duty of fuch Malt, that the Duty thereof hath been paid, or fecured to be paid ; which Certificate the CoJleftor or Officer is hereby required to give. Proof beiiig made upon Oath that the Duty of fuch Malt hath been paid or fecured to be paid (which Oath the faid Collcftor or Offi- cer is hereby required to adminifter) and alfo making Oath before the Officer or Colleftor of the Port, that the Malt fo exported is the fame mentioned in fuch Certificate, That then the CoUeiSlor or Chief •Officers of the Port where fuch Malt fiiall be exported, fhall give to the Exporter thereof a Certificate or Debenture, exprelhng the true Qviantity of the Malt fo exported, or i]iip(ed for Exportation, which Certificate or Debenture being produced to the Colleelor, or other Officer, appointed to receive the faid Duty in the County or Place where fuch Malt was exported, he is hereby required to pay the faid Duty of fix Pence ^«r Bufliel to the Perfons, or their Agents, fo exporting the fame; and in cafe the Colledlor, or other Officers, fhould not have any Money in their Hands, to pay the fame, then the Comrniffioners appointed for executing of this Ai9:, are hereby required to pay the fame out of the Duties arifing by the laid Act; any Thing iji this Ai5t contained to the contrary notwithftanding. Provided alv/ays, and be it enacted and declared by the Authority aforefaid. That wherever any Perfon or Perfons, Bodies Politick or Corporate, or others, that are charged with the Duty mentioned in this Aft, fhall have fold any Malt to any Perfon or Perfons before the faid ninth Day of March one thoufand feven hundred and one, and not delivered the fame to the Buyer, or contrafted fo to do, that then, and in- every fuch Cafe the Buyer of the faid Malt ihall be obliged to pay to the Seller, the Duty of fix Pence per Bufcel for every Bufliel fo fold, upon Delivery thereof, otherwife {'uch Bargain or Contraft fhall be, and is hereby declared to be void ; any Thing in this A£i: contained to the contrary in any wife not- withilanding. ^^ ■ And be it further enafted by the Authority aforefaid. That where any Rent is referved and payable in Malt, or if payable in Money, and the Sum or Qi^iantity of fuch Rent is to be afcertained by the Price of Malt, and is to increafe juft as much as the Price of Malt doth increafe, it fliall and may be lawful, du- ring the Continuance of this Aft, for the Tenant of any Lands fubjeft to any fuch P<.e;it, to detain, de- .duft and and abate fo much of every fuch Rent as will amount to four Shillings a Qiiarter for every Qiiar- ter of Malt, or the Value of it in Money that is fo referved, and fo proportion ably for any lelTer Quan- tity ; and the Perfon or Perfons, Body Politick or Corporate, to whom any fuch Rent is referved as afore- faid, {liall upon the Receipt of the Refidue of any fuch Rent make an Allowance of fuch Deduftions as aforefaid, and the Tenant be difcharged, as if fuch Payment had been made without any Deduftion or Abatement v/hatfoever. Provided always, and be it further enafted by the Authority afore{aid. That from and after the faid Malt fold before .9 Ma'ch 1701, and not delfjeredi •Buyer to fay Sel- ler dd. fer iSi'foei. ^ettt pGyohJe iv Malt, Tenant to deduct 4 s, ^er Malt Imported from .beyond Sea foffetted. ninth Day oi March one thoufand feven hundred and one, during the Continuance of this Aft, no Malt fliall be brought or imported into this Kingdom of Et/gltmd, Dominion of Wales, or Town of Berivick X)imeft^ons ef filait defirofed by ySrt er }'} 'ater^ upon Tzvccd, from any foreign Part or Parts beyond the Seas, upon Pain of Forfeiture of the Malt fo im- ported, or the full Value thereof, one Moiety to the King, and the other Moiety to fuch Perfon or Per- fons as fnall feize, inform, or fue for the fame, by Aftion of Debt, Bill, Plaint or Information, wherein no Efibin, Proteftion or Wager ef Lavv^, or any more than one Imparlance fliall be allowed. And to the End all his Majelly's Subjefts may know the Content of the TVincheJicr Bufhel, whereunto this Aft refers, and that all Difputes and Dirtercnces about Meafure may be prevented for the future, it is hereby declared, Th'at every round Bufhel, with a plain and even Bottom, being made eighteen Inches and an Half wide throughout, and eight Inches deep, fliall be efleemed a Legal JVincheJhr Bufhel, accor- ding to the Standard in his Majetty's Exchequer. And whereas feveral Perfons making and dealing in Malt, are fubjeft to many Hazards and Inconveni- ences, as well b5'- Fire as Vv^ater ; Be it therefore further enafted by - the Authority aforefaid. That from and after the ninth Day of ATurch one thoufand feven hundred and one, and after the Duty by this Aft impofed on Malt is paid, or lecured to be paid by the Malfter, if any Qiiantity of Malt fhall unfortu- nately happen to be deflroyed by Fire, by the burning of the Malt-houfe, Granary, or other Place where t>,e fame fliall be made or kept; or {lull periili by Water, by the carting away of the Barge or VelTel in which the laid Malt fliall be tranfported from any Part of this Kingdom to another, it fliall and may be lawful for the Proprietor or Proprietors of fuch Malt, fo perifhing as abovefaid, to make Proof thereof by aiOath that Duty two credible Vv'itnefTesupon Oath, and of his or their having paid or given Security to pay the faid Duty before the Juftices of the Peace of the Couiity, Riding or Divifion where fuch Accident fhall happen, at the next General Quarter-Seffions to be held lor iuch County, Riding or Divifion, (who are hereby im- powered to give Certificate under their Hands and Seals of fuch Lofs) upon producing of which Certifi- /;ate to the Officer appointed ,to colleft the faid Duty, he flial] be obliged to repay or allow to the faid Pro- prietor .f^vas^iitdj Spcer to r^esy Pi'y.