Page:Ruffhead - The Statutes at Large - vol 4.djvu/50

 4, C. 4" Anno decimo & undecimo GuLiELMi III. A. 0.1699. keep any private Pipe, Stop-cock, or other private Conveyance, by vs^hich any Wafh or other Liquors fit for Diftillation, may be conveyed from one Back or other Veflel to another, or from any fuch Back or other Veffel to his or her Still or Stills, or into any other Place, nor {hall have or keep any Hole in any fuch Back or Waflibatch, by which any Wafli, or any other Liquors fit for Diltillation, may be Penalty on conveyed into or out of fuch Back or Wafhbatch, or any of them : On Pain to forfeit for every fuch Pipe, Stop-cock, Conveyance and Hole, the Sum of one hundred Pounds. Excife Officers IV. And for the better difcovering of all fuch Pipes, Stop-cocks, and other private Conveyances mayfearchfor, aforefaid, be it further enacted, That from and after the faid Eight and tweniisth Day of February, it fuch Pipesj &c, fjjaji ar.d may be lawful to and for the Gaugers and Officers of Excife, or any of them, in the Day-time, and in the Prefence of a Conflable, or other lawful Officer for the Peace (who are hereby required to be aiding and affifring therein) on Requeft firfi: made and Caufe declared, to break up the Ground in any l3iflilling-houfe, or the Ground near adjoining, or any Wall, Partition, gr other Place, to fearch for any fuch Pipe, Stop-cock, or any other private Conveyance ; and upon finding fuch Pipe or other Con- and breakup veyance, to break up the Ground, Houfe, Wall or other Partition or Place, through or into which any the fame. fuch Pipe or other Conveyance ihall lead, and to break up or cut any fuch Pipe or other Conveyance, and to turn any Cock or Cocks, to try and examine whether fuch Pipe or other Conveyance, may or can convey any Wafh or other Liquors fit for Diftillation, out of one Back or Veflel into another, or from any fuch Back or Veffel into any Still or Stills, or into any other Place. In cafe no Pipe V. Provided always, That in cafe upon fuch Search, no fuch Pipe or other private Conveyance fliali be found. Officer be found, fuch Gaugers and Officers of Excife fhall make good the Ground, Wall, Houfe, or other tomakeSatisfac- pj^ce fo broken up, as aforefaid, or make reafonable Satisfaftlon to the Owner or Owners thereof, to be tion 10 Owner, jjjjyjggj ^y Two of the next Juftices of the Peace, whereof one to be of the ^orum ; or the Party in- jured fliall be at Liberty to bring his Action for the Damages by him fuftained ; and what fhall be adjudg- ed by the faid Juftices, or recovered upon fuch AcSion, fhall be paid out of his Majefty's Revenue of Penalty on Di- Excife, by the Commiffioners thereof for the Time being: And if any Diftiller, or any other Perfon or ftiiler obftruft- Perfons whatfoever, fhall oppofe, obftrudl:, or hinder any fuch Gauger or Officer in the due Execution ing Officer. ^£ ^^ Powers hereby given and granted, every fuch Diftiller, and other Perfon fhall forfeit and lofe, for every fuch Offence, the Sum of one hundred Pounds, DiftiUermay VI. Provided neverthelefs and it is hereby .declared. That it fliall and may be lawful to and for any ufe Pipes above Diftiller to keep and make ufe of any Pipe, Stop-cock, or other Conveyance above Ground, which are Ground, publick, and in open View, from one End thereof to the other, for the letting his Wafh out of his pub- lick Coolers into his publick Backs or Wafh-batches, and for conveying his Wafh or Worts out of fuch publick Back or Wafhbatch intohis publick Stills ; any Thing in this A<Sl, or any other Law or Statute to the contrary in any wife notwithltanding. Officer fufpeft- vjj, ^nd be it further enacted by the Authority aforefaid. That in cafe the Gaugers or Officers of ing private Still, g^cife, or any of them, fhall know, or have caufe to fufpedl any fuch private or concealed Still, Back, '' or other Veffel, Spirits, Low Wines, Wafh, or other Materials preparing for Diftillation, to be fet up or kept in any Houfe or Place, and fhall make Affidavit before one or more Juftice or Juftices of the Peace for the County or Place where he fhall fo know or fufpeft fuch private or concealed Still, Back, or other VefiTel, Spirits, Low Wines, or Materials preparing for Diftillation, are or fhall be fo fet up or kept, and fhall in fuch Affidavit declare the Grounds of fuch his Knowledge or Sufpicion, then and in fuch Cafe, it fliall and may be lawful for fuch Officer or Officers, in the Day-time, and in the Pre- , fence of a Conftable, or other lawful Officer of the Peace (who are hereby required to be aiding and af- fifting therein) by Warrant from fuch Juftice or Juftices of the Peace before whom fuch Affidavit fhall be made, to be diredted to fuch Officer or Officers of Excife (which Warrant the faid Juftice or Juftices of the Peace are hereby authorized and required to grant) to break open the Door, or any Part of fuch Houfe or Place, where he or they fhall fo know or fufpeit fuch private or concealed Still, Back, or Vef- fel, Spirits, Low Wines, or Materials for Diftillation are .fo fet up or kept; and to enter into fuch msy feizethe Houfe or Place, and to feize all fuch Stills, Backs, or other VelFels, and' alfo all fuch Spirits, Lovw. lame, feft. Vv'ines, Wafh, or other Materials for Diftillation that fhall be found therein, and to detain and keep the fame in fuch Houfe or other Place where he or they fhall find the fame fo kept private or con- and if not claim- cealed ; and in cafe the fame fhall not, within twenty Days next after fuch Seizure, be claimed by the ed in 20 Days, true and lawful Owner thereof, then the faid Stills, Backs, and other VefTels, Spirits, Low Wines, and ^"'"'^/'"'^"^ Materials for Diftillation fhall be abfolutely forfeited, and fhall and m_ay be fold at the next general Day the faid twenty Days are expired ; one R-loiety of the Proceed thereof (all neceffary Charges being firft - dedufted out of the whole) to be paid to the Ufe of his Majefty, his Heirs and Succeffors, and the other Moiety to the Party or Parties v/ho fhall fo .difcover and feize the fame ; and in cafe fuch Stills, Backs, and other Veflels, Spirits, Low Wines, and Materials for Diftillations, fhall within the faid twenty Penalty on Per- Days be claimed by any Perfon or Perfons whatfoever, the Perfon or Perfons fo claiming the fame, fhall ion claiming forfeit and lofe for every fuch Warehoufe, Storehoufe or other Place, in which any fuch Still, Back, luch Still, ©^c. ^^ pj.j^gj. Veffel fhall be found, and alfo for every fuch Still, Back, and other Veffel found therein, the Sum of two hundred Pounds. If no private Still VIIL Provided always. That in cafe upon fuch breaking open any fuch Door or Houfe, no fuch pri^ be found. Officer vate or concealed Back, Still, or other Veffel, Spirits, Low Wines, Wafh, or other Materials for Diltii- to maiccgiod jation, fliall be found, fuch Gauger and Officers of Excife fhall make good the Houfe or Place fo broken the Damage. ^^p^ ^^ aforefaid, or make reafonable Satisfadtion to the Owner or Owners thereof, to be adjudged by two of the next Juftices of the Peace, whereof one to be of the ^orum ; or the Party injured fhall be at Li- berty
 * " ° ' of Sale, to be appointed by the Commiflioners of Excife, or their Officer or Officers refpeiStively, after