Page:Ruffhead - The Statutes at Large - vol 4.djvu/650

 598 Stat. I. Anno duodecimo An n ^ Reglnas. A. D. 1713. An Allowance of 10 Bufhels in 20 on a Floor Gage, '.pi^d; lofe the Simi7of two Shillings and fix Pence for every Bufhel of Corn deeping or fteeped, that fhall be fopreiTed., trodden, rammed, or forced; any Thing herein or in any former Aft or A£ls contained to the •contrary iriany wife notwithftanding. AllProffcutions.', XIX. Providcdalways, and be it enafted by the Authority aforefaid. That no Perfon or Perfons fhall be to be within five filed or charged w'lth the Duties hereby granted, unlefs fome Aftion, Information, or Suit be commenced Years. for the fame, within five Years after the fame fhall become due. ' XX. And in Regard the Quantity of Barley, or other Corn or Grain, taken by the Gage in any Ci- ' ftern, Uting-Fat, or other Veffel or Utenfil, wherein fuch Barley, or other Corn or Grain Ihali be found ' Wetting or Steeping, or which fhall be found to have been wetted or fteeped for the making of Malt, is Allowance for ^by this Aft to be charged and returned by the Gager, as fo many Bufhels of Malt :' It is hereby further Malt charged in enafted by the Authority aforefaid. That out of every twenty Bufhels fo charged by the Gager, there fhall tne Uung-Fat, 'Ije an Allowance made to the Maker of fuch Malt fo charged in the Uting-Fat, Ciftern, or other Veflel, wherein the fame fhall be found Wetting or Steeping, as aforefaid, or upon the Floor within thirty Hours after the fame fhall be thrown but of the Uting-Fat, Utenfil, Ciftern or other Veffel, of four Bulliels, and Difference between the Quantity of fuch Corn when it is wet and fwoln, and the Quantity thereof, when ■ ' .. it is converted into Dry Malt; any Thing herein contained to the contrary notwithftanding. Debe'n"?ufes for XXIV'.. And be it enaiSled, That all Debentures for Malt exported upon any former A£t or Acts for lay- Malt unfatisfied, ing Duties upon Malt, Mum, Cyder and Perry, which fhall remain unfatisfied, on the four and twentieth, onzdjuneiiij. Day o( Juric One thoufand feven hundred and thirteen, fliall (in Cafe the refpedfive Commiflioners or Offi- how to be paid. ^^^^ ^f £xcife fliall not have fufficient in their Hands of the Duties granted by the faid former A£ts to fatisfy the fame) be paid and fatisfied out of the Duties arifingby this prefent Aft. XXVIII. Provided always. That if any Barley or other Corn or Grain that hath been fteeped or wet- ted in any Ciftern, Uting-Fat, or other Veflel, fhall, during the Continuance of this Aft, be found work- -jing or growing upon the Floor, before it is put upon the Kiln, in order to be made into Malt, after the faid into Malt, will not anfwer fo great a Quantity from the Floor as from the Ciftern or Fat; is is hereby en- afted by the Authority aforefaid. That out of every twenty Bufliels fo charged upon the Floor, there fliall be an Allowance made to the Maker of the faid Malt, which fhall be gaged and charged upon the Floor, after the fame fliall have been thrown out of the Uting-Fat, Utenfil, Ciftern, or other VeflTel before men- tioned, by the Space of thirty Hours or more, and before the fame fliall be dried, of ten Bufhels, and out of every greater or lefler Quantity a proportionable Allowance fhall be made, in Confideration of the Dif- ference between the Quantity of fuch Corn when it is making upon the Floor, and the Quantity thereof when it is dried and perfeffly made into Malt ; any Thing herein contained to the contrary thereof in any wife notwithftanding. XXX. Provided always, and be it further enafled and declared by the Authority aforefaid. That in cafe any Perfon or Perfons whatfoever fhall export any ground Malt from any Port or Place in Great Britain, to any foreign Parts, the Duties whereof fhall- have been paid or fecured to be paid according to this A61, fuch Perfon and Perfons fhall have the like Drav/back or Allowance out of the Duties on Malt by this Aft granted, as if the faid Malt had been whole, upon Debentures to be obtained, and upon producing Certi- ficates, making Oath, and doing and performing the other Matters and Things herein before prefcribed and direfted, in order to obtain Debentures upon Exportation of Malt for foreign Parts ; yet neverthele{s fuch ground Malt fo exported fhall be computed and eftimated after the Rate of fo many Bufhels of Malt as the fame did contain before it was ground, and no more. XXXI. Provided always, and be it further enafled. That every Gager or other Officer, who fliall be conftituted or appointed to put this Aft in Execution, fhall be and are hereby required to leave a true Co- py of each Gage, and the Quantity thereof, in Writing under his or their Hands, with, or for the faid Maker or Makers of Malt, at the Time of taking fuch Gage upon Demand, under the Penalty of forty Shillings. Concealing Malt XXXV. And it is hereby further enafted by the Authority aforefaid. That if any Maker of Malt fhall, B^fti'? '°^' '^^ '^"'"^g '^'^^ Continuance of the Duties hereby granted, fraudulently hide, conceal or convey any of h^ " '° ' Malt from the Sight or View of the Gager or Gagers apointed to take an Account of the fame, the Per- fon or Perfons offending therein, fliall forfeit and lofe for every Bufhel of Malt fo hid, concealed, or con- ' veyed away from the Sight and View of fuch Gager or Gagers, the Sum of ten Shillings, to be recovered and diftributed, or mitigated, as other Penalties and Forfeitures by this Aft, or by any Law herein referred unto, are to be recovered, diifributed, or mitigated. Perfons aggriev- XXXVII. And be it enacted by the Authority aforefaid, That if either Party think him or themfelves Seflionr&c". prelcnt Act, touching or concerning the Duties hereby granted, or any Penalty and Forfeiture relating to the fame, it fhall and may be lawful to and for fiich Perfon or Perfons, fo finding him, her or themfelves agrieved by fuch Judgment or Order, to appeal from the fatoe to the Juftices aflembled at the next Gene- ral Quarter-SeiTions of the Peace, to be holden for the County, Shire or Stuartry where fuch Judgment or Order fliall have been made ; whjch faid Juftices of^he Peace, or the major Part of them, are hereby im- No Certiorari, por. cred to hear and finally determine the fame ; and no V/rit oi Certiorari fhall be allowed or brought to fet afide any Determination or Order of the faid Juftices. XXXVIII. Provided always, and it is hereby enafted by the Authority aforefaid. That the Party or Par- ties fo appealing, as aforefaid, fliall give Notice in Writing, by the fpace of fix Days next before fuch Seflion (hall be held, as aforefaid, unto the Party or Parties of the other fide, of his, her or their Intention Tiie fame Al- lowance on exj porting ground Malt, as if whole, &c. Gager to leave a Copy of each Gage with the Maker. Appellor to give Notice thereof fix Daj s before Quartei-Sef- fioiis, &c. to bfing fuch Appeal ; and^hat it fliall and may be lawful to and for fuch Juftices or the major Part of " " ' Cofts toeither Party, as they fliall- in their DifcretiOn thffik fit. them, in their Quarter-SeiHons, to aw^ard 3 to
 * ■ -out of every greater or lefler Quantity, a proportionable Allowance fhall be made in Confideration of the
 * three and twentieth Day of June one thoufand feven hundred and thirteen, which when dried and made
 * h ™^y ^P"^^'" agrieved by any Judgment or Order to be given or made by any Juftices of the Peace, in Purfuance of this