Page:Ruffhead - The Statutes at Large - vol 5.djvu/352

 312 C 21. Anno fexto CiEORGti Regis. A, D. 1719. An officer to V. And for preventing of Frauds in the {hipping of Malt for Exportation to Parts beyond the Seas, be appointed anr J afterwards relanding the fame : Be it further enacted by the Authority aforefaid, That from and after at the Pens the f aid f ur and twelU i ei: h Day of June one thoufand feven hundred and twenty, it fb all .and may be law- Ma™ e an U d"w ful to and for the Commiifioners of his Majefty's Revenues of Excife for the Time being, or the major fte it'cieared. Part of them refpectively, from Time to Time, to conftitut-- and appoint one or more Officer or Officers in fuch of the Ports of this Kingdom where any Malt may, is or fha!l be fhipped in order to be exported to Parts beyond the Sea?, with intent to obtain a Drawback or Bounty, not only to fee and attend the meafuring of all Malt which (hall be {hipped or laid on board any Ship or Veflel for Exportation to Parts beyond the Seas, in fuch Port or Ports refpectively, but alfo to continue on board fuch Ships or VeiTels on which fuch Malt {hall be laden or fhipped, until the fame {ball be refpectively cleared their refpective Ports, in order to prevent the relanding thereof. •Reporter to give . VI. And be it further enacted by the Authority aforefaid, That every. Perfon and Perfons who, from 4$ Hours No- anf ] a f t er the four and twentieth Day of "June aforefaid lball intend to {hip any Malt for Exportation ■ti.ee b f*' e Dl! P fnall, by the Space of eight and forty Hours at leaft, before the beginning to {hip or put on board any Forfeiture ofTs" Ship or Veflel any Malt for Exportation, give or fend to fuch 'Officer or Officers, as aforefaid, of the Port per Buftel. or Place where fuch Malt {hall be intended to be {hipped or put on board, Notice in Writing of the par-. C'Kcyr.ir.gMJt, ticular Day, and of the precife Hour of fuch Day when fuch {hipping or putting on board of fuch Maltis &c.fc£f a?tber or (h a ]i ' oe intended to be begun, on pain to forfeit and lofe the Sum of five Shillings for every Bufhel of j-g'o'. i." c'.'-j. aforefaid. 2 Geo. 2. c. 1. S Geo. 2. c. 1. 15 Geo. 2. c. 1. 20 Geo. 1. c. 5. 27 Geo. 2. c. 2. 33 Geo. 2, c. j'fef 7. and fa a-.muetl M>ilt AEti. Obfrruffing _ VII. And be it further enacted by the Authority aforefaid, That if from and after the four and twentieth Officer, forfeits Day of June aforefaid, any Perfon or Perfons whatfoever fhall oppofe, moleft, hinder or obftruct any Of- ficer or Officers of Excife in the due Execution of the Powers or Autborities given or granted to fuch Of- ficer or Officers, by this or any other Act or Acts relating to the Duties of Excife, every fuch Perfon or Perfons fo doing, {ball forfeit and lofe for every fuch Offence the Sum of ten Pounds. Corn fbjcerl to- ' VIII. And for the more effectual preventing the forcing together of Corn, fteeping or fteeped in order cTfleTn'tVpr-. ' t0 the making thereof into Malt, whereby the riflng and fwelling of fuch Corn being prevented and vent rif.ng, for-' hindred, his Majefty is thereby very much defrauded of and in his Duty upon Malt :' Be it further feitl is. 6d. enacted and declared by the Authority aforefaid, That if from and after the four and twentieth Day of June pSrBuflici. aforefaid, any Corn in any Ciftern or Uting Vat, fteeping or fteeped in order to the making thereof into Malt, by any Maltfter or Maker of Malt, (other than Compounders for the Duty on Malt) is or {ball be found fo hard, clofe and compact, as it could not be, unleis the lame had by fome Means or other been forced together to prevent the rifing and fwelling thereof, every Maltfter and Maker of Malt (other than Compounders for the Duty on Malt) where the fame {ball be fo found fhall, in every fuch Cafe, forfeit and lofe the Sum of two Shillings and fix Pence per Bufhel for every Bufhel of fuch Corn, fteeping or fteeped, which fhall be found fo hard, clofe and compact, as aforefaid. .Penalties, now IX. And be it further enacted by the Authority aforefaid, That all Penalties and Forfeitures by this to be lued for. ^q. j m p f e d or enacted, for or on account of the Duty upon Malt, {ball and may be fued for, levied, recovered or mitigated by fuch Ways, Means and Methods, as any Penalty or Forfeiture is or may be fued for, levied, recovered or mitigated, by any Law or Laws of Excife, or by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Weflmin/ier, or in the Court of Ex- chequer in Scotland, and that one Moiety of every fuch Penalty and Forfeiture fhall be to his Majefty, his Heirs and Succeffors, and the other Moiety to him, her or them that fhall inform or fue for the fa'rhf; °" App ej 's t0 ' -X. And whereas upon Appeals to the Jufiices of the Peace, affembled at their refpective Quarter- Scffwns" iiiftices ' feffions, agaip.ft original Judgments duly given by particular Juftices of the Peace, upon Information to rehear upon ' duly exhibited before them for Offences committed contrary to the refpective Acts relating to the re- tlie Merits, c fpective Duties upon Malt, and to the Duties upon Hides and Skins, and Pieces of Skins and Hides, ' tanned, tawed and dreiTed, and upon Velloin and Parchment made in Great Britain, feveral fuch original ' Judgments have at fuch Quarter-feffions been reverfed upon nice and critical Exceptions or Objections to ' the Form or Forms of fuch Proceedings, without proceeding at fuch Quarter-Seffions to re-examine and ' re-hear the Truth and Merits of the Fact or Facts in Queftion between the Parties to fuch Information ' and Informations, to the great O'oftruction of Juflice in fuch Cafes:' For Remedy whereof, Beit enacted and declared by the Authority aforefaid, That the Intent and Meaning of fuch Appeal and Ap- peals was and is, That upon fuch Appeal and Appeals in every and each refpective Cafe, the JufHces aiTembled at fuch Quarter- Seffions refpectively, fhall and do proceed to re-hear, re-examine, and re-con- fider the Truth and Merits of the Fact and Facts in queftion between the Parties to fuch original Judg- ment r.nd Judgments refpectively, and to re-examine the WitneiTes thereto up -n Oath, and that thereupon the (aid Juftices fo afTembled fhall and do finally determine of and concerning the Truth and Merits of the Fact and Facts in queftion between the Parties to fuch Judgment and Judgments refpectively; and if at fuch Quarter-Seffions any Defect or Delects of Form fhall be found in fuch Proceedings before the parti- ™^' rc f if V cular Juftices who gave fuch original Judgment or Judgments, That then and in every fuch Cafe, fuch Form in°iiarti. ^ e ' e( ^ : or Defects of Form {hall and may be rectified and amended by the,Qrder or Orders of fuch culsfrirjuftices. Juftices fo aiTembled at fuch Quarter-Seffions; any Thing herein* or in any other 'Act or Acts contained to the contrary in any wife notwithfbnding. Ceiwning Jrficc 1 if Peace fee fanhef 9 Gee-. 1. c. •;. 5 Gee. 2. c. iS. XI, And
 * , ( '^' ), ' ] r' ( 3 ' Malt which {hall be {hipped or put on board for Exportation, without fuch Notice fo given or fent, as