Page:Ruffhead - The Statutes at Large - vol 5.djvu/354

 3*4- C. 21. Anno fexto Ge org i i Regis. AeD. 1719. Gffker to give the Sdkf Cer- tificates of the Quantity of Brandy fold, &c, and that the Duty has been paid, &c. No Brandy, &c. exceeding a Gal- lon, to be remo- ved without a Permit. Who (hall be deemed Sellers of Brandy, Penalties how to be fued for, &c. After 1 Aug. 3720, how Bran- dy feized fhall be fued for and con- demned. Farther Provi- . lions relating •hereto, 8 Ceo. I c. 18. left. 17. XVI. And be it further edited by the Authority aforefaid, That from and after the faid firft Day of Au- gujl one thoufand feven hundred and twenty, where any fuch Brandy, Arrack, Rum, Spirits or Strong Waters as aforefaid fhall afterwards be fold in the faid entred Places, or any of them, in great or fmall Quantities, the Officer or Officers of Excife of the refpective Divifions or Places where the fame fhall be fo fold, fhall be obliged, and are h.reby required from Time to Time, upon the Requeft of the Seller or Sellers thereof (without Fee or Reward) to give to the refpecTtive Buyers thereof Certificates in Writing figned by the faid refpecfive Officer or Officers, expreffing the Quantities fo fold, and theJName and Names of the refpe£five Buyers and Sellers thereof, and that the Duty of fuch Brandy, Arrack, Rum, Spirits and Strong Waters fo fold has been paid, or that the fame hath been condemned as forfeited, or was Part of fuch Stock as aforefaid, to fatlsfy the Officer or Officers of the Excife of the refpective Divifions to which the fame is intended to be carried, that the Duty thereof has been paid, or that the fame had been fo con- demned, or was Part of fuch Stock, that the feizing thereof may thereby be prevented. XVII. And be it further enacted by the Authority aforefaid, That from and after the faid firft Day of Augnji one thoufand feven hundred and twenty no Brandy, Arrack, Rum, Spirits or Strong Waters, ex- ceeding the Quantity of one Gallon, fhall be removed or carried from any Part of this Kingdom to another, by Land or by Water, without fuch Permit or Certificate from fome or one of the Officers of his Majefty's Culfoms or Excife, iignifying and certifying the Quality and Quantity thereof, and that his Majefty's Du- ties chargeable thereon have been duly paid and fatisfied, or that the fame had been condemned, or was Part of fuch Stock as aforefaid, on Pain of forfeiting the Brandy, Arrack, Rum, Spirits and Strong Wa- ters which fhall be found carrying from one Place to another without fuch Permit or Certificate, together with the Calks and Veffels whatfoever containing the fame. XVIII. And be it further enacted by the Authority aforefaid, That from and after the faid firft Day of Augujl one thoufand feven hundred and twenty all and every Perfon or Perfons whatfoever, who fhall have in his, her or their Cuftody any Brandy, Arrack, Rum, Spirits or Strong Waters, exceeding the Quantity of fixty-three Gallons, fhall be deemed and taken to be a Seller of and Dealer in Brandy, Arrack, Rum, Spirits and Strong Waters, and fubject to the Survey of his Majefty's Officers of Excife. XIX. And be it further enatted by the Authority aforefaid, That the Penalties and Forfeitures by this Act given for or on Account of any Brandy, Arrack, Rum, Spirits, Strong Waters or Sweets herein after- mentioned fhall and may be fued for, recovered and levied or mitigated by the fame Ways, Means and Me- thods, as any Penalty or Forfeiture given by any of the Laws of Excife can or may be fued for, recovered" and levied or mitigated; and that one Moiety of every fuch Penalty or Forfeiture (the reafonable Charges of fuing for, recovering and levying thereof being firft deducted) fhall be to his Majefty, his Heirs and Sue- ceffors, and the other Moiety to him or them that fhall feize, inform or fue for the fame. ' XX. And whereas the clandeftine Importation of Brandy, Arrack, Rum, Spirits or Strong Waters ' from Parts beyond the Seas into this Kingdom of Great Britain, is of late become more frequent than ' formerly; and his Majefty's Officers, who ought and do frequently feize fuch Liquors fo clandeftinely im- ' Expence they are forced to be at in procuring the fame to be condemned in his Majefty's Court of Exche- c quer, or other of his Majefty's Courts :' For Remedy whereof, It is hereby provided, enacted and de- clared by the Authority aforefaid, That from and after the faid firft Day of Augujl one thoufand feven hundred and twenty, where any Brandy, Arrack, Rum, Spirits or Strong Waters, Britijh or Foreign, fhall be feized as forfeited by Virtue or in Purfuance of this prefent Act, or of any other Act or Acts of Parliament relating to his Majefty's Revenues of Cuftoms and Excife, or either of them, by any of his Majefty's Officers of the faid Revenues, or either of them, all fuch Seizures (except in every Cafe where the Seizure fhall be made for unlawful Importation, and the whole Quantity of the Brandy, Arrack, Rum, Spirits or Strong Waters, at any one Time for that Caufe feized, doth exceed fixty-three Gallons) fhall and may, in a fummary Way, be proceeded upon, heard, examined into and determined in the Manner hereinafter-mentioned; that is to fay, in cafe fuch Seizures (except before excepted) fhall happen to be made in any Place or Places within the immediate- Limits of the chief Excife-Office in London, the fame fhall and may, in a fummary Way, be proceeded upon, heard, examined into and determined by the Com- miflioners of the Excife for the Time being, or the major Part of them ; and in cafe fuch Seizure (except before excepted) fhall happen to be made in any Place or Places out of the faid immediate Limits of the faid chief Office of Excife in London, then and in fuch Cafe the fame fhall and may, in a fummary Way, be proceeded upon and examined into, heard, adjudged and determined by and before any two or more of his Majefty's Juftices of the Peace refiding near to thePlace where fuch Seizure or Seizures fhall be made; which faid Commiffioners and Juftices of the Peace refpectively, within their refpective-Jurifiicfions, fhall be and are hereby authorized and impowered to caufe the respective Perfon or Perfons, in whofe Cuftody fuch Bran- dy, Arrack, Rum, Spirits or Strong Waters fo to be feized as aforefaid were found at the Time of the Sei- zure thereof, to be fummoned to appear before them at a certain Time and Place to be prefixed by the faid Commiffioners of Excife and Juftices of the Peace reflectively, who are hereby fully authorized, impow- ered and required, upon the Appearance or Default of fuch Perfon or Perfons fo to be fummoned, to examine into the Caufe of fuch Seizure or Seizures, and thereupon to proceed to give Judgment for the Condemna- tion of fuch Brandy, Arrack, Rum, Spirits or Strong Waters fo feized (except before excepted) as upon ■due Examination fhall be found to be forfeited by Virtue of this Aft, or any other Act or Acts of Parlia- ment relating to his Majefty's Revenues of Cuftoms or Excife, together with the Cafks and ether Veffels whatfoever containing the fame, and to iffue out their Warrants for the Sale of fuch Brandy, Arrack, Rum, Spirits of Strong Waters, as fhall be fo by them reflectively condemned, and of the Cafks and other Veffels whatfoever containing the fame ; and fuch their respective Judgments fhall be and a"re hereby de- clared to be taken and adjudged to be good, valid and effectual in the Law, and final to all Intents and-Pw- . - 3 poles
 * ported, are under great Difcouragements.in the Performance of their Duty therein, in the Trouble and