Page:Ruffhead - The Statutes at Large - vol 5.djvu/463

 A. D. 1722. C. 1 — 3. 41 7 Anno Rcgni GEORGII Regis Magna; Britannia", Franciae 6c Hibernian, nono. ' A T the Parliament begun and holden at Wrjlminjier the ninth Day of OlJoberj Anno Domini one ' IX thoufand (even hundred and twenty-two, in the ninth Year of the Reigaol bui Lord ' GEORGE, by the Grace of God* of Great Britain., Ei arice, and belaud, King, Defender of the Faith, ' fcfV. being the firft Seffion of this prefent Parliament.' c a p. r. An Act to impower his Majefty to fecure and detain fuch Perfons as his Majefty fhall fafpect arc confpi- ring againft his Perfon and Government, E X P. C A P. II. An Ad for granting an Aid to his Majefty by a Land-Tax to be raifed in Great Britain, for the Service of the Year one thoufand feven hundred and twenty-three, E X P. zs. in the Pound. CAP. III. An A£t for continuing the Duties on Malt, Mum, Cyder and Perry, to raife Money by way of a Lottery, for the Service of the Year one thoufand feven hundred and twenty- three. ' XXXV. AND whereas by an Acl of Parliament, made in the twelfth Year of the Reign of her Recital of Part £_ late Majefty Queen Anne, for granting to her Majefty Duties upon Malt, Mum, Cyder of 12 Arm. flat. ' mages fuftained by the Proprietors of Malt, funic or call: away in any Veflel or Lighter, on Tranfpor- «> nc "ningMjir, ' tations from one Part of this Kingdom to another, or burnt or damaged by Fire; which Provifions have mage( j & c- rity aforefaid, That from and after the twenty-fifth Day of March one thoufand feven hundred and twenty- Fuither Relief three, and after the Duties by the faid recited A£f impofed on Malt, and hereby continued, are paid by for Proprietors of the Malfter or Maker of Malt, if any Quantity of Malt fhall unfortunately happen to be deftroyed or da- J^ alt > &c - loft > maged by Fire, or fhall perifh or fhall be damaged by the calling away of, or by any inevitable Accident ^"[nTranf '" happening to any Barge or Veflel, in which the faid Malt fhall be tranfporting or tranfported from any tat j' on f t lmonl~ Part of this Kingdom to another, or put on board for that Purpofe, it fhall and may be lawful to and for Pauoi'theKing- the refpective Proprietors of fuch Malt to make Proof thereof on Oath of one or more credible WitnefTes, dom to another, of the refpedHve Malfters, Makers or Owners thereof, having paid the faid Duty, either before the Ju- &Cl ftices of the Peace of the County, Riding or Divifion where fuch Malt was loaded or put on board, or made or kept at the Time of fuch Lofs or Damage happening, or next adjoining to the Place where fuch •Accident fliall happen, at their Quarter-Seffions, or before the Commiffioners of the Duty of Excife for the Time being or the major Part of them, who are hereby feverally and refpeclively impowered, in Cafes where Proof fhall be made that fuch Malt was intirely loft or totally deftroyed, and that the Duties thereof were paid, to grant a Certificate thereof, and of the Amount of the Duty of fuch Malt fo loft or deftroyed; upon producing of which Certificate to the Officer appointed to collecl: the faid Duty, he fhall be obliged to repay or allow to the faid Proprietor or Proprietors of the faid Malt, out of the Duties ari- fing by Malt, fo much Money as the Sum certified to have been paid for the Duty of the Malt fo loft or deftroyed fhall amount unto; and in Cafes where the Malt fhall not be totally loft or deftroyed, but damaged only, they the faid Juftices and Commiffioners, in fuch Cafes, are hereby refpectively impower- ed, upon Proof of fuch Damage and of Payment of the Duties, to determine and fettle the Quantum of fuch Damage, and to give a Certificate under their refpeflive Hands and Seals of the Sum allowed for and -in refpecf of fuch Damage; which Allowance, where the Malt is fo damagtd only, fliall bear the fame Proportion to the whole Duty of the Malt fo damaged, as the faid Damage fhall appear to bear to the Va- lue of the faid Malt before it was fo damaged; which Certificate being produced to the Officer appointed to collecl: the faid Duty, he fhall be obliged to repay or allow to the faid Proprietor or Proprietors of the faid Malt fo damaged, out of the Duties arifing by Malt, fo much Money as the Sum certified as afore- faid, fhall amount unto. Perfons fufrain- XXXVI. Provided always, That the Perfon or Perfons who fliall have fuftained fuch Lofs or Da- in 5 L » ls '. te. , » mage or their Agent or Agents, fhall give or leave Notice thereof in Writing with the Collector of the rjoiiefror'&a" Excife of the Divifion or Collection next adjoining to the Quarter-Seffions of the Juftices of the Peace, to f ix Da s at leafl which fuch Perfon or Perfons intend to apply for fuch Allowance or Certificate, or to the Solicitor of before Qna.tcr- and for the Excife, of fuch Lofs and Damage, and Intentions to apply to fuch Juftices or Commiffioners', Seffions, &c for an Allowance in refpeft thereof, fix Days at leaft before the Beginning of fuch Quarter-Seffions or anJ appiy torRe- Application to fuch Commiffioners; and fliall apply for fuch Relief in the Premifles, within one Month M ont h after after Lofs or Damage happening. Lofs,«.-c, XXXVII. Provided alio, That after any of the faid Juftices or Commiffioners iliall have once ex- L<jfl'ts, Sec. af- amined and afcertained fuch Lofs or Damage, the fame fliall never after be examined into by any other of «rt«incd byja- the faid Juftices or Commiffioners. fiicfs : n " [ L c - ^ ^ examined by any Vol. V, Hhh "Monies ' 11 "'
 * and Perry, and for other Purpofes therein contained, feveral Provifions were made for Allowance for Da- '• c - *■/■ *4-
 * not proved fufficient to anfwer the Intentions of the faid AcT:;' Be it therefore further enacted by the Autho-