Page:Ruffhead - The Statutes at Large - vol 5.djvu/492

 446 3 Geo. i. c. $. Overfeers to be chtifen annually. Acompleat State of the Monev anting' by this Act, when to be made. Notice to be given by Bi ewers importing Beer, JEnglifh or Fo- reign Ale how to be imported. Ale, &c. for private Ufe not fubjeft to Dutj. C. 14. Anno nonoGEORGii Regis. A. D. 1722, ' XXIII. And whereas by the faid Aft of the third Year of his prefent Majefty's Reign, certain Over- ' feers were to be named the fecorid Tuefday of the Month of June every Year, to overfee and control the ' Management of the faid Magiftrates and Council concerning the faid Duty ;' Be it further enacted by the Authority aforefaid, That the faid Overfeers named the fecond Tuefday of the Month of June laft, mall be and continue Overfeers of the faid Duty or Impofition by this Act granted and continued, till the fecond Tuefday of June next, and upon that Day, and fo forth annually upon every fecond Tuefday of June every Year, Overfeers mail be chofen and named, as in the faid laft_ recited Act is mentioned, who, together with the CommiiTioner to Parliament from the four Shires of Edinburgh, Haddington, Lin- lithgow and Fife, mail be and continue Overfeers, with the fame Powers, and to the fame Purpofes, as by the faid laft recited AcT: is more particularly mentioned- XXIV. And be it further enacted by the Authority aforefaid, That the Magiftrates and Council of the faid City for the Time being, fhall upon the third Tuefday of the Month of July which mail be in the Year of our Lord one thoufand feven hundred and fixty-one, make a full, compleat, and perfect State of all the Money that fhall have been then arifen, by and from the faid Duty or Impofition hereby granted and continued, and of all Sums of Money laid out, from time to time, for the feyeral Purpofes in this Act mentioned, and of what Debts fhall be then owing upon the Accounts aforefaid, that it may there- by appear, if there remains any Overplus ; and in cafe there fhall be any Overplus, it is hereby direfted to be laid out by and with the Approbation of the Overfeers for the Time being, according to the Di- rections by this AcT laid down and made. ' XXV. And whereas by the faid recited Act of the third Year of his prefent Majefty's Reign, a Li-
 * ' berty is given to the Perfons, not fubjected to the Payment of this Duty, to import Ale and Beer into

4 the City',, upon Payment of the faid, Duty for the Ale and Beer imported only; and whereas that has ' been a great Difcouragement to the' Brewers fubjected to the Payment of the faid Duty, and has been. ' the Occafion of great Frauds, and fhould it continue, might in great Meafure fruftrate the good De- ' fign and Intention of this AcT:' Be it therefore enacted by the Authority aforefaid, That the faid Li- berty and Claufe in the faid Act, fhall be and is hereby repealed ; and that after the firft Day of July one thoufand feven hundred and twenty-three, it fhall not be lawful for any Brewer or Seller of Beer or Ale, who is not fubjected to the Payment of this Duty or Impofition for all he fhall Brew, to import or fell any Beer or Ale into the faid City, Suburbs, or Liberties thereof, or into the laid Paroches of Saint Cuthberts, Canon-gate, or South and North Leith, or any Part thereof, unlefs he or fhe do previoufly give Notice to the Magiftrates of Edinburgh, or to their Collector of the faid Duty, at their Office in Edin- burgh, and agree to be fubjected to and charged with the Payment of this Duty, for all the Drink he or fhc brews, in the fame Manner that Brewers, fubjected by this Act to the Payment of this Duty, are made chargeable therewith ; and that any Brewer or Brewers, who fhall import or fell any Ale or Beer into the faid City, Suburbs, or Liberties thereof, or into any Part of the faid Paroches of Saint Cuthberts, Canon-Gate, South and North Leiths, without having given iuch previous Nonce, and agreed as aforefaid, fhall be charged with and liable in the Payment of the faid Duty for all Ale and Beer brewed by him or her, during the twelve Months immediately preceding his or her committing fuch Offence, and in all Time coming, during the Continuance of this AcT, in the fame Manner that the Brewers, by this Act fubjected, are made liabie for the Payment of the fame. XXVI. Provided always, That this Act fhall not extend, or be conftrued to extend, to prevent or pro- hibit the Importation of Englifh or Foreign Ale or Beer into the faid City, Liberties, and Suburbs there- of, or into the faid Parifhes of Saint Cuthberts, Canon-Gate, South and North Leith, but that it fhall and may be lawful to import the fame into the Places aforefaid, upon Payment of the Duty at prefent payable for the fame. XXVII. Provided alfo, That this Act fhall not extend or be conftrued to extend Jo prevent or hinder any Perfon refiding in the faid City, or any other Place, fubjected to the Payment of the faid Duty, who is not a Brewer or Seller or Retailer of Ale or Beer, from brewing, or from importing Ale or Beer for the Ufe of his own Family only, but that it fhall and may be lawful for fuch Perfon to brew or import Ale or Beer for the Ufe of his own Family only, without paying the faid Duty for the fame; any Thing in this Act or any other Statute to the contrary notwithftanding. ' the Magiftrates and Council with the Confent of the Overfeers, may borrow any Sum or Sums of Mo- ■ ney for fulfilling the Purpofes thereof, and fubject the Duty aforefaid, as a Security for Payment of ' fuch Sums to be borrowed ; and it being meant and intended by this Act, that Provifion fhould be made ' from the Money arifing from the faid Duty, or Impofition hereby granted and continued, for Payment ' of the faid City's Debts, which hath been borrowed in Purfuance of the faid recited Ace of the third ' Approbation of the Overfeers, as a Charge upon the Duty thereby continued, or which may be bor- ' rowed on or before the firft Day of July next, with the Approbation of the faid Overfeers, or which ' may be borrowed in Purfuance of the Powers given by this prefent Act: And whereas the Monies to be ' collected annually by the faid Duty, may not raife fuch a Stock or Sum of Money, as may be fufficient ' be neccfiary after the firft Day of July one thoufand. feven hundred and twenty-three, to borrow a Sum. ' or Sums of Money to carry on the Purpofes aforefaid, but it being likewife reafonable to reftrain the ' faid Magiftrates and Town Council of the faid City for the Time being, from and after the firft Day of ' July one thoufand feven hundred and twenty-three, from borrowing very large Sums of Money, and Authority
 * XXVIII. And whereas by the in Part recited Act of the third Year of the King it is provided, That
 * Year of his prefent Majefty's Reign, or hath been enlilted among the Debts of the faid City, with the
 * for the fpeedy and effectual carrying on and finifhing the Defigns aforefaid, and that it therefore may
 * thereby increafing too much the Capital Debts of the faid City :' Be it therefore further enacted by the