Page:Ruffhead - The Statutes at Large - vol 7.djvu/393

 A. D. 1751. Anno vicefimo quarto Georgii II. C. 40. 373 XXI. And for the Encouragement of the Exportation of Spirits, drawn or made in Great Britain, from the Materials aforefaid, or any of them; Be it er.aiSted by the Authority aforcfaid,'That from and after the Drawback of the faid firfl: Day of July one thoufand feven hundred and fifty-one, there fhall be a Drawback or Allowance ^^""^" orutlon of the feveral andVefpeftive Duties charged by this Aft, on fuch Spirits fo drawn or made in Great Britain, oKSdnts made which {hall be exported to Parts beyond the Seas ; and upon Oath being made before any two or more of inCrcatBritaia, the Commiffioners of Excife, or Jull:ices of the Peace for the County or Place from whence any fuch Spi- rits are intended to be exported, that the Duties of the fame arc duly entered and paid, and that the fame are exported for Merchandize to be fpent beyond the Seas ; and upon producing a Certificate under the Hands of the Officers of Excife for the Port or Place where fuch Spirits were fiiipped, of the Qi:antities fo fhipped, and that the flhne were fhipped in the Prefence of fuch Officers; the Diflillcr or Diflillers, or other Perfon or Perfons exporting the fame, fhall be allowed or paid back by the Commiffioners of Excife, or their Colledor, for the Port or Place where fuch Spirits Ihall be (hipped off, the feveral Duties charged thereupon by this A£l accordingly. or they fhall be fuch common Brewer, Innkeeper, Diftiller or other Seller of or Dealer in Spirituous Li- ftices rehtirg w' quors, or interefted in any of the faid Trades or Bufineffes, be capable or have any Power to atS, or Ihall t'l^ DiftiHery. be diredlly or indireftly concerned in aifting as a Juflice of the Peace, in any Matter or Thing whatfoever, which Ihall any ways concern the Execution of the Powers or Authorities given or granted by any Act or A<Ss of Parliament, in any wife relating to Diftillers or Makers of Low Wines, Spirits or Strong Waters for Sale, or to the Duty or Duties impofed upon Low Wines, Spirits or Strong Waters, or any other Kind of Spirituous Liquors whatfoever, or to the granting Licences to the Retailers of Spirituou* Liquors. ' XXIII. And v'hereas it has been doubted whether the feveral Powers, Authorities, Direftions, Rules, ' Methods, Penalties, Punifhments and Forfeitures, Claufcs, Matters and Things which were provided, ' fettlsd, dire£i:ed, eftablilhed or impofed by any A£l or Adis of Parliament made fince the fixth Year of ' his prefent Majefty's R^eign, relating to the felling Spirituous Liquors without Licence, might be law- ' fully exercifed, impofed, infli£led and recovered againft any Perfon for retailing Spirituous Liquors, in ' lefs Quantity than two Gallons, in regard the Qiiantity of Spirituous Liquors which might be lawfully ' fold without Licence, without fubjecling the Seller thereof to be deemed a Retailer of Spirituous Li- ' quors, is different in the faid Aft of the CxteenthYear of his prefent Majcfty's Reign, from that in "^ ^'^- -■ '• *• ' the feventeenth Year of his faid Majefty's Reign, (intituled. An Act for granting to his Majejly the Sur-'^'^^'^"^^'"'^- ' plus or Retnainder of the Monies arijen or to arife by the Duties on Spirituous Liquors, granted by an Act of the ' Liquors; atid for ejlahli/hing an Agree7nc?it with the United C'jmpany of Mercbtmts of Y,ngin6, traditig to the ' Eail-Indies ;') Now in' order to put an end to fuch Doubts, Be it enafted and declared. That all and ThePower9 anj- every the Powers, Authorities, Direftions, Rules, Methods, Penalties, Punifhments and Forfeitures, ^™^'""'*"^- Claufes, Matters and Things, provided, fettled, dircfted, eftablifhed or impofed, by any Aft or Afts J^'^J ^^j/ j-i'^Ji. of Parliament made fince the fixth Year of his prefent Majefty's Reign, relating to the felling Spiri- 6 Geo. 2. re- tuous Liquors without Licence, (except the forfeiture or Penalty of one hundred Pounds impofed by an 'atingt'ithe fd- Aft of the ninth Year of his prefent Majefty's Reign, intituled. An Act for laying a Duty upon //^ TJt'- |'?s Spnituous toilers of Spirituous Liquors ; and for licenfinv the Retailers thereof,) may for the future, and from the Time p^''"'"',"' of the "Commencement of the faid Aft of Parliament, made in the feventeenth Year of his prefent Ma- jefty's Reign, might have been lawfully exercifed, praftifed, applied, ufed, impofed, inflifted, Lvied and 10 be in Force, recovered, in regard to all and every Perfon and Perfons that have offended, or fhall oftend againft the faid Afts of the fixteenth and feventeenth Years of his faid Majefty's Reign, or this Aft, or any or either of them, in like manner as they might have been, in relation to Perfons ofl:"ending againft the faid feveral and refpeftive Afts, or any of them, made fince the fixth Ye;.r of his faid prefent Majefty's Reign. ' XXIV. And whereas by a Claufe in an Aft of Parliament palled in the ninth Year of his prefent 9 ^'^°' ^* "^-^'S' ' Majefty, (intituled. An Aci for laying a Duty upon the Retailers of Spirituous Liquors, and for llcenfmg ' the Retailers thereof) it is enafted. That nothing in the fame Aft: contained fhould extend to enable ' any Perfon to fell any Spirituous Liquors or Strong Waters by Retail, unlefs fuch Perfn be firft li- ' cenfed by two or more Jufticts of the Peace for the County or Place where fuch Perfoji fhould fell the ' of two Shillings and fix Pence, and no more, fhould be p.;id to the Clerks of fuch Juftices, and ' no Fee or Sum of Money, or other Reward whatfoever, to the Clerk or Cleiks of the Peace for en- ' tering the fame, or on any oth^r Account, on Pain of forfeiting five Pounds, in cafe any of the faid ' Juftices Clerks, or any Clerk of the Peace, fhould afli or receive any Fee, other than as above, on ' account of fuch Licences; And whereas by another Claufe in an Aft of Parliament palTcd in the '"^ '-''=°- -■ '• ^- ' fixteenth Year of the Reign of his prefent Majeft}', (intituled, An Ait for repealing certain Duties on ' Spirituous Liquirs, and on Licences for retailing the fame ; and for laying oth:r Duties en Spirituous Li- ' quors, and on Licences to retail the faid Liquors) the faid firft-recited Aft is in part repealed; and fome ' lings and fix Pence each, be repealed or not, the Clerks of Juftices of the Peace, in many Parts of this
 * la/i Scjjion of Parliament ; and for explaining and amending the faid Ail, in relation to the Retailers of fuch
 * faid Liquors, under the Hands and Seals of the faid Juftices ; for which Licence or Licences the Sum
 * Doubts having arifen, whether the faid firft-recited Claufe, limiting the Fees far Licences to two Shil-
 * Kingdom, have taken larger f-ecs for fuch Licences, contrary to the Iiuentiou of the I'ai-d Aft: And"
 * ■ whcrv'us