Page:Ruffhead - The Statutes at Large - vol 7.djvu/676

 656 C. 2 2. Anno vicefimo nono Georgii II. A. D. 1756. 20 ?. Penally on XVII. And !n order to prevent frivolous and vexatious Appeals, be it further ena<5ted by the Au- fV.v^lous''^'""^'^ thority aforefaid. That it (hall and may be lawful to and for the Jultices of the Peace at the laid Quar- ter-Seifions or Adjournment thereof, if they (hall judge any Appeal from any Convidion to be fri- volous and calculated for Delay, to award, order and direcSt the Party appealing, to pay any Sum not exceeding twenty Shillings, over and above the Penalties herein before- mentioned, to be levied and ap- jufes'^to be plied in luch Manner, and to fuch Ufe or Ules, as the faid Juftices fliall diredt and appoint ; and the final. Judgment and Determination of the faid Juftices at the Quarter- Seffions or Adjournment thereof, Ihall in all the Cafes aforefaid, be final and conclufive to all Intents and Purpofes. ' XVIII. And whereas it is expedient that Perfons impowered to grant Licences by virtue of this Adl, ' fliould not be fwayed by Intereft in the Execution of the Powers vtlTed in them ;' Ee it therefore en- Brewers, &c, in aed by the Authority aforefaid. That no Juftice of the Peace or Magiftrate in any Shire, Stewartry, Scotland, iniii- q^ Royal Horough, in that Part of G?-eai Britain called Scotland, who is a Brewer, Malftcr, Diftiller, or Retailer of Ale, Beer, or other excifeable Liquors, or is concerned in Partnerlhip, or otherwife, with any Brewer, Malfter, Diftiller, or Retailer of Ale, Beer, or other excifeable Liquors, at any of the Time or Times when any of the Powers in this Adt are to be executed, (hall adf in any of the Meetings for granting of any Licence or Licences, or fhall convidt or join in any Convidtion, or in the Determination ol any Appeal diredted by this Adt ; and every Juftice of the Peace or Magiftrate who (hall o(fend in any of the Premifles, (hall, for every fuch Offence, forfeit and pay the Sum of (ifty Pounds, to be recovered by any Perfon who will fue for the fame within fix Months after fuch Offence committed, by Adlion, Bill, Plaint or Information, in his Majefty's Court of Exchequer in that Part of Great Britain called Scotland, in which no E(roin, Protedtion, Wager of Law, or more than one Imparlance fliall be allowed ; which faid Penalty of lifty Pounds (hall be paid, one Moiety thereof to the Perfon who fues for the fame, and the other Moiety to the Colledtor of the Cefs for the Shire or Stewartry within which fuch Juftice or Magiftrate has otfended, to be applied for the Re- paration of the Highways or Bridges in fuch Shire or Stewartry, in fuch Manner as the Perfcns, who by Law have the ordering and directing fi.ch Reparations, (hall think proper. XIX. Provided neverthelefs, and be it further enadled by the Authority aforefaid. That nothing in bited to grant Licences or aft in the Execution of this Afl, on Penalty of sol. one Moiety to the Profecutor. the other to Repair the Roads. Licences for M°iita?y°Roads, "^^^'^ ^^ contained Qiall extend or be conftrued to extend to charge any Licence for keeping any Ale- &c. in Scotland^ houfe, Tippling-houfe, Vidtualling-houfe, or Place for the Sale of Ale, Beer, and other excifeable Liquors by Retail, fituated upon or near the King's Military Road or Roads, made or to be made in that Part of Great Britain called Scotland, at the publick Charge, and not being w^ithin any Royal Borough, nor within the Burghs of Dumblain, Muthill, Crief, Dunkeld, or within one Mile of any of the faid Royal Boroughs or Burghs, with any Duty hereby diredted to be paid, levied or received ; but all fuch Licences (liall and may be granted and delivered by the Juftices of the Peace of the refpecVive Shires and Stewartries, where fuch Road and Roads (hall and may lie, upon the Payment of one Shil- ling for each Licence to the Clerk of the Peace of fuch Shire or Stewartry, for his Trouble only ; any Thing herein contained to the contrary in any wife notwithftanding. loi. Penalty on ^^- '^"'^ ^^ ''^ further enadted by the Authority aforefaid. That if any Perfon fhall from and after making out Li- the Feaft of Rafter one thoufand feven hundred and fifty-fix, write, ingrofs or print, or caufe to be written, ingrofled or printed, any fuch Licence tg be granted Ijy Juftices of the Peace as aforefaid, for felling of Aie, Beer, or other excifeable Liquors by Retail, before the Vellum, Parchment or Paper whereupon fuch Licence (hall be ingroffed, written or printed, ihall appear to have been duly ftampt, every Perfon fo o(Fending (hall, for every fuch Offence, forfeit the Sum of ten Pounds, with full Cofts of Suit ; to be recovered in fuch Manner as Penalties by anyformer Laws relating to ftampt Vellum, Parchment or Paper, are diredted to be recovered : And that if any fuch Licence fhall be fo ingrofled, written or printed, contrary to the true Intent and Meaning of this Adf, then and in every fuch Cafe, there fliall be anfwered and paid to his Majefty, his Heirs and Succeflbrs, over and above the Dutv hereby due and payable for every fuch Licence, the Sum of five Pounds, to be applied and paid in fuch Manner, and to fuch Ufes, as the faid Duty hereby granted is applicable and payable ; and thr.t no fuch Licence (hnll be available in Law, or be given in Evidence, or admitted in any Couit, unleis as well the faid Duty hereby charged, as the faid Sum of five Pounds, ftiall be firft paid to the Ufe of his Majefty, his Heirs and SuccelTors, for the Purpofes of this Acl:, and a Receipt produced for the fame under the Hand of the Receiver General for the time being, of the Stamp Duties, or of his De- puty or Ckrk, and until the Vellum, Parchment or Paper, on which fuch Licence is fo ingrolTed, writ- ten or printed, (hall be marked or ftampt according to the Tenor and true Meaning of this Aol ; and that tlie faid Receiver General, or his Deputy or Clerk, fhall upon Payment or Tender of the faid Du- ty payable by virtue of this Adl, and of the faid Sum of five Pounds, give a Receipt for fuch Money ; and that thereupon the other proper Officers (Iiall mark and ftamp fuch Licence, with the proper Mark and Stamp requifite in that Behalf. XXI. And be it further enadled by the Authority aforefaid. That if any Perfon ftiall counterfeit or Felony, ^ii'hout forge any Staiiip or Maik to refemble the Stamp or Mark diredted to be provided by this Ad, or ftiall Clergy. counterfeit or refcmble the Imprefiloii of the fame upon any Vellum, Parchment or Paper, with an Intent to defraud his Majeftv, his Heirs or Succeflbrs, of the faid Duty, or ihall utter, vend, or fell any Velkun, Parchment or Paper, with fuch counterfeit Mark or Stamp thereupon, knowing fuch Mark or Stamp to be counterfeit, or Ihall caufe or procure any Velluin, Parchment or Paper to be ftampt or marked with fuch counterfeit Mark or Stamp, or Ihall privately or fraudulently ufe any Stamp to be provided or ufcd in purfuance of this Adl, with an Intent thereby to defraud his Majefty, his Heirs or SucceiTors, of the faid Duty, or (hall caufe or procure to be forged or counterfeited any Stamp or Mark, to rellmble any Stamp or Mark hereby diredted to be ufed, every Pcrlbn fo olfeiiding, beins^ 8 thereof to beilTiied on Payment of i s, only to the Clerk of the Peace. cences before the fame be ftampt ; and 5I. on ma- king them con- trary to tlie In- tention of this Afl; and the fame to be vacated unlcfs the Duty and Fine be paid, and Re- ceipt produced, and Licence ftampt, &c. Forging: the Stamp, Src,