Page:Ruffhead - The Statutes at Large - vol 8.djvu/445

 ■i^ A. D. 1759.' Anno tricefimo tertio Georgii 11. C. 7. 411 Gauger, fuch Malt, and every Part thereof, that then and in every fuch Cafe, every Perfon fo offeudin"-, for every fuch Offence, (hall forfeit the Sum of twenty Pounds; and the Malt which fhall he (o clandeftinely removed or carried away, or fraudulently concealed or hid, fhall be for- ■eited and fliall and may be feized by any Officer or Officers of Excife ; and the Perfon or Perfons and the Perfon, in whofe in whofe Cuftody fuch Malt fhall be found, who fliall not, before the Difcovery thereof, give No- ^^^j'^^^J't^ ^^""^ ^'f"" tice at the next Excife Office, of the Quantity of Malt fo in his, her or their Cuftody, fhall alfo Notice before the^D:f- forfeit and lofe the Sum of twenty Shillings for every Bufhel of fuch Malt. covery, to forfeit alfo zos. per Bufliel. VII. And be it further enacted by the Authority aforefaid. That all and every the Powers, Au- The Powers, &c. in Aft thorities, Diredlions, Rules, Methods, Penalties and Forfeitures, Claufes, Matters and Things, nCar. z. f. 24. and which in and by an Aa made in the twelfth Year of the Reign of King Charles the Second, (in- "j'^'^g^^J^' ^^['"^"S to tituled, Jt2 JSi for taking away the Com't of TFards and Liveries, and Tenures in Capite, and by Knights ^■^^ Dutie? oT'stock In. Service and Purveyance; and for fettling a Revenue upon his Majcjiy in lieu thereof) or by any other Hand on 8 Feb. 1760. Law now in Force relating to his Majefty's Revenue of Excife upon Beer, Ale, or other Liquors, are provided, fettled or eftablifhed, for managing, raifmg, levying, colledling or recovering, ad- judging or afcertaining the Duties thereby granted, or any of them, (other than in fuch Cafes for Exception, which other Penalties on Provifions are made and prefcribed by this A(St) fhall be excrcifed, prac- tifed, applied, ufed and put in Execution, in and for the managing, raifmg, levying, colleAing, recovering and paying the faid Duties upon Malt, which fhall be Stock in Hand on the faid eighth Day of February one thoufand feven hundred and fixty, as fully and efFei5lually, to all Intents and Purpofes, as if all and every the faid Powers, Authorities, Rules, Dire6tions, Methods, Penalties, Forfeitures, Claufes, Matters and Things were particularly repeated, and again enaded in the Body of this prefent A£l. VIII. And be it further ena£led by the Authority aforefaid. That all Fines, Penalties and For- Penalties in relation t» feitures, in relation to the faid Duties upon Stock in Hand, fliall be fued for, levied and recovered, t^e Duties on Stock m or mitigated, by fuch Ways, Means and Methods, as any Fine, Penalty or Forfeiture is or may be mftlgated as h Prefer ibed be recovered or mitigated by any Law or Laws of Excife, or by A6lion of Debt, Bill, Plaint or with refpeft toother Information, in any of his Majefly's Courts of Record at Weftminftci, or in the Court of Seffion Duties of Excife; Court of Jufliciary, or Court of Exchequer in Scotland refpediively ; and that one Moiety of every *"<^ ^o go, one r^oiety to fuch Fine, Penalty and Forfeiture, fhall be to his Majefly, his Heirs and Succeflbrs, and the other *J)'=j^^°'^|lj^^^'*^'^^^°*'^" Moiety to him or them that fhall difcover, inform or fue for the fame. fecutor," °'^'"" °^ IX. Provided always, and be it further enadled by the Authority aforefaid. That if after Payment Like Drawback and Al- of the Duties hereby granted upon Malt which fhall be Stock in Hand upon the faid eighth Day lowance to be made of of February one thoufand feven hundred and fixty, all or any Part of fuch Malt fliall unfortunately the Duties paid for Srock happen to be deftroyed or damaged by Fire, or fhall perifh, or fhall be damaged by the cafting away '" Hand on 8 Feb. in cafe of, or by any inevitable Accident happening to any Barge or VefTel in which fuch Malt fhall ht^'^J^^^^lf^'Xt^^^^ tranfporting or tranfported from any Part of this Kingdom to another, fuch proportional Repay- damaged, as is authorifed ment or Allowance (hall be made to the Proprietors of fuch Malt in refpedl of the faid Duty, as is to be made in the like by an A£t paiTed in the ninth Year of his late Majefty's Reign, for continuing the Duties upon Cafes by Aft 9 Geo. i. 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, authorifed to be made in the like Cafes, with refpe<5t to the Duties thereby granted ; and the Amount of fuch Allowances and Repayments fhall be afcer- tained in fuch Manner, and upon fuch Notices, and under fuch Regulations as arc mentioned in and prefcribed by the faid A£t, and fliall be paid out of the Monies to arife by virtue of this Ad j any Thing herein contained to the contrary notwithftanding. X. And be it further enacted by the Authority aforefaid. That in the gauging or meafuring of Gaugeofthe Eudiel, for Malt for afcertaining the faid Duties on Stock in Hand, the Bufhel herein before mentioned fhall be H^'j^'^'^^f^^l't '" taken and allowed to be of the fame and the like Contents as are mentioned and appointed in and i/rpjoi'^nted^ s A^^^'^ by an Acl made in the twelfth Year of the Reign of Queen Anne, for granting Duties upon la Anna. Malt, Mum, Cyder and Perry, for the Service of the Year one thoufand feven hundred and thir- - teen, with refpecl to the Bufhel therein mentioned. XI. And be it further enacted by the Authority aforefaid. That from and after the faid eighth Malt brought from Scot- Day of February one thoufand feven hundred and fixty, all Malt which fhall, at any Time or ^^.'"to E"gla"=^» after Times, be conveyed from Scotland into England, Wales, or Town of Berwick upon Tweed, fhall be 't ^j^',-^u,^°u ^*' ^^ ^"" brought and entered with fuch Officers, and in fuch Manner, and under fuch Penalties and Forfei- officersl'inlike M^ner tures, to be recovered, levied or mitigated by fuch Ways and Means, and applied to fuch Ufes and and under the like Pe- * I Purpofes, as in and by the faid A6t made in this prefent Seffion of Parliament is mentioned, di- nalties, as is prefcribed reeled and appointed, with refpe6l to Malt brought from Scotland into England, Wales, or Berivick l^y the Malt Ad of this upon Tweed, between the twenty-third Day of June one thoufand {tw^n hundred and fixty and the ^^"'°"» twenty-fourth Day of fune one thoufand feven hundred and fixty-one ; and the Sum of three Pence and to pay 3d. per ^per Bufhel for the Duties thereof, over and above all other Duties and Payments, fhall be paid down Bu/hel, in ready Money to fuch Officers refpedtively, and in fuch Manner as the Duties in the f^id A£l mentioned are directed to be paid upon Malt fo brought from Scotland; unlefs a Certificate from the unlefs a Certificate be proper Officer be produced, that it hath paid the Duty granted by this A£l of one Penny Half- P™""^ °^ '^'^"'"2 penny ter Bufhel in Scotland, either upon or in refpe6t of the making thereof, or as Stock in Hand : |* / ,' *-, "7A"r ■ r 'r r^ • r 1 1 1 r 1 n 11 1 -J 1 t-i TT ir ocotland, in which Cate. and if fuch Certificate be produced, then there fhall be paid no more than one renny Halrpenny to pay only id. zq. per Bufhel, by virtue of this Act, for fuch Malt fo brought from Scotland; on Pain of forfeiting all per Buflid. fuch JVlalt, or the Value thereof, as fliall be landed or put on Shore, or brought into England, G g g 2 Walesy