Page:Ruffhead - The Statutes at Large - vol 8.djvu/446

 412 C. 7. Anno triccfimo tertio Georgii II. A. D. 1759. Wales, or the Town of Berwick upon Tweed, without fuch Entry or Payment of the Duty afore- faid : Which p'orfeiture (hall be recovered and applied in fuch Manner as any p'orfeiture is directed or authorifcd, by the fiiid A£t made in this prefent SeiTion of Parliament, to be recovered and applied. No Allowances, Aba'e- XII. Provided always, and be it further enacled by the Authority aforefaid, That during the ments or Additions to be -pjj^g that any Dutics, Other than the Duties granted by this Aft, fliall be payable for or upon mane to Malfteis, &c. in i»^ . n ■' ^ Z,, u ..r /i ii i i .. c c • r n r > ta refpea of the Duties Malt, no raynient or Allowance whatloever Inall be made out or, or for or in n.fpcdt of the Du- granted by this Aa, ties hereby granted, to any Malller, Maker of Malt, or other Perfon, in Confideration of any ex- other than fuch as are traordinary Charges for Warehoufes and Storehoufes for locking up of Malt entered or' made for allowed in the liice Cafes Exportation, or for the feveral Admeafuremcnts thereof; nor fliall any Allowance, Abatement or SeiTio^ ^ ^^ " Addition be made in the Gauging or Admeafurement of any Barley, Corn or Grain, making into Malf, or of the Malt when made, in Confideration of the Difference between the (^lantity oi the Corn or Grain v/hen wet and fwoln, and the Qiiantity thereof when it is converted into dry Malt; or of the Difference between the Quantity of Corn or Grain when it is making upon the Floor, and the Quantity thereof when it is dried and perfectly made into Malt; or in the Gauging or Ad- meafurement of any Corn or Grain making into Malt for Exportation, or of fuch Malt when made; other than fuch refpeclive Allowar^es, Abatements or Additions as are mentioned in the faid Act paffed in tliis prefent Seffion of Parliament, or any AiSt or A6ts therein referred unto; any Thing in this Act contained to the contrary notv/itlittanding. Ga<kmanding^th^eBo«n- xiil. Provided alfo, and be it further enaded by the Authority aforefaid. That upon the Claim or th- Du°ies to''be d^edufted Demand of any Bounty upon the Exportation of any whole or ground Malt, the Duties by this oui of the Valuation of A6t granted fhall not be reckoned or valued towards the Price of fuch Malt, but fhall be deducted the Malt; and the Boun- in fuch Reckoning or Valuation; and that fuch Bounty fliall be continued to be allowed and paid in ty to be paid under the fuch Manner, and under fuch Rules, Regulations, Penalties and Forfeitures, and fuch Penalties Regulations, &c. pre- .^j^j Forfeitures (hall be recovered, levied and mitigated, by fuch "^.Vays and Means, and applied to oT'thii/efikn. ^' ivich Ufes and Puipofes as are prefcribed, diredied and appointed by the faid A6t made in this pre- fent Seffion of Parliament, or any Act or A<Sts therein mentioned or referred unto; any Thing herein, or in any other A<5t contained to the contrary notwithftandijig. Malt contraaed to be XIV. Provided alfo, and be it enaited and declared by the Authority aforefaid. That wherever fold before 8 Feb. but not any Perfon Or Perfons, Bodies Politick or Corporate, or others, that are charged with the Duties pa 7hfbu!'^^"^'" '° mentioned in this Aft, fliall have fold or contracted to fell any Malt to any Perfon or Perfons before the faid eighth Day of February one thoufand itzn hundred and fixty, and not delivered the fame to the Buyer; that then and in every fuch Cafe, the Buyer of the faid Malt fhall be obliged to pay- to the Seller the Duty which fuch Seller (liall have paid for fuch Malt upon Delivery thereof. Malt made and entered XV. Provided alfo, and be it further enadted by the Authority aforefaid. That no Malt which for Exportation only, ac- j^^^^j-^ |^^p,^ ^j. ^^j] ^^ entered and made for Exportation only, in fuch Manner, and according to tionr^refcribe^d by^Aa ^'-''"^ Rulcs and Regulations as are prefcribed and directed with rcfpcct to the making of Malt for 12 Geo. I. frc. ex- Exportation, by an A(St made in the twelfth Year of his late Majefty's Reign, for continuing the empted from the Duty Duties upon Malt, Mum, Cyder and Perry, in that Part of Great Britain cnWcd Eji^lane/, and for payable by this Aft j granting to his Majefty certain Duties upon Malt, Mum, Cyder and Perry, in that Part of Great Britain called Scotland, for the Service of the Year one thoufand kwi^n hundred and twenty-fix, and for other Purpofes; and according to the Rules or Regulations prefcribed and appointed by any other A6t or A6ts of Parliament, and now in Force; fhall be charged or chargeable, or fubje£t or Sties S'thiwia^Vbe ^'^^^? ^° ^"y ^^ ^'^'^ Duties by this Ad granted; and that no Drawback out of the Dutics to arife allowed on the Expo^r- ^ ^"i virtue of this A6t fhall be paid or allowed for any Malt whatfoever which fhall be exported from tation. any Part of Great Britain to any Parts beyond the Seas; any Thing herein, or in any other A(ft, contained to the contrary notv/ithftanding. Where Rents are payable XVI. And be it further enacted by the Authority aforefaid. That where any Rent is referved in Malt, or according and payable in Malt, or if payable in Money, and the Sum or Qiiantity of fuch Rent is to be af- TenanfTaySa'the'F^^^^'^ ^^ ^^^ ^'"^^ °^ ^'^^'^» ^"^ '^ ^^ increafe juft as much as the Price of Malt doth increafe. Duty. '* Jt fhall and may be lawful for the Tenant of any Lands or Tenements fubjecSt to any fuch Rent, to detain, deduct and abate fo much of every fuch Rent as will amount to the Duty by this Adi charged for every Qiiarter of Malt, or the Value of it in Money, that is fo referved, and fo propor- tionably for any lefler Quantity; and the Perfon or Perfons, Bodies Politick or Corporate, to whom any fuch Rent is referved as aforefaid, fliall upon the Receipt of the Refiduc of any fuch Rent, make an Allowance of fuch Dedu6tions as aforefaid, and the Tenant be difchargcd, as if fuch Pay- ment had been made without any Deduction or Abatement whatfoever. Malt in Hand fubjcct to XVII. And be it further enacted by the Authority aforefaid, That all Malt in thcCuftody of Duties m Arrcar, gi^y Miikcr of Malt fliall be liable and fubjed to, and is hereby made chargeable with, all and lingular the Duties of Malt in Arrear and owing by any Perfon or Perfons for any Malt^ made by and l'en..lties incurred, fuch iVIalfler, or witliin his Malt-houfe, and fliall alfo be fubjcdt to all Penalties and Forfeitures incurred by fuch Perfon or Perfons fo uling fuch Malt-houfe, for any Offence againft the Laws re-" I.iting to the Duties on Malt; and that it fliall be lawful in all Cafes to levy Debts and Penalties, and to ufe fuch Proceedings -againft fuch Malt, as it may be lawful to do in cafe the Debtor or Of- fender were the true and real Owner of the fame Malt. XVin. Provid-'d