Page:Ruffhead - The Statutes at Large - vol 8.djvu/469

 A- D. 1759. Anno tricefimo tertio Georgii II. C. 9.1 435 niture. Apparel, and Materials belonging thereunto, the Officer or Officers who fclzcd the fame being firft paid his or their Share or Shares : And whereas by an Adt made in the eleventh Year of the Reign of his faid late Majefty, for more effectually preventing Frauds and Abufes in the publiclc Revenues j for preventing Frauds in the Salt Duties ; and for other Purpofes ; certain Powers were given to the Officers of the Revenue of Excife to enter into any Ship or VefTel within the Limits of any Port in this Kingdom, and fearch for and feize Arrack, Rum, Brandy, Spirits, or Strong Waters, and CofFee, Tea, Cocoa Nuts, Chocolate, and Cocoa Pafte, with the Packages thereof, in the Manner and for theReafons therein mentioned : And whereas no Provifion is made by the Laws in being to impower the Officers of Excife to feize any Ships, Veflels, Boats, Wher- ries, Pinnaces, Barges, or Gallies, and it would be a further Means to prevent the Clandeftine Im- portation of Spirituous Liquors, if they were impowered to feize fuch Ships, Veflels, Boats, Wher- ries, Pinnaces, Barges, or Gallies, in the fame Manner the Officers of the Cuftoms may now legally do ;' Be it therefore enabled by the Authority aforefaid, That from and after the faid twenty-firit Officers of Excife, as Day of Jpril one thoufand feven hundred and fixty, it fiiall and may be lawful to and for the Offi- weJl as thofe of theCu- cers of Excife, and every of them, and they and each of them are hereby required to feize all and |^°'".^,'P^y feizeail Vef- every fuch Ships, Veflels, Boats, Wherries, Pinnaces, Barges, or Gallies, as are declared to be for- bTthe reched Ads^"^*^ feited for any of the Reafons contained in the faid A(Sts, or any of thern, in like Manner as the OF- ' ficers of the Cuftoms may now legally do; which Ships, Veflels, Boats, Wherries, Pi Duaces, and proceed to Condem- Barges, or Gallies, fo feized bv the Officers of Excife, fliall and may be proceeded againft and con- nation, &c in like Man- demned by fuch Forms, Ways' and Methods, on the Part and Behalf of his Majefty and the Officers q^^^^^^J* f'^thTcuVo''! of Excife, as now are or may be ufed on the Part and Behalf of his Majefty and the Officers of the ^'^^" ° ^ ^ " ^"'•^' Cuftoms ; and after Condemnation, burnt, deftroyed, or ufed, and the Tackle, Furniture, and Ap- parel thereof difpofed of and applied by and under the Dire£tion of the Commiffioners of Excife and their Officers, in like Manner as is diredted with refpedl to the Commiffioners of the Cuftoms and their Officers. ' XV IL And whereas many Evils have arifen to the Publick by reafon of the compounding or rec- nis Claufe repealed by ' tifying of Spirits by Perfons pracSlifing the Trade or Buflnefs of Making or Diftilling Spirits from 2 Geo. 3. c. 5,/. 3. ' Corn or Grain ;' Be it therefore enacted by the Authority aforefaid. That from and after the MaltDiftillercompound- twenty-firfl: Day of April one thoufand feven hundred and fixty, if any Perfon pradliflng the Trad; ing or redifying Spirits or Buflnefs of Making, Extracting or Diftilling Low Wines or Spirits from Corn or Grain, or any into Gin, Brandy, or Mixture therewith, or having any Intereft, Share or Property in any fuch Trade or Buflnefs {hall, di- other compound Spin- redtly or indiredtly, either by him or herfelf or any other Perfon or Perfons in Truft, or for his or her "°"° iqi-ors. Benefit, redlify, compound or make any Sort of Spirits into the Liquor commonly called Gin, or into Brandy, or any other compound Spirituous Liquors whatfoever, every fuch Perfon fliall, for every fuch Offence, forfeit and Pay the Sum of one hundred Pounds ; and that the Heirs, Executors, Ad- foffeits rool. miniftrators, or Affigns of any Perfon who {hall, after the faid twt nty-firft Day of Jpril one thou- and his Heirs, or Exe- fand feven hundred and fixty, have been guilty of the Offence aforefaid, {hail not be intitled unto •^"^o^'/^'^- aredifabied or maintain any Caufe, A6tion or Suit, for Recovery, either in Law or Equity, of any Sum or Sums p^^" on that Trad" ^"^ of Money, Debt or Demand whatfoever, on account or by reafon of any Intereft or Property ,- /%wa., „ /-,„ ., ■n r A 1 T • r n /• n • • i r^ t i-n-ti i ,- '' ^ce farther ^3 Oi'O. a, in, or Profit or Advantage ariimg m relpedt of, any Spirits made, extracted or diltiUed from c. 28. Corn or Grain, or any re£lified or compounded Spirituous Liquors whatfoever. XVIII. And be it further enaded by the Authority aforefaid. That all and every the Powers, Au- The Powers, Rules, Pe- thorities, Diredtions, Rules, Methods, Penalties, and Forfeitures, Claufes, Matters, and Things, n^'^'^^; Claufes, &c in which in and by an A(£l made in the twelfth Year of the Reign of King Charles the Second, inti- ^^. ^^ ^^^ i' ^'^' r tuled. An A£ifor taking away the Court of JVurds and Liveries, and Tenures in Capite, and by Knights Exdfe^now inVor^ce °ex- Service and Purveyance ; and for fettling a Revenue upon his Majefty in lieu thereof or by any other Law tended to this Aft. ' now in Force, relating to his Majefty's Revenue of Excife upon Beer, Ale or other Liquors, are irCar. 1. c. II. provided, fettled, or eftabli{hed, for fecuring enforcing managing, raifing, levying, colle6ting, mi- 16 fif lyC^r, a. c. 4. tigating, or recovering, adjudging or afcertaining the Duties or Penalties thereby granted, and for 22 & 23 Car. 2. c. 5. preventing, dete£ting and punilhing Frauds relating thereto (not otherwife altered by this Ad) fhall ^^'%M's'fr^'''-^^' be exercifed, pradlifed, applied, ufed, impofed, levied, recovered, and put in Execution, for the ^ ^ ^ ^i^'f^,^" '" ^°" fecuring, enforcing, managing, raifing, levying, collcding, mitigating, adjudging, afcertaining, 5 ^! ©" M / 20. recovering, and paying, the Duties and Penalties hereby graphed, and for preventing, detefling, 7 f^'^- 3- c 30. land punifhing Frauds relating thereto, as fully and effedually, to all Intents and Purpofes, as if all ^ ^- 3- ^- ^g- and every the faid Powers, Authorities, Rules, Diredions, Methods, Penalties, and Forfeitures, ^° ^ 3" '^" ^.y. Claufes, Matters, and Things, were particularly repeated and again enaded in the Body of this i*^„„" |"/;^J "' prefent A6t. 4 ^„„, i 6. ' 8 Ann. f 7. 10 Ann. c. 19 Gf a6, 12 Ann. c. 9. 6 Geo. i. c. 21. 11 Geo.i, c. 30. 12 Geo. i. c. 28. ji Geo. 2. c, 16. 19 Geo. 2, c. 34. 23 Geo. 2. c. 26, 32 Ce«. 2. c. 17. XIX. And be it further ena6led and declared by the Authority aforefaid, That all Fines, Pe- Recovery, MlV-p.-tion, nalties and Forfeitures impofed by this A6t, not hereby otherwife direcfted to be recovered, {hall be and Application of Pe- fued for levied, recovered or mitigated by fuch Wayy, Means and Methods as any Fine, Penalty or "*'"" '" fis'^^" Forfeiture is or may be recovered or mitigated by any Law or Laws of Excife (not otherwife diredted by this Act) or by Adion of Debt, Bill, Plaint, or Information, in any of his Majefty's Courts of Kecord at Wefiminjier^ or in the Court of Exchequer in Scotland^ and that one Moiety of every fuch K k k 2 Fine,