Page:Ruffhead - The Statutes at Large - vol 8.djvu/515

 A. D. 1759. Anno tricefimo tertio Georgii II. C. 28. 4.81 other Package fhall he forfeited and lofl, but alfo the Perfon or Perfons who fhall bring, or caufe, or procure to be relanded, fuch Rum and Spirits, or any Part thereof, into any Part oi Great Bri- tain, or of the Iflands of Guernfy, Jerfey, Jlderney^ Sark, or Man, or either of them, or be aflifting or otherwife concerned in the unlhipping the fame, or to whofe Hands the fame {hall knowingly come after the unfliipping thereof, or by whofe Privity, Knowledge, or Direction, the faid Rum or Spirits, or any Part thereof, fhall be fo relanded, fliall forfeit double the Amount of the Duties charged upon the Importation of fuch Rum or Spirits, and the Cafks and other Package containing the fame, together with the VefTels and Boats, and all the Horfes or other Cattle and Carriages whatfoever, made ufe of in the L^mding, Removing, Carriage, or Conveyance of the fame, which (hall and may be feized by any Officer or Officers of the Cuftoms or Excife : And if any Mafter, ^nd theMifler,&c. if he Commander, or other Perfon belonging to any Ship or Veffel, fliall affift in, or connive at, the frau- 's [„ fXTi^e MTth. dulent Landing any fuch Rum or Spirits as aforefaid, he, (lie or they (over and above all other Pe- imprifonment • nalties provided by this or any other A6t or A6ts now in Force) mall, for every fuch Offence, fufter Imprifonment for the Space of fix Months, without Bail or Mainprize ; and in cafe the Pack- or if the Package be al- aoe of fuch Rum or Spirits fo entered for Exportation, or any Part thereof, fliall be altered at any tered before Airiral at Time after the fliipping thereof, and before the Arrival of the Ship at the Port or Place of Difcharge, «!>« Place of Difchargc, the Mafter or other Perfoh taking Charge of every fuch Ship or Veflel, fliall forfeit and lofe the Sum * ^'■^"^' '°°'- of one hundred Pounds. XI. And, for the preventing of Frauds which may be committed in the Exportation of fuch Rum or Spirits, Be it further enadted by the Authority aforefaid. That from and after the faid fixteenth Day The Rum or Spirits to of June one thoufand feven hundred and fixty, all fuch Rum or Spirits fo to be exported fliall be ^^ ^^P°"^'^' ^^^ " ^^ Proof Spirits ; and in order that the fame may be properly examined, and the Cafks marked, when '°° J' any Perfon or Perfons fliall be defirous of fhipping any (Quantity of fuch Rum or Spirits, they are'"„V,n °"" m r ■' 1 -I ■ XT • 1 c • TTT '■^- ^ { TN/T /- T- -r c ^i. T- T ni give 5 Days previous No* hereby required to give Notice thereof in Writing to the Officer of Lxciie, of the Deviiion or rjace ticeof the ihipping where fuch Rum or Spirits are intended to be fhipped, five Days next before fuch Rum or Spirits thereof; Ihall be put on Shipboai'd ; in which Notice fliall be exprefled the Number of Cafks, and the Qiian- tity of Rum or Spirits, fo intended to be fhipped : and it fhall be lawful to and for the Gaugers, or and allow the OfBcers to other Officers of Excife, before the Delivery of fuch Rum and Spirits from fuch Warehoufes, and '""'*^ *^^ ^^^^ > at any Time afterwards, to mark all and every fuch Cafks, or other Package, in fuch Manner as the refpeiftive Commilfioners of Excife fhall direct, and to take a Sample or Samples (not exceeding and take Samples, paying one Pint in the Whole) out of each of the faid Cafks, or other Package, containing fuch Rum or ^°i« '^^ajs* if <le- Spirits, paying for fuch Sample or Samples (if demanded) according to the Market Price Rum or "'^"'^^'^ » Spirits of the like Qiiality (liall be fold for at the Time fuch Sample or Samples fliall be taken : And in cafe any Perfon or Perfons fhall put on Shipboard any fuch Rum or Spirits, for Exporta- "P°" Penalty of forfeit- tion, as Merchandize, without having given fuch Notice as aforefaid, or fhall obltruft or hinder '"° ^°° " the Gaugers, or other Officers of Excife, in the marking fuch Cafics or Package, or in taking fuch fl|al"be ahTr^d o'*''^'d^ Sample or Samples, he, fhe or they fhall refpedively forfeit for every fuch Offence, the Sum of cedin qtiandty m-Qnah- one hundred Pounds; and if the Rum or Spirits fo intended for Exportation as Merchandize, ty after being fhipped, the fliall after the fhipping thereof be altered or reduced in Qj.iality or Quantity, after any Officer or fame is forfeited, and the Officers of Excife fhall have examined the fame, the faid Rum or Spirit's, and the Cafk or Cafks, or Perfons concerned there- other Package or Packages containing the fame, fhall be forfeited and loft, and the Perfon or Perfons '"*°"^ ^^f° "o^- who fhall have fo altered or reduced fuch Rum or Spirits, or caufed or procured the fame to be altered or reduced, fliall forfeit and loie the Sum of one hundred Pounds for every fuch Offence, and no and no Drawback Is to Drawback or Allowance of the Duties fhall be made for the fame. ^^ allowed for the fame, XII. And be it further enaded by the Authority aforefaid. That if any Perfon or Perfons fhall Penalty of granting a knowingly or wittingly grant any falfe Certihcate, or counterfeit, erafe, or alter any Oath or Certi- falfe Certificate, or of ficatc made or given purfuant to this Act, or fliall knowingly or wittingly publilh or make ufe there* *^°""^^'f^^'"B' altering, of, fuch Perfon or Perfons fhall forfeit f^ve hundred Pounds ; which Forfeiture fhall and may be ^'^^^'"f^"'^;^^] °' ^"•*- profecuted in any of his Majefty's Courts of Record at Wej'lmiyiJ}er, or in the Court o'i Exchequer '''5°° • in Scotland one Moiety whereof to be for the Ufe of his Majefty, his Heirs and Succeffors, and the one Moiety to the Crown, other Moiety to him or them who will fue for, profecute, and recover the fame, v/herein no and the other to the Pro- Effoin, Protection, or Wager of Law, fhall be allowed, nor any more than one Imparlance; and fecutor. fuch Oath or Certificate fo falfified, counterfeited, erafed, or altered, fliall be invalid, and of no Effe5t. XIII. And, for the further Encouragement of the Exportation of Spirits drawn or made in Great An additional Draw- Britain from Melaffes ; Be it enadted by the Authority aforefaid. That from and after the faid fix- ^^'^^°^ 3'- 5 s. per Tun teenthD^.y of 5^////.' one thoufand feven hundred and fixty, there fhall be an additional Drawback ^^^^I'^-^^^'j^^^^^ or Allowance of three Pounds three Shillings, for every Tun of fuch Spirits fo drawn or made in iMeMes,^xportrd" "^"^ Great Britain, which fliall be exported for Merchandize to Parts beyond the Seas; and upon Oath Oath being made ot the being made before any two or more of the refpe£tive Commiffioners of Ecxife, or Juftices of the Truth thereof. Peace for the County or Place from whence any fuch Spirits are intended to be exported, that the fame were drawn or made in Great Britain from Melaffes without any Mixture with any other Ma- terials, either Native or Foreign ; or in Cafe fuch Spirits fliall be re£tified Spirits, theji upon Oath made, that the fame were drawn or made in Great Britain from Melaffes without any Mix- a Certificate under the Hand or Hands of the Officer or Officers of Excife for the Port or Piace and that ihe (jmc wtie' Vol. VIII, Q_q q ^yhej-g Proof spirits, d,-c.