Page:Ruffhead - The Statutes at Large - vol 8.djvu/58

, 24- C. 10.' Anno tricenmo Georgii II. A. D. 1757. Diftii'.er.cr other V. And be it further enacted by the Authority aforefaid. That if any Diftillcr or Maker of Low L^vin^mJrethan ^^'"°^ °'" Spirits for Sale or Exportation, fliail after the eleventh Day of March one thoufand fcven nvI'c^iTrte^s of" ^"'^'^^^'^ ^^^^ flfty-feven, and before the eleventh Day of May one thoufand feven hundred and fifty- vvh-at, &c. in feyen, be pofleffed of, or have in his, her or their Cuftody or PolTeiTion, or in the Cuftody or PofTefTion his Cuftody, of any Perfon or Perfons in Truft, or for the Ufe or Benefit of fuch Diftiller or Maker o'i Low Wints or Spirits, more than five Quarters of Wheat, Wheat Meal, or Wheat Flour, at any one Time, iti -J.. . f any one or more Place or Places (not being a Place or Places for preparing, making, cxtradling, diftil- S'-t'fiU'lxry ''"g' orjceepin^ Worts or Wafli, Low Wines or Spirits) ; every fuch Dilliller or Maker of Low Wines Quarter. ^"d Spirits, fliall for every fuch Offence refpedively, forfeit all iuch Wheat, Rleal and Flour, ex- ceeding the faid Quantity of five Quarters, and alfo the Sum of five Pounds for every Quarter fo forfeited. Diftillers not^to^^ VL Provided always. That this Ad fhall not extend to inflidl the fiid laft-mentioned Penalty and For- o1'"^their''ovn ^^^ feiture upon any Diftiller or Maker of Low Wines or Spirits, who ihail be the a£tual Grower of Wheat, Growth, 2"^ ih^W be pofTefied of any Qiiantity of fuch Wheat grown by him or her in the Straw, or after the if fold within fame is threlhed out or feparated from the Straw; provided fuch Wheat (ball not be kept in his or her 20 Days after be- Polfefllon, or in the PoffefTion of any other Perfon or Perfons in Trull for him or her, for a greiiter Space' jog threj^eo ;_^ of Time than twenty Days after the fame (hall be threfhed or feparated from the Strav/ ; and {o as fuch Wcr^oufe^ &c. ^'^heat be not kept in any Place ufed for making, extracting, or diftilliag Low Wines or Spirits, or for preparing or keeping Worts or Waih. Di(^ii!^r5, being VIL Provided alfo. That this A6f fhall not extend to infhft the faid lail mentioned Penalty and For- «em'ted^Vom'*^ feiture upon any Diftiller or Maker of Low Wines or spirits, who praclifes the Trade of a Miller, and twlid^ Penalty ^'^° ^.^^ pofleifed of, and worked any Mill or Mills for the grinding of Wheat, on or before the firft and Forfeiture. Day ot January one thoufand kvcn hundred and fifty-feven, for or upon account of any Quantity of Wheat, Wheat uleal, or Wheat Flour, which fhall, during the Time herein before limited, be found in any fuch Mill or Mills ; any Thing herein contained to the contrary notwithftanding. b wlrra^V^n- ^ ^^^' ^^^ ^^ ^^ further enacted by the Authority aforefaid, That in cafe any Officer or OfHcers of tlr, oxhuiilc'^ *^? Excife, or any other Perfon or Perfons, fhall at any Time or Times, have Caufe to fufpeJi that any open Storchoufes W heat. Wheat Meal, or Wheat Flour, exceeding the Qj_iantity of five Quarters, Ihall be laid or kept fufpeaeJ tohave in any fuch Storchoufc, Warehoufe, Grainary, or other i'iace or Places as aforefaid, belonging to any 'V^'^r ^'^ Diftiller or Maker of Low Wines or Spirits, contary to the true Litenr and Meaning of this Ad ; then tc'Tof Whiat." ^"'^ l" every fuch Cafe, upon Oath made by fuch Officer or Officers, oi other Perfon or Perfons, before the Commiffioners of Excife for the Time being refpcclively, or any tv.'o or more of them, or before one or more Juftice or Juftices of the Peace refiding n;;ar the Place where fuch Officer or Officers, or other Perfon or Perfons, fliall fufped the fame to be laid and kept, fetting forth the Ground of his or their Sufpicion, it fhall and may be lawful to and for the fiiid Commiffioners, or Juftice or Juftices of the Peace rcfpcctively, before whom fuch Officer or Officers, or other Perfon or Perfons, fliall make Oath as aforefaid., (if he or they fhall judge it rcafonable) by Special Warrant under his or their refpedive Hands and Seals, to authorifc and impower fuch Officer or Officers, or other Perfon or Perfons autho- rifed as aforefaid, by Day or by Niglit, (but if in the Night, then in the Prcfcnce of a Conftable, or other lawful Officer of the Peace) to enter into all and every Storehoufe, Warehoufe, Grainary, or other Place or Places, where he or they fhall fo fufpecl that any Wheat, Wheat Meal, or Wheat Flour, ex- ceeding tlie Quantity of five Quarters as aforefaid, fhall be laid or kept, belongin;:: to any fuch Diftiller, The Wheat fo or Maker of Low Wines or Spirits; and to feize, take and carry away, all fuch Wheat, Meal and found, to befti- Flour, as he or they fhall fo find (over and above the faid Quantity of five Quarters, together with all zed and carried the Sacks, Bags, or Other Things, wherein the fame fliall be contained) ; and fuch E)iftiller or Maker of an f Diftiller to ^^'^ Wincs cr Spirits, or the Perfon or Perfons in whofe Cuftody or Pofteffion fuel) Wheat, Meal or fon'eit 51. for Flour, b lopging to fuch Diftiller fhall be found, fhall for every fuch Oft'jnce refpectively, forfeit and every fupcrnu- pay the faid Penalty of five Pounds for every Quarter, exceeding the faid Quantity of five Qiiarters ; and aj.T«ry Ciuar-.er. the faid Officer or Officers, and ether Perfon or Perfons, is or are hereby impowered by fuch Warrant, together with fuch other Perfon or Perfons as he or they fhall take to his or their Affiftance, to enter fuch Stoiehoufes, Warehoufes, Grainaries, and other Place or Places, and break open the Doors thereof, in cafe they be not forthwith opened on Demand. Penalties how to JX. And be it further enacted by the Authority aforefaid. That all Penalties and Forfeitures by this be lecovercd ; ^£j. impofcd, fhall be fued for and recovered by Action of Debt, Bill, Plaint or Information, in any Cuurt may miti-of his Majefty's Courts of Record at JVeJbninjhr or  the Court of Exchequer in Scotland; and that the gats ihc fame ; Court before whom the fame fhall be recovered, may and are hereby authorized (if they fhall think fit) to mitieate all or any of the pecuniary Penalties herein before inflicted, to any Sum not lefs than one Application fourth Part of the Sum herein refpectively mentioned ; and that one Moiety of all the Penalties and For- thercof. ftitu/cs, when recovered, fliall be to the Ufe of his Majefty, his Heirs and SucceiFors ; and the other Moi'jty to him or them who fliall fuc for the fame, or give Information of, or difcover the Offence. Suits to be com- X. Provid^id always. That all Suits, Profecutions or Informations, for Oft'cnces committed againft nicnced wtthin this A£t, fliall bc commenced and made within the Space of two Calendar Months after the Fa6t is corn- two M n:h5 af- --•--.- 1 - - I ^ - .1 - "-T-l • 1 • f 1 1 •. 1 .T !• tTiheOffencc "''"'^^' ^^^ ""^ othcrways ; any Thing herein contained to the contrary notv/ithllanding.
 * oh'raftsfoiDe- * XL And whcrcas there have been Contracls made by the Diftillers with fevcral Perfons for Ycaft, to

V TV 01 Ycaft ' be fklivered and received at future Times after the twenty-niiith Day of Sel>ie>nl)cr one thoufand fcven wjwiidud. * hundred and fixty-fix ;' Be it therefore further enacted by the Authoiity aforefaid. That all Contracts or Bargains made by any Diftiller or Diftillers with any, Perfon or Perfons whatfocvcr, for any Yefl to be delivered