Page:Ruffhead - The Statutes at Large - vol 9.djvu/119

 A. D. 1763. Anno quarto Georgii III. C. 1. 69 ' and to punij}> the counterfeiting or forging of Lottery Orders; end for explaining a late Atl in relation to Stamp ' Duties on cifiomary Ejiates •which pafs by Deed and Copy; it was enacted, That if any Malfter, or Maker ' of Malt for Sale, during the Continuance of the Duties on Malt by the (aid Ace granted, fhould tread, ' ram or otherwise force together in the Cittern, Uting-fat, or Couch, any Corn fteeping or fteeped in ' order to the making into Malt, every fuch Malfter, or Maker of Malt for Sale fhould, for every fuch ' Offence, forfeit and lofe the Sum of two Shillings and fix Pence for every Bufhel of Com fteeping or ' fteeped that fhould be fo prefl'ed, trodden, rammed, or forced : And whereas by one other Claufe in an ' Acl: of Parliament palled in the fixth Year of the Reign of his late Majefty King George the Firft, in't'itu- &6Geo. i.-c.ai. ' led, An Att for preventing Frauds andAbufes in the publick Revenues of Excife, Cvfloms, Stamp Duties, Poji Office, ' and Houfe Money; it was enac~ted and declared, That if, from and after the four and twentieth Day of June ' one thoufand feven hundred and twenty, any Corn in any Cittern or Uting-fat ft'eepirjjg or fteeped in order to ' the making thereof into Malt by any Malfter or Maker of Malt, (other than Compounders for the Duty on 1 Malt) was or fhould be found fo hard, clofe, and compacvt, as it could not be, unlefs the fame had by fome. } means or other been forced together to prevent the rifing and fwelling thereof, every Malfter and Maker ' of fuch Corn fteeping or fteeped which fhould be found fo hard, clofe, and compatft, as aforefaid; which ' faid recited Claufes have been duly continued, and are ftill in Force : And whereas by the laft recited ' Claufe no Penalty is provided where Corn fteeped, in order to the making thereof into Malt, {hall be ' found in the Couch fo hard, clofe, and compjcvt, as it could not be, unlefs the fame had by fome means ' or other been forced together to prevent the rifing and fwelling thereof; and the Penalties provided by the ' forementioned Claufes have, by Experience, been found ineffectual to prevent the fraudulent Practice ' of preffing, treading, ramming, or otherwife forcing together in the Ciftern, Uting-fat, or Couch, the ■ ' Corn or Grain fteeping or fteeped in order to the making thereof into Malt, to the Prejudice of his Ma- 1 jetty's Revenue, and Difcouragement of the fair Traders;' Be it therefore enacted and declared by the JS. per Bu/hel Authority aforefaid, That from and after the twenty-fourth Day of June one thoufand feven hundred and Penalty on all fixty-four, if any Corn or Grain in any Ciftern, Uting-fat, or Couch, fteeping or fteeped, in order, to? orn. ft "P! "S> or "- the making thereof into Malt by any Malfter or Maker of Malt (other than Compounders for the Duty ^f^ ^^1 on Malt) is or fhall be found fo hard, clofe, and compacT:, as it could not be, unlefs the fame had by fome ( oun i m the cif-. means or other been forced together to prevent the rifing and fwelling thereof, every Malfter and Maker tern orCouch, fo of Malt (other than Compounders for the Duty on Malt) where the fame fhall be fo found, fhall, in every hVd and comp^A; fuch Cafe, forfeit and lofe the Sum of five Shillings for every Bufhel of fuch Corn or Grain fteeping or *^ " h t ft™'' fteeped, which fhall be found fo hard, clofe, and compact, as aforefaid;. and Proof being made thereof', the had been forced fame fhall be deemed conclufive Evidence of the Faj£t, and fhall fubjecl: the Malfter or Maker of Malt to together to pre- the aforefaid Penalty of five Shillings per Bufhel. vent the Rifing,. XVIII. ' And whereas many Malfters or Makers of Malt, do fraudulently convey away from the Cif- tern, Uting-fat, or other wetting Place or Utenfils, Steepings, or Part of Steepings of Corn or Grain, making into Malt, and mix fuch Corn or Grain, fo conveyed away, with and amongft Couches or Floors of other Corn or Grain making into Malt, which are then depending and in Operation, that have been gauged or charged with^ne Duty in the Couch; and in cafe the Officer has taken his Gauge of the Corn, or Grain, fteeping in t'he Ciftern, Uting-fat, or other wetting Place or Utenfil, fuch Malfters or Ma- kers of Malt fupply the Deficiency with frefh Barley or other Corn or Grain, in the Abfence and with^ out the Privity of the Officer, in order to prevent a Difcovery of fuch Corn or Grain having been con- veyed away; and fuch Corn or Grain fo conveyed away and mixt, by an artful and fraudulent manner or Maker of Malt fhall fraudulently convey away, or caufe or procure, or permit or fufter to be conveyed away from the Ciftern, Uting-fat, or other wetting Place or Utenfil, any Steeping, or Part of any Steep- : ing of Corn or Grain making into Malt, and fhall mix fuch Corn or r amongft any fuch Couch or Couches, Floor or Floors, of other Corn o Ciftern, any fteeping of Corn. . ■ .' and mixing the Grainfo conveyed away with and f 11I1(, w j tn other or Grain making into Malt, which Corn charged are then depending and in Operation, and which have been gauged or~ charged with the Duty in the w,t!l the Di,f y '^< Couch; or if any Malfter or Maker of Malt, fhall fraudulently convey away, or caufe or procure, or the f C °j , > , permit or fufter to be conveyed away, from the Ciftern, Uting-fat, or other wetting Place or Utenfil, any °„ n ^!";; " r ^J Steeping or Part of any Steeping of Corn or Grain making into Malt, fo that no Gauge of fuch Corn or fame away, fo Grain fo conveyed away can be taken in the Couch by the Officer; then, and in each of the faid Cafes, that no Cauge every fuch Malfter and Maker of Malt fo offending {hall, for every fuch Offence, forfeit and lofe the Sum°f fuchCorn " a of one hundred Pounds. £;j^ en ln rhe XIX. And be it further enacted by the Authority aforefaid, That ail Fines, Penalties, and Forfeitures,^ ,".' , ^rr- .„,..„„ ,,'. ..,...'•.., , ' , ... 'Penalties how to» ecoveivd. for any Offence againft this Act, fhall be fued for, levied, and recovered, or mitigated, by the fame Ways, bc f ,. Means and Methods, as any Penalty or Forfeiture given by any of the Laws of Excife upon Beer, Ale, and other Liquors, can or may be fued for,., levied,, recovered or mitigated, or by any Law or Laws of Excife, or by Action of Debt, Bill, Plaint, or Information, in any of his Majefty's Courts of Record- at Weflminfler; and that one Moiety of fuch Fines, Penalties' and Forfeitures, fhall be to the Ufe of his Majefty, his Heirs, and Succeflbrs, and the other Moiety to him or them that fhall difcover, inform, or e for the fame. fuXX. Provided always, and it is hereby enacted, That nothing in this Act contained fhall extend, or raver? of-Cvdej - be conttrued to extend, to charge any Perfon or.Perfons with the Duty upon Cyder or Perry; fuch Per> or Perrj; fowheife
 * of Malt (other than Compounders for the Duty on Malt) where the fame fhould be fo found, fhould, in
 * every fuch Cafe, forfeit and lofe the Sum of two Shillings and fix Pence per Bufhel for every Bufhel