Page:Ruffhead - The Statutes at Large - vol 9.djvu/120

 jo C. t. Anno quarto Georgii III. A. D. 1763* private Ufe, not fon or Perfons buying the fame for his or their private Ufe only, and not "being a Dealer or Dealers in Cy- to be charged, dcr or Perry, or a Retailer or Retailers thereof. Perfons felling XXI. And be it further enacted by the Authority aforefaid, That every Perfon or Perfons whatfoever, lefs than *o Gal- who fhall, after the twenty-fifth Day of March one thoufand feven hundred and fixty-four, fell any Quan- edftrt 'J 6 deCm " -*''y of ( -yder or Perry, or either of them, in lefs Quantity than twenty Gallons at a Time, whether the lame be made from Fruit of his, her or their own Growth, or from bought Fruit, fhall be deemed and taken to> be a Dealer in Cyder and Perry, and a Retailer thereof, and fhall be fubject and liable to the Duty of four Shillings />«• Hogfhead for fuch Quantity of Cyder and Perry fo fold, over and above all other Duties payabable for Cyder and Perry fold by Retail ; and that every Dealer in, and Retailer of Cyder and Perry, and ^ other Perfon and Perfons receiving into his, her, or their Cuftody or Cuftodies, any Quantity of Cyder and Perry, or either of them for Sale, and every Perfon and Perfons who fhall buy any fruit to make into Cyder or Perry, or either of them, for Sale, fhall make a true and particular Entry in Writing of the feveral and refpective Storehoufes, Rooms, Cellars, Vaults, and other Place and Places by him, her, or them, respectively made ufe of for the making and keeping of Cyder and Perry, or either of them, at the Office of Excife, within the Compafs or Limits whereof fuch refpective Storehoufes, Rooms, Cel- lars, Vaults, and other Place or Places fhall be fituated ; on pain of forfeiting the Sum of fifty Pounds for every fuch Storehoufc, Room, Cellar, Vault, or other Place, which from and after the faid twenty-fifth Day of March one thoufand feven hundred and fixty-four fhall be made ufe of by any fuch Dealer or Retailer, Receiver or Maker refpectively, without making fuch Entry thereof as aforefaid ; and that all Duties, Fines, Penalties, and Forfeitures, by this Act impofed, fhall be fued for, levied, recovered, or mitigated, by fuch Ways, Means, and Methods, as any Duty, Fine, Penalty, or Forfeiture, is or may be recovered or mitigated by any Law or Laws of Excife, or by Action of Debt, Bill,. Plaint, or Infor- mation, in any of his Majefty's Courts of Record at Wejhmnjfer ; and that one Moiety of every fuch Fine, Penalty, or Forfeiture, fhall be to his Majefty, his Heirs and'Succeflbrs, and the other Moiety to him, her, or them, that fhall difcover, inform, or fue for the fame ; and if any Perfon or Perfons fhall at any Time be iucd for any Thing done by him, her, or them, in purfuance of this Act, he and they fhal] and may plead the General IfTue, and give this Act for his or their Defence; and if upon the Trial a Verdict fhall pafs for the Defendant, or the Plaintiff fhall be nonfuited, then fuch Defendant or Defendants fhall have treble Cofts to him, her or them awarded, againft fuch Plaintiff or Plaintiffs. Clan ft of Loan XXII. And it is hereby alfo enacted, That there fhall be provided and kept in the Office of the Auditor of at 4I, per Cent, the Receipt of the Exchequer one Book or Regifter, in which all the Orders for Money payable by this this Act fhall be entered and regiftered ; and that it fhall and may be lawful to and for any Perfon or Per- fons, Natives or'Foreigners, Bodies Politick or Corporate, to advance or lend to his Majefty at the faid Receipt, upon Credit of the faid Duties upon Malt, Mum, Cyder and Perry, by this Act granted, any Sum or Sums of Money, not exceeding in the whole the Sum of feven hundred and fifty thoufand Pounds; which Lenders fhall have Intereft for their Forbearance of their refpective Loans, not exceeding the Rate of four Pounds per Centum -per Annum, fo as fuch Loans be allowed to be made by the Commiilioners of the Treafury, or any three or more of them now being, or by the High Treafurer, or any three or more cf the-Commiffioners of the Treafury for the time being, who are hereby authorized to iffue their War- rants for that Purpofe, as faft as fuch Loans fhall be wanted for the publick Service ; the faid Intereft to be paid every three Months from the making of fuch Loans, until Satisfaction of the principal Sums refpect- Tallies of Loan ; ve ]y. am i t h at no Money fo to be lent, fhall be rated or affeifed to any Tax or Affeflment whatfoever ; to be ftruck, &c- an( j ^j. evei -y fa^ L en( k r fhall immediately have a Tally of Loan ftruck for the Money by him, her or them lent, and an Order of the fame Date for the Repayment thereof, with fuch Intereft as afore- Orders regifler- faid ; and that all fuch Orders fhall be regiftered in Courfe according to their Dates ; and all Perfons there- .cd and paid upon fhall be paid in Courfe as their Orders fhall ftand regiftered, fo as the Perfon or Perfons, Natives or in burfe..- Foreigners, his, her or their Executors, Adminiftratcrs, orAifigns, whofe Orders fhall be firft regiftered, fhall be accounted the Perfon or Perfons to be firft paid, and fo fuccefuvely in Courfe ; and that the Monies to come in by this Act, of the faid Duties, fhall be in the fame Order liable to the Satisfaction of the faid refpective Perfons, their Executors, Adminiftiators, or Affigns fucceffively, without undue Preference of No Fee for regif- one before another, and not otherwife ; and fhall not be diverted or divertible to any other Ufe, Intent, or tering, &c. Purpofe whatfoever; and that no Fee, Reward, or Gratuity, directly or indirectly, be demanded or taken for providing or making any fuch Books or Regifters, or any Entries, Views, or Searches, in or for Pay- ment of Money lent, or the Intereft thereof, as aforefaid, by any of his Majefty's Officer or Officers, their Clerks or Deputies ; on pain of Payment of treble Damages to the Party grieved, by the Party offending, with full Cofts of Suit ; or if the Officer himfelf take or demand any fuch Fee or Reward, then to forfeit his Place alfo; and if any undue Preference of one before another fhall be made in point of Regiftry or Payment, contrary to the true Meaning of this Act, by any fuch Officer or Officers, then the Party offen- ding fhall be liable by Action of Debt, or on the Cafe, to pay the Value of the Debt, with full Cofts of Suit, to the Party aggrieved, and be forejudged of his Place or Office ; and if fuch Preference be unduly made by any his Deputy or Clerk, without Direction or Privity of his Mafter, then fuch Deputy. or Clerk only fhall be liable to fuch Action, Debt, Damages, and Cofts, and fhall be for ever incapable of his Penalty for on- Place or Office ; and in cafe the Auditor of the Receipt fhall not direct, or the Clerk of the Pells record, due Pietacr.ce. or t fo e Tellers make Payment, according to each Perfon's due Place and Order, as before directed ; then he or they fhall be adjudged to forfeit, and the refpective Deputies or Clerks, therein offending, to be lia- ble to fuch Action, Debt, Damages, and Cofts, in fuch manner as aforefaid : All which faid Penalties, Forfeitures, Damages, and Cofts, to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be recovered by Action of Debt, Bill, Plaint, or Information, in any of his