Page:Ruffhead - The Statutes at Large - vol 9.djvu/76

 26 C. 12. Anno tertio Georgii III. A. D. 1762. to he laid within three ven hundred and fixty-three, unlefs fuch Information be laid and entered before fuch Perfons ap- Monthsaftercommitted; p i n ted to determine the fame, within three Months next after fuch Offence committed ; and that and Notice thereof to be Notice thereof be given to fuch Perfon or Perfons (againft whom fuch Information fhall be laid) ia ejven them. Writing, or left at their Dwelling Houfes, within one Week after .the laying and entering fuch In- formation, to the End a timely Profecution may be had and made in defending the fame ; any thing in this Acl, or any other Law to the contrary notwithftanding. Perfons aggrieved by the XXiV. And be it further enacted by the Authority aforefaid, That if either Party think him, her judgment of any Ju- or themfclves aggrieved by any Judgment or Order to be given or made by any Juftices of the Peace, ftices of the Peace, j n p ur (' ua nce of this prefent Aft, touching or concerning the Duties hereby granted, or any Penalty touching the Duties or an( j p or f e j ture relating to the fame ; it fhall and may be lawful to and for fuch Perfon or Perfons, fo mV'appeal to the Quar- finding him, her or thernfelves aggrieved by fuch Judgment or Order, to appeal from the fame to the ter Seffions, Juftices aflembled at the next General Quarter Seffions of the Peace to be holden for the County, and the Determination of Shire, or Stewartry, where fuch Judgment or Order fhall have been made ; which faid Juftices of the laid Court is to be the Peace, or the major Part of them, are hereby im powered to hear and finally determine the final - fame ; and no Writ of Certiorari fhall be allowed or brought to fet afide any Determination of the faid Juftices. Appellants to give No- XXV. And be it further enacted by the Authority aforefaid, That the Party or Parties fo ap- tke to the other Parties, pealing fhall give Notice in Writing by the Space of fix Days next before fuch Seffions fhall be held as aforefaid, to the Party or Parties of the other Side of his, her or their Intention to bring fuch and Court to award Appeal ; and that it fhall and may be lawful to and for fuch Juftices, or the major Part of them, in their Quarter Seffions, to awards Cofts to either Party as they (hall in their Difcretion think fit, to be levied by Warrant of the Juftices of the Peace of fuch County, Shire, or Stewartry, or any two or more of them, on the Goods and Chatties of the Party or Parties againft whom the fame fhall be awarded. For Want of fufficient XXVI. Provided always, That in cafe there be not the Space of fix Days between the Time intervening, Ap- firft Judgment or Order of the two Juftices, and the Quarter Seffions then next following, peal may be made to the t hat then the Appeal may be made at the fecond Quarter Seffions after fuch Judgment or Order fecond Quarter Seffions. ma( j e A Re-hearing to be had XXVII. And be it further enafled by the Authority aforefaid, That upon each and every fuch of the Merits of the Appeal and Appeals, the Juftices aflembled at fuch Quarter Seffions refpeclively, fhall and may pra- a e upon ppea s, cee j tQ re j iearj re-examine and reconfider the Truth and Merits of the Farf/t and Fadts in Queftion between the Parties to fuch original Judgment and Judgments refpe£tively, and to re-examine the Witneffes thereto upon Oath ; and that thereupon the faid Juftices fo aflembled fhall and may and Defects of Form in finally determine of and concerning the Truth and Merits of the Fa£t and Fails in Queftion ; anil the original Proceedings if at fuch Quarter Seffions any Defedf. or Defefts of Form fhall be found in fuch Proceedings may be rectified by the before the particular Juftices who gave fuch original Judgment or Judgments, that then and in Court * every fuch Cafe, fuch Defect or Defects of Form fhall and may be rectified by the Order or Orders of fuch Juftices fo aflembled in fuch Quarter Seffions. All Powers, Rules, Me- XXVIII. And be it further enacted by the Authority aforefaid, Tnat all and every the Powers, Waufes^rAc'Ycar Autno " ties > Rules, Methods, Penalties and Forfeitures, Claufes, Matters and Things, which in or TnamT other Artre-' an< ^ ^y an Act made in the twelfth Year of the Reign of King Charles the Second, intituled, An lating to the Revenue of A& for taking aivay the Court of Wards and Liveries, and Tenures in Capite, and by Knights Service Excife, and. Purveyance, and for fettling a Revenue upon his Majefty in lieu thereof or by any other Law now in Force relating to his Majefty's Revenue of Excife upon Beer, Ale, or other Liquors, are provided, fettled or eftablifhed for fecuring, enforcing, managing, raifing, levying, collecting, paying, miti- gating or recovering, adjudging or afcertaining the Duties or Penalties thereby granted, and for pre- Art to be uTfnl ytWS ventin S detecting and punifhing Frauds relating thereto (not otherwife altered by this Aft) fhall be tion with reflect" toThe" exerciied, practifed, applied, ufed, impofed, levied, recovered, and put in Execution, for the fe- Duties on Cyder and curing, enforcing, managing, raifing, levying, collecting, paying, mitigating and adjudging, afcer- Verry. taining and recovering the Duties on Cyder and Perry, and Penalties hereby granted, and for pre- venting, detecting and punifhing Frauds relating thereto, as fully and effectually, to all Intents and Purpofes, as if all and every the faid Powers, Authorities, Rules, Directions, Methods, Penal- ties and Forfeitures, Claufes, Matters and Things were particularly repeated and again enadted in the Body of this prefent ArSt. ■How the Penalties and XXIX. And be it further enacted by the Authority aforefaid, That all Fines, Penalties and fheKToTetobe"e S co- Forfeitures impofed by fuch Part of this Aft as relates to Cyder and Perry, fhall be fued for, levied, vered, mitigated, and ap. recovered or mitigated, by fuch Ways, Means and Methods, as any Fine, Penalty or Forfeiture applied, is or may be fued for, recovered or mitigated by any Law or Laws of Excife, or by Attion of Debt, Bill, Plaint, or Information, in any of his Majefty's Courts of Record at Wejiminfter, or in the Court of Exchequer in Scotland refpectively ; 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 or them who, fhall difcover, inform, or fue for the fame. ' XXX. And whereas the Duty by this AtSt impofed on Cyder and Perry, is required to be paid s by th; Makers thereof : And whereas in the Cafe of Importation of Cyder or Perry from the Duty on Cyder and Perry ' cannot be charged with the faid Duty ;' Be it therefore ena&ed by the Authority aforefaid, That brought from Jerfey, Guernfey, Sark, or Aldctney, to be paid by the Importer before Landing, the
 * Illands of jerfey, Guemfey, Sari, or Alderncy, the Makers of Cyder or Perry imported from thence