Page:Ruffhead - The Statutes at Large - vol 4.djvu/131

A. D. 1701. Anno decimo tertlo Gulielmi III. C. 5. (^5) levying, collecting, recovering and paying, as well the faid Duties upon Malt, as the feid feveral Duties upon Mum, Cyder and Perry, hereby granted, during the Continuance of this Ad, as fully and eftecui- ally to all Intents and Purpofes, as if all and every the laid Powers, Authorities, Rules, Directions, Me- tiwds, Penalties and Forfeitures, Claufes, Matters and 'l"hings v/ere particularly repeated, ajid again eijafted in the Body of this prefent Aft. And be it further enaifed by the Authority aforefaid. That all Fines, Penalties and Forfeitures by this Fim tnotal"!. A& impofed, (hall be fued for, levied and recovered by fuch Ways, Means and Methods, as any Fine, recnercJ. Penalty and Forfeiture is or may be recovered by any Law or Laws of Excife, or by Aftion of Debt, Bill, Plaint or Information in any of his Maj-fty's Courts of Record at JVeJlminJler ; and that one Moiety of every fuch Fine,, Penalty and Forfeiture fhall be to his Majefty or his Heirs and SuccelTors, and the other Moiety to him or them that fliall difcover, inform or fue for the fame. And be it further enadfed by the Authority aforefaid, That all Malt in the Cuftody of any Maker of MaUfuhjr^t ta Malt {hall be liable and fubjedt to, and are hereby made chargeable with all and fingular the Debts and '^^ Duuts m .-ir ■ Duties of Malt in arrear and owing by any Perfon or Perfons, for any Malt made by fuch Malftcr, or ""■ within his Malt-Houfe, and fhall alfo be fubje£l: to all Penalties and Forfeitures incurred by fuch Perfon or Perfons fo ufing fuch Malt-houfe, for any Offence againft the Laws relatingto the Duties on Malt ; and that it fliall be lawful in all Cafes to levy Debts and Penalties, and ufe fuch Proceedings againft fuch Malt, as i^ may be lawful to do in Cafe the Debtor or Offender were the true and real Owner of the fame Malt. And whereas many of his Majefty's Subjefls do make Malt not tcrttll or make any Profit thereof, but to be confumed in their own private Families only ; for the better Accommodation of fuch Perfons, It is Compounders n hereby further enadled and provided by the Authority aforefaid. That the faid Commiffioners of Excife Aiy 5-'-?«W^4- for the Time being, or the major Part of them, or fuch Perfon or Perfons as they, or the major Part of /" •^'""""' them fhall appoint for that Purpofe ; and in Default of fuch Appointment, then the Collector and Su- pervifor for the Diffrict and Divilion, within which fuch Perfon doth or fhall inhabit, fliall and may compound and agree with fuch Perfon or Perfons for the faid Duties of fuch Malt, which fhall grow due or payable from him, her or them by this Aft, until the End of the Term hereby granted, at the Rate of five Shillings per Annum, for every Head, which at any Time or Times, during th"e Continuance of fuch Compofition, fhall be of the Family of fuch Perfon or Perfons refpeftively, and to receive fuch Com- pofition Money, or to take fecurity for the Payment thereof quarterly ; and that the Houfes, Out-houfes, Malt-Houfes, or other Places of fuch particular Perfons making fuch Compofition and Agreement, and paying fuch Compofition in Money, or giving fuch Security, and duly complying with their Payments thereupon, Ihall not be liable to the faid Duty of fix Pence per Bufhel upon Malt, or to the Sur- '""'"°"'^*' vey or Search of any Gauger or Officer of the Excife, for or by reafon of his or their making fuch '*^^ ^'^'^^'^ "Z- '1 Malt, as aforefaid. . Caugm? . Provided that if any fuch Perfon, after fuch Compofition made, fhall fell, exchange, barter or deliver out any Malt to any other Perfon or Perfons, or fhall permit any other Perfon or Perfons to make any Malt in his, her or their Houfes or Out-Houfes, or fhall fell any Beer, Ale or other Liquors made oi Fen.ilfy on feuing Malt, or fliall have more Perfons of their Families than they fhall fo compound for, without giving No- I^iakafn,- am- tice of them to the next Office of Excife, at or before the next Qiiarter-Day, and paying or fecuring /"-/"•""• the like Compofition for them, then every fuch Perf> n fhall forfeit the Sum of five Pounds, to be reco- vered and diftributed, as aforefaid ; and after any fuch OiFence committed, fhall lofe the Benefit of his, her or their Compofition, and fhall be liable to the faid Duty of fix Pence a Bufhel upon Malt,, and to the Survey 'and Search of the faid Officers, as if no fuch Compofition had been made ; and for every Bufhel of Malt fo fraudulently fold, exchanged, bartered, delivered out, or fraudulently made, every fuch Perfon fhall forfeit the Sum of twenty Shillings ; any Thing in this Aft to the contrary not- withftanding. And in regard the Quantity of Barley, or other Corn or Grain, taken by the Gauge in any Ciflern,. Uting-Fat, or. other Veffel or Utenfil, wherein fuch Barley, or other Corn or Grain fliall be fouiid wef- ting or fteepirig, or which fliall be found to have been wetted or fleeped for the making of Malt, is by this Aft to be charged and returned by the Gauger, as fo many Bufhels of Malt : It is hereby further enafted by the Authority aforefaid. That out of every twenty Bufhels fo charged by the Gauger, theve ji^ Alhioante tf fhall be an Allowance made to the Maker of the faid Malt of four Bufliels, and out of ever-y greater or 4 Bujhch, lefler Quantity, a proportioriable Allowance fhall be made in Confideration of the Difference between the Quantity of fuch Corn when it is wet and fwoln, and the Qiiantity thereof, when it is converted into dry Malt ; any Thing herein contained to the contrary notwithflanding. And be it further enafted by the Authority aforefaid. That it fliall and may be lawful to and for any Perfon or Perfons, who fhall have aftually paid his Majefty's Duties by this Aft payable for any Qiian- tity of Malt whatfoever, and to and for any other Perfon or Perfons, who fhall buy or be lawfully inti- tuled to any fuch Quantity of Malt from the faid Perfon or Perfons who aftually paid his Majefty's Du- ties for the fame, to export fuch Malt for any Foreign Parts (Scotland excepted) giving fufficient Security BufyldngpaU before the Shipping thereof for Exportation, that the particular Quantity of Malt, which fhall be intended ^'^"'l' "'"y *' «- to be exported, as aforefaid, or any Part thereof, fhall not be relanded, or brought again into any Pa.rt^^"f '^"f! '° or Parts of this Kingdom of England, Dominion of Wales, or Tov/n of Beriulck upon Tweed, which. Se- s°m'h-/f%'^Ex- curity the Cufloqier or Cglleftor of the refpeftive Port for fuch Exportation, is hereby direfted and a.x-pormkn, thorized to take in his Majefty's Name^ and to his Ufe^ Provided