598 C. 14. Anno feciindo Georgii III. A. D. 1761. Recital of Claufe in Aft * HI. And whcrcas by a Claufe in an A61 of Parliament pafled in the firft Year of the Reign of his I Geo. 3. <•• 7. * prefent Majefty, intituled, An A£i for granting to his Majefiy^ an additional Duty upon Strong Beer and Ale ; and for raifmg the Sum of tzvehe mi/ltons by ivay of Annuities^ and a Lottery^ to be charged on the f aid Duty and for further encouraging the Exportation of Strong Beer and Ale it was provided and en- rfted. That all the Rules, Regulations, Directions, Powers, Penalties, Forfeitures, Claufcs, Mat- ters and Things, which, by ai^ A<5t made in the then laft Sefiion of Parliament (intituled, An ASt effettually
- fecuring the Duties payable uf-on Spirits y and preventing the fraudulent Re- fending or Importation thereof )
- were provided, fettled, eftablifned, and infliiled, for and in rcfpe6l to the paying and allowing the
' Drawback and Bounty thereby granted upon Spirits exported as Meichandize, and for preventing,
- detedting, and punifinng Frauds and Abufes in the Re-landing the fame, and all other Frauds and
- Abufes previous to the Shipping, or relating to the Exportation of fuch Spirits, and the obtaining
' fuch Drawback and Bounty, not otherwife thereby altered, fhould, except fuch Parts as relate to
- the Size of the Cafks, and Burthen of the Ships or VciTels, be exercifed, pradtifed, applied, levied,
' recovered, and put in Execution, for paying and allowing the Drawback and Bounty thereby granted
- upon ]]ier and Ale, and for preventing, dete<Sling, and punifliing Frauds and Abufes in tUe Re-
- landij" .-: fuch Beer or Ale, and all other Frauds and Abufes previous to the Shipping, or relating to
' the Ji';iortai:ion thereof, and the obtaining of the faid Drawback and Bounty, as fully and eft'ec- ' tually, io ..11 Intents aud Furpofes, as if all and every the faid Rules, Regulations, Directions,
- Powers, Penilties, forfeitures, Claufes Matters, and Things were particularly repeated, and again
' re-ena6led, in ihe Body of the faid recited A6t : And whereas it is found by Experience, that the
- like Pvules, P.eguijMons and Diredions, which are eftablifbed for enforcing the due Exportation of
- Spirits, are not necciiaiy to enforce the due Exportation of Strong Beer or Ale, but are found to
The recited Claufe re- * be inconverjic'-i ;' Be it therefore enabled and declared by the Authority aforefaid. That, from pealed. and after the palfing of this Aft, the faid recited Claufe, and every Article, Matter, and Thing therein contained, (hall be and are hereby repealed, and made null and void. Provifion in A£t I Will. ' IV. And whercas the Provifion eftablifhed by an AGt of Parliament made in the firft Year of the & Mary, 65^. i. c. zz. « Reign of their late Majefties King JVilUam and Queen Mary^ intituled. An A St for the Exportation
- of Beer ^ Ale., Cyder and Mum ; for preventing the Re- landing the faid Liquors /hipped in any Vefel for
- Exportation^ as Merchandize ; extends only to the re-landing fuch Liquors within the Kingdom of
- Er:gla)'.dy Dominion of //^/a, 2.^^Yov^' q{ Berwick upon Tweed: And whereas it is necellary that
' the faidPiovifion fliould be amended and enforced, and extended to all Parts oi Great Britain ;' Be it therefore enacted by the Authority aforefaid. That from and after the twenty-fourth of June one AH Beer, Ale, Cy<ler, thoufniid fcven hundred and fixiy-two, if any Merchant or Mafter of any Ship or Veflcl, or other ^ni Mum, which /hall Perfon, fliall caufc or fuft'er any of the faid Liquors, which Ihall be (hipped for Exportation as Mer- bc re-landc-d, &c. sfier ^JiantJi-^e, to be unfliipped, unladen, or laid on Land, or put into any other Ship or Veffel within mion,tS. farSeX* ^'^^^ Kingdom of G;v^/ Britain, he, (lie, or they (liall forfeit the fame, tooether with the Cafks and svith 50I. tor every ' Package containing the fame, and alfo the Sum of fifty Pounds for every Cafk of fuch refpeClivc Li- Cdik theieof. quor hc, flie, or they (hall fo unduly unfliip, unl.'de, or lay on Land, or put on board any other Ship or Vefl'el j which faid rclpeCtive Liquors fo unduly unfliipped, unladen, or laid on Land, or put on board any other Ship or Veflel, fliall and may be feized by any Officer or Officers of thcCuftoms or Excife. Recovery and Apulita- V. And be it further enafted and declared by the Authority aforefaid. That all Fines, Penalties, ton of Penalties. and P'orfeitures impofed by this Aft, fl^iall be fued for, levied, recovered, or mitigated by fuch ^Vays, Means and Methods, as any Fine, Penalty, or Forfeiture is or may be recovered or mitigated by any Law or Laws of Excife, or other Duties, under the A'lanagcmcnt of the Commiffioners of Excife, or by Aftion of Debt, Bill, Plaint, or Liformation in any of his Majefty's Courts of Record at JVtfl- niinjler, or in the Court of Exchequer in Scotland refpeftively ; and that one Moiety of every fuch Fine, Penalty or Forfeiture, fhall be to his M.ajefty, his Heirs and SuccefTors, and the other Moiety to him or them who fliall difcover, inforn-", or fue for the fame. VL And be it hereby further enabled by the Authority aforefaid, That if any Perfon or Perfons fliall be fued, moleik'd, or profecutcd for any Thing done by virtue or in purfuance of this Aft, fuch General liTue. Perfon or Peifons (hall and may plead the Cieneral Ifl'ue, and give this A6t and the Special Matter in Evidence, in his or their Defence or Defences ; and if afterwards a Verdift (hall pafs for the De- fendant or Defendants, or the Plaintiff" or Plaintiff's Ihall difcontinue his, her, or their Aftion or Action'-, or be nonfuited, or Judgment (hall be given againft him, her, or them, upon Demurrer, or Treble Cofls. othcrvvife ; then fuch Defendant or Defendants Ihall have treble Cofts awarded to him, her, or them, againft fuch Plaintiff' or Plaintiff's. CAP.
