Page:Ruffhead - The Statutes at Large - vol 3.djvu/401

A. D. 1670. Anno vicefimo fecundo & tertio Caro'li II. C. 5. 353 impofed, as he or they could have had, ufed or exercift-d, for the better Ordering, Colleding, Levying or Securing any fornner Rates or Duties of Excife whatfoever. Fines an>l For- Vil. And it is further declared and enacted. That all Fines, Penalties and Forfeitures, which (hall be in- '"^'V"'" " >"= curred by Reafon of any OfFence committed againft this Aift, (hall be imploycd, one Moiety thereof to the 'i^^" °"°. Ufe of the King's Majelty, his Heirs and Suceeilbrs, another Moiety thereof to him or them that fliall or M!'-/h.'°and' virill inform or iue for the fame. ihe'oths'r to him VIII. Provided neverthekfs. That it fhall and may be lawful to and for the Juftices of Peace, Commif- 'hat wiUiue for fioners of Excife or any Two of them, or their Sub-Commiflioners refpe6tively, from Time to Time, ""^ '^'^'• where they fhall fee Caufe, to mitigate, compound or leiTen any Fine, Forfeiture or Penalty, which fhall "^^ J""'"^ "> as by fuch Mitigation the fame be not made lefs than double the Value of the Duty of Excife, which 'h-.v I'teCaui^^ {hould or ought to have been paid, befides the reafonable Cofts and Charges of fuch Officer or Officers, or fi^" the fame be others as were imployed therein, to be allowed unto them by the faid Juftices or Commilfioners ; any Thing "i^j„"d^'!,"bie'the- in this Aft contained to the contrary notwithfranding. Duty befides IX. And for the better Levying and Collefling the Duties of Excife upon all fuch foreign and imported Cofis. Liquors for which Excife ought to be paid ; [z] It is further enafted by the Authority aforefaid, That no Foreign imported fuch foreign or imported Liquors fhall be landed or put on Shore before due Entry be frrft made thereof with exe-.feable Li- the Officer or Collector appointed for the Excife, in the Port or Place where the fame fliall be imported, or J'™jL""n'^ ^^ before the Duty of Excife due and payable for the fame fhall be fully fatisfied and paid : And that every ^^j^ and the*' Warrant from any Officer or Officers of the Cuftoms, for the Landing or Delivering of any fuch foreign Duty 'paid. Liquors, fhall be figned by the Hand of the faid Officer or Colleftor of the Excife in the faid Port or Place Warrants from refpe£tively ; (3) upon Pain, that all fuch foreign Liquors as fhall be landed or put on fliore, or delivered f*"^ °'^"^° contrary to the true Intent and Meaning of this Aft, or the Value thereof, fhall be forfeited and loft, one Deliver?" ™f ^h' Moiety thereof to the King's Majefty, the other Moiety to him or them who (hall or will feize, inform or foreign Lfqu'ors fue for the fame ; to be recovered of the Importer or Proprietor thereof. to be figned by' X. And for the better Prevention of fuch Frauds as are daily praftifed to defeat his Majefly of the Du- the Colieftor of ties of Excife which ought to be paid for Ale and Beer; (2) It is further enafted-by the Authority afore- '^^"^^■ faid. That if any Perfon or Perfons inhabiting in any Market-Town, or in any City or Town Corporate, Liquorsdelivered or Parts adjoining to any City or Town Corporate, where there is or fhall be a common Brew-houle, ha- intenTof°Iiis^ ving and lawfully ufmg any private Brewing-vefTels, for the Brewing and Making of Beer or Ale, to be Aa to be for- fpent aitd confumed in his or their private Families, (hall permit and fufier any Beer, Ale or Worts to he feiteH. brewed there in their refpeftive Houfes, Out-hoiifes, or other Place thereunto adjoining, other than for f^ff^s inhabit, their refpeftive Families, Servants, Labourers, or to other Perfons by Way of Charity, Hofpitality or Free- '"i^'" ^ Market- gift, or (hall lend out any of their Brewing-vefTels, other than which are moveable and unfixt, to be made ^^^^^ j^ ^ ^^^_ ufe of by any other Perfon or Perfons, not being of his or their Family, for the Brewing of Beer or Ale for mcnBrewhoufe, the Ufe of any other Perfon or Perfons, then fuch Perfon or Perfons (liall forfeit for every fuch Oilence the raaynoi: lend Sum of fifty Pounds, to be recovered by Bill, Plaint or other Information in any Court of Record; (3J thcupn'/ate and the Profecution of fuch Aftion to begin within fix Months after the Faft committed, and to be tried o|.'ft'^^"tn^'^Ai ' within the County where the faid OfFence is committed, and not elfewhere, wherein no Efioin, Protec- Becr'orWortsto tion or Wager in Law to be allowed : (4) And one Moiety of fuch Forfeiture to be to the King's mod: Ex- be brcwcdthere- cellent Majefly, his Heirs and Succeflbrs, and the other Moiety to him or them that fliall inform and fue for in, other than for the fame. their own Fami- hes. Unlefs npon Penalty of 50 1. for lending any Brewing. ved'els in any fuch Places, unlefs fuch as are moveable and unfixt, XI. And for the Avoiding of Frauds and Deceits by reafon of Brewing of Beer, Ale, or Worts of an For avoiding extraordinary Strength, and afterwards mixing the fame with Small Beer, Ale or Worts, after the Gauge f^^J*^ 'v 'X"'" thereof taken ; (2) Be it further enafted by the Authority aforefaid. That no Retailer of Beer or Ale, '"j^^^'^^'J^^^"'^ (hall after the Receipt thereof from the common Brewer, mix any Beer, Ale or Worts of extraordinary after the Gauge' Strength, with any Small Beer, Ale or Worts, in any Veffel or 'i"ub containing three Gallons or more, taken. upon Pain to foifeit for every Barrel fo mixt, double the Duty of Excife for Strong Beer or Ale, and fo Double the Duty proportionably for any greater Qiiantity ; to be heard, adjudged and determ.ined before the Juflices of the '° be forfeited Peace and Commiffioners refpeftively, as is done in other Caies before them upon Breach of the Laws q( ^'^' ^^,"y ^^ Excife; and all Forfeitures for tlie fame fhall be levied, recovered and difpofed, as by thofe Lav/s are di- j^Ptj;;^^^^ refted and appointed : ( ^ ) And the faid Juftices and Commiffioners refpeftively, are hereby impov/ered and Perfnns refufing authorized to fummon Evidence for Difcovery thereof, other than the Party or Parties accufed ; and upon ;o give F.vidence Refufal or Negleft of any Perfon fo fummoned to give Evidence when he and they fliall be thereunto re- for Difcovery quired, every fuch Perfon fo refufing fhall forfeit and lofe for every fuch Offence, any Sum of Money not ^'J"'^' '° ^^ exceeding forty Shillings, to be impoied and levied, recovered and difpoled, as other Pen.alties againft the '"^'^ ' faid Laws for the better Collefting and Recovering the Duty of Excife. XII. And provided alfo, and be it further enafted. That no Inn-keeper, Vii^ualler or other Retailer of R<='=er3 not to Beer or Ale, (hall at any Time hereafter, during the Continuance of this Aft, be fjed, impleaded or mo- ^^ "^jf^^^^l^fg lefted, by sny Indiftment, Information or popular Aftion, or otherwife, for felling or uttering any Beer f"^?'^-^",;,^^™^"^^ or Ale at' any other or higher Prices than the Prices heretofore limited and appointed ; any Thing in this Aft B;er at higher or any other Law or Statute to the contrary notwithftanding. Prices than hcre- XIII. Provided always, and be it enafted. That if any Perfon or Perfons fhall at any Time be fucd or lofore appointed, profecuted for any Thins; by him or them done in Purfuance or Execution of this Aft, he or they (hall and may plead the General Ifl'ue, and give this Aft in Evidence for their Defence; and if upon the Trial a Vol, III. Zz Vcrdicl