Page:Ruffhead - The Statutes at Large - vol 4.djvu/67

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A. D. 1699; Anno decimo 8c undecimo Gulielmi III. C. 21. 21

  • whereby the Recovery of thofe Penalties are not only tedious and chargeable, but troublefome and
  • vexatious, by Multitudes of popular Aftions and Informations brought by common Informers :' For the

preventing wrhereof, and more eafy and fpeedy recovering the pecuniary Penalties inflifted by the faid A6f, be it further ena£led by the Authority aforefaid. That from and after the tenth Day of May one thoufand Penalties in the fix hundred ninety-nine, it fhall and may be lawful to and for any two or more of the Juftices t>f thef-^a^ther Aftniay Peace, refiding near to the Place where any fuch Forfeiture fliall be made, or Offence committed, to hear two Juftices of and determine the fame, who are hereby authorized and required, upon any Information exhibited orp^^J^ ^^ brought for any of the pecuniary Penalties by the faid Aft inflifted, to fummon the Party accufed, and who may fum- alfo the Witnefles on either Side, and upon the Appearance, or Contempt of the Party accufed in not ap- mon the Party, pearing (upon Proof of Notice given) to proceed to the Examination of the Witneffes upon Oath (which ^"^"""^ '^■t- Oath they are hereby impowered to adminifter) and to give Judgment or Sentence accordingly ; and "^j";"" j^j ' where the Party accufed fhall be convifted of the Offence alledged againft him, to award and ifluc War- ^^^^_ rants under their Hands for the levying of fuch Penalty or Penalties on the Goods of the Offender, and Penalty rn be k- to caufe Sale to be made thereof, in cafe they fhall not be redeemed within fix Days, rendering to the vied on OfFea- Party the Overplus, if any be ; and if either Party ftiall find himfelf aggrieved by the Judgment of the ^* Goods, faid Juftices, then he or they may appeal to his Majefliy's Juftices of the Peace, at the next Quarter- „^ay^aS'"^ Seffioiis, in like Manner as by the faid recited Aft is mentioned in cafe of Appeal. E XP. _ XXVI. Provided neverthelefs, That it fhall and may be lawful to and for the faid refpeftive Juftices, Juftices may mi- where they fhall fee Caufe, to mitigate or leffen fuch Penalty, in fuch Manner as they in their Difcretion t'gate the Pe- fhall think fit, the reafonable Cofts and Charges of the OiRcers, as well in making the Difcovery, as in "y* the Profecution of the fame, being always allowed over and above fuch Mitigation, and fo as fuch Miti- gation do not reduce the Fine to lefs than one fourth Part thereof, over and befides the faid Cofts and Charges ; any thing in the faid recited Aft to the contrary notwithftanding. ' XXVII. And whereas by one Aft made in the twelfth Year of the Rtign of King Charles the Se- nCar.z. 0.14.

  • cond, a Duty of Four-pence was impofed upon every Gallon of Strong Waters perfeftly made, im-

' ported from beyond the Seas, to be paid for ever; and by one other Adt, made in the fecond Year of » W. & M. ff. i. ' the Reign ot his prefent Majefty, and the late Queen of bleffed Memory, the like Duty of Four-pence '^" 3- ' />fr Gallon thereupon, is payable during his Majefty's Life ; and by another Aft, made in the fourth 4W.&M. c. 5. ' Year of their faidMajefties Reign, there is a Duty of Six-pence impofed upon every Gallon of Single ' Brandy imported, and a Duty of Twelve-pence on every Gallon of Double Brandy irhported, for the ' Term of ninety-nine Years, commencing on the twenty-fifth Day of July one thoufand fix hundred

  • ninety-two ; and by one other Aft made in the fifth Year of their laid Majefties Reign, there is a Duty 5W. &M. c.7,
  • of two Shillings impofed upon every Gallon of Single Brandy, and four Shillings upon every Gallon of
  • Double Brandy imported, for the Term of fixteen Years, commencing the feventeenth Day of May
  • one thoufand fix hundred ninety-feven ; and by one other Aft made in the fame Year, there is a Duty rW, & M. c 20.
  • of Six-pence upon all Single Brandy, and one Shilling on all Double Brandy imported, granted in Per-

' petuity; all which Duties upon Single Brandy do amount to three Shillings and Eight-pence for every ' Gallon, and upon Double Brandy to fix Shillings and Eight-pence for every Gallon for the Excife there-

  • of, over and above other Duties which are payable for the Cuftoms of the fame : And it is neverthelefs
  • doubted, that by the general Words of an Aft of Parliament, made in the eighth Year of his Majefty's
  • Reign, intituled. An A£i for making good the Deficiencies of fever al Funds therein mentioned, and for enlarging 8 W. 3, e. 20,
  • the Capital Stock of the Bank of England, and for raijing the Publick Credit, a further Duty of two Shil-

' lings tor every Gallon of Single Brandy, and of four Shillings for every Gallon of Double Brandy im-

  • ported (which had been granted in the fourth Year of the Reign of his Majefty and the faid late Queen)

' were and are (in ftriftnefs) impofed or chargeable from the laft Day of February one thoufand fix hun-

  • dred ninety-fix, until the firft Day of Augujl, which fhall be in the Year of our Lord one thoufand

' fevcn hundred and fix, which (if required or infifted upon) would amount to a Prohibition of the faid

  • Commodities ;' Be it therefore enafted and declared by the Authority aforefaid. That the faid Aft, For Act 8 W. 3.

making good the Deficiencies of feveral Funds therein mentioned, and for inlarging the Capital Stock "^^ ^°- """^ ^^ of the Ba}ik of England, and for raifing the Publick Credit, or any thing therein contained, fhall not '"^^n^ubk Bran- extend, or be conftrued to extend to charge Single Brandies imported with the laft mentioned Duty of jy^,°f, theDu" two Shillings for every Gallon, or Double Brandy imported with the laft mentioned Duty of four Shil- ties 012 s. and 4s, lings for every Gallon, or any Part thereof, from the Commencement or during the Continuance of the per Gallon. Aft laft mentioned ; any thing therein contained to the contrary notwithftanding, XXVIII. And be it enafted by the Authority aforefaid. That there fhall be raifed, levied, collefted, and paid unto and f -r the Ufe of his Majefty, his Heirs and Succeffors, for all Cynders made of Pit Duties to be paid Coal, which at any Time or Times, during the Term of four Years, commencing from the fifteenth J" ^^"^"^ '^"'^ Day of May one thoufand fix hundred ninety-nine, fliall be fhipped, or water-born in order to be '^"^' fhipped, within the Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, or 5s. per Chalder, brought into the fame, the Sum of five Shillings, of lawful Englifi} Money, for every Chalder, reckon- ing the Chalder to confift of thirty-fix Bufhels (Vinche/hr Meafure, and after that Rate for a greater or klTer Qiiantity, to to be paid at the refpeftive Ports arid Places of Importation or Landing of fuch Cyn- ders, and to.be charged upon the refpeftive Owner and Owners, Mafter and Mafters, or other Perfons, to be charged having the Charge of the Ship or Veflel in which the faid Cynders fhall be carried, imported, or brought; and on the Owner, that the faid Duties upon Cynders fhall be under the Management and Government of the Commiffioners of Duties to be the Cuftoms for the Time being; and fhall be raifed, levied, and collefted by fuch Ways and Means, and ""7 M^r age- under thelike Penalties and Forfeitures, and with fuch Allowances, and according to fiich Rules and Me- co'i- mffion. - 3 thods, as in and by an Aft of Parliament made in the ninth Year of his Majefty's Reign, intituled. An ASt J'lh^ Cuft" n ?, for 9W. 3. c, 13.