Page:Ruffhead - The Statutes at Large - vol 8.djvu/453

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A. D. 1759. Anno tricefimo tertio Georgii IT. C. 7. 419 in all Charges for Duty to be made ,by the Officers of Excife from the Ciftern or Couch, to al- low to the Malfters and Makers of Malt, four Buftiels in every twenty Bufhels, and fo proportj- onably upon every greater or lefler Quantity, in Confideration of fuch Rife or Swelling of the Cornj which Allowances have been, and are made accordingly: And whereas many Malfters or Makers of Malt, do continue their Barley or other Corn or Grain in the Ciftern, Uting-fat or other Veilel, but a very {hort Time after the firft Wetting of the fame, whereby the Rife or Swelling as aforefaid, is much prevented, and beareth not a due Proportion to the laid Allowance- given on Account of the Rife and Sv^elling thereof, by which Means fuch Malfters not only ob- tain the Allowance aforefaid in the Ciftern or Couch, although the Reafon for making the fame i.3 in a great Meafure taken away, but alfo referve to themfelves a further Advantage, by fwelling the Corn after it has been gauged and charged in the Couch, by means of watering it on the Floor, where it has the Allowance of ten Buftiels in twenty, which Pra(3^ices are greatly detrimental to the Revenue and fair Trader;' Be it therefore further enaited. That if from and after the faid Malfter not f^tfTrirg tl>c eighth Day of February one thoufand fcven hundred and fixty, any Malfter or Maker of Malt, du- Grain in the cidem ot ring the Continuance of the Duties on Malt, fhall not wet or fteep his Barley, or other Corn or ^J'"° ^"^f ^^-^ '^"'^"j'* Grain, intended to be made into Malt, in the Ciftern, Uting-fat or other Veftej, fo as that the ^ame "J^"^,;^ '^1^^^^^ ^^^"^^1^^,^, fhall be covered v/ith Water, and continue fo covered in fuch Ciftern, Uting-fat or other Veftel, for is not intiilea to the ' the full Space of forty Hours from the Time of its being firft v/et and covered with Water as afore- uiuai Allowance of 4 faid, before he Ihall drain or take, or draw the Water from the fame; fuch Malfter or Maker of ^""'^'s in 20, in charg- Malt, fliall, in fuch Cafe, not^be intitled to the faid Allowance of four iiuftiels in every twenty, i„ ingth^Duties by Gauge-, charging the faid Duties by Gauge, either in the Ciftern or Couch ; any thing in this or any for- '^^'f^'^#"' '^"•f"*^^ ^y mer Adl or A61s contained to the contrary in any wife notwithftai^.ding. ^ to. 3.1. 13, ' LXXI. And whereas feveral Bills commonly called Exchequer Bills, feveral Tickets comm.only

  • called Lottery Tickets, feveral Orders and Certificates made forth in lieu of the faid Lottery Tickets,

' and likewife for Annuities of divers Kinds, payable at or near the Receipt of his Majeicy's Exche- ' qucr, as alfo feveral Receipts of the Cafhiers of the Governor and Company of the Bank of Etig-^ ' laud, or fomc of them, for Monies contributed there for the Purchafe of Annuities transferrable

  • in the Books of the faid Governor and Company, or for other Monies payable tiiere in purfuance
  • of A(5ls of Parliament, have, by Cafualty or Mifchance, been loft, burnt or otherwife deftroyed ;
  • which Exchequer Bills, Lottery Tickets, Certificates, Receipts, Annuity Orders, and other Or-
  • ders of the refpe6tive Denominations aforefaid, were made forth by and in purfuance of feveral

' A£ts of Parliament in that Belialf;' Be it therefore ena<fted by the Authority aforefaid, That in where It (hall appear by all Cafes where it ftiall appear by Affidavit to be made before any or either of the Barons of the Ex- Affidavit before- the Ba- chequer for the Time being (who ftiall interrogate the Deponent thereupon) to the Satisfadion of "hs of the Exchequer, fuch Baron or Barons, that any fuch Exchequer Bills, or any fuch Tickets, Certificates, Receipts, Lo't'Jy"^.nrL.^''x' ^'"^' Annuity Orders or other Orders as aforefaid, before the firft Day oi May one thoufand leven hun- . ° ^^^ 'f 'ets, -c. dred and fixty, have been, are or ftiall be, loft, burnt or otherwife deftroyed, or that there be good ot^her-.v^fe"deftroyH *"^ Reafon to believe the fame have been burnt, loft or otherwife deftroyed, it ftiall and may be lawful ^.j^^ ^.^^^ ^j,.^ / for the refpedtive Officers and Perfons appointed to ifilie or make forth fuch Exchequer Bills, 'i'ic- the producing 'o Viiema kcts. Certificates, Receipts, Annuity Orders or other Orders, or to pay or difcharge the fame, or Cenifica e thereof from to ifTue any Monies due or payable thereupon, upon producing a Certificate from any of the faid the Barons, and Security Barons of fuch Affidavit made before him (which Affidavit the faid Barons, or any or either of them, is I""" ^]^'='|^.' '*'"^ to n-ialte and are hereby authorized to take, and which Certificate he or they is or are hereby required to make f°^j b'hs ^^T" and grant without Fee or Reward) and on Security given to the faid refpe6tive Officers and Perfons to their good Liking, to indemnify them refpe6lively againft all other Perfons whatfoever for or concerning the Monies fpecified in, or due upon, fuch refpecVive Bill or Bills, Ticket or Tickets, Certificate or Certificates, Receipt or Receipts, Order or Orders, they the faid Perfons refpeclivcly ftiall and arc hereby required to make forth Duplicates of the faid Bills, Tickets, Certificates, Receipts and Orders, at the Requeft of the refpe£tive Owners, and to pay, fatisfy and difcharge the fame, and all and payoffi.he hwtti'X fuch Intereft as is or fhall be due on any of them carrying Intereft, or to make forth Stock or tranf- diie thereon, ferrable Annuities in lieu of fuch Receipts as he or they fhould have paid, fatisfied or difcharged, or made forth on the faid original Bills, Tickets, Certificates, Receipts, Annuity Orders or other Or- ders, if the fame had been produced, and fhall be allowed all fuch Payments, Sum or Sums of Mo- ney, in their refpecfive Accounts; and in all Cafes where the Signing of the Commiffioners of his Treafury imDow»rer: to Majefty's Treafiiry, or the Lord High Treafurer of Great Britain for the Time being, ftiall be ne- H^ the Dupiicitji cefiary for making the faid Duplicates, or any of them, effcdlual for the Purpofes aforefaid, it ftiall "^^^"^ necefi'^iv, and may be lawful to and for the faid Commiffioners of his A4ajefl:y's Treafury, or any three or more of them, or the Lord High Treafurer for the Time being, to fign fuch Duplicates accordingly. LXXII. And it is hereby enabled by the Authority aforefaid, That if any Perfon or Perfons, fhail, at any Time or Times, be fued or profecutcd for any Thing by him or them done or executed in purfuance of this Acf, or of any Matter or Thing in this A£l contained, fuch Perfon or Perfons fliall and may plead the General Jflie, and give the Special Matter in Evidence for his or their De- General i.Tlsj fence: And if, upon Trial, a Verdid ftiall [)als for the Defendant or Defendants, or the Plaintiff or Plaintifi-s (hall become nonfuited, then fuch Defendant or Defendants fli.ill have Treble Cofts to TribleCofte. him or them awarded againft fuck PlaintifTor Plaintiffs. H h h i ^ CAP,