網頁圖片
PDF
ePub 版

the officer is to deliver to

him blank certificates

and counter

parts for the purpose,

[ocr errors]

which shall protect the removal of fuch cyder.

ing fuch mill, prefs, or other utenfil, or of the making cyder or perry therewith, by the perfon to whom the fame thall be fo let or lent; any thing in the faid former act contained to the contrary thereof in any wife notwithstanding.

V. And, for the better accommodation of fuch makers of cyWhere the der or perry, who fhall compound for the duty on cyder and compounder intends to perry granted by the faid recited act; be it further enacted by fell or difpofe the authority aforefaid, That from and after the fifth day of of cyder, &c. July, one thousand feven hundred and fixty four, when any fuch immediately, maker fhall intend to fell or difpofe of any cyder or perry immefrom the mill, diately from the mill pound's mouth, or place where the fame fhall be made, the officer of excife of the divifion or place where fuch makers shall refide, fhall, and he is hereby required, during the time of making cyder or perry only, and at no other time, to deliver to, and leave with fuch maker, if demanded, in writing, a fufficient quantity of blank certificates, numbered one, two, three, and fo on in an arithmetical progreffion, to be to be filled up filled up by fuch maker, and fubfcribed by him or her, who shall occafionally; exprefs in each of the faid certificates that shall be filled up, the exact number of gallons of cyder or perry intended to be fent therewith, and the number of cafks or package containing the fame, and the place to which, and the name and place of abode of the perfons to whom, fuch cyder or perry is to be fent, and the time when fuch certificate is filled up; which certificate (provided it accompanies the quantity of cyder or perry mentioned therein) fhall be a fufficient protection for the removal of fuch cyder or perry, immediately from the mill pound's mouth, or place where the fame fhall be made; and that the officer of excife, at the fame time that he delivers any quantity of blank certificates to any fuch maker as aforesaid, fhall alfo deliver to fuch maker a like quantity of blank counterparts of such certificates, bearing the fame numbers with the certificates; and fuch maker is hereby required, whenever he fills up the blanks of any certificate for the removal of cyder or perry, as aforesaid, at the fame time to fill up and fubfcribe the blanks of the counterpart with the cer- thereof, in all particulars agreeable to the certificate; and fuch tificate; and maker fhall, at the time of the delivery of the faid blank certito be returned ficates and counterparts, give a receipt to the officer of excife, to the officer. delivering the fame, acknowledging that he or the hath received Receipt to be given for the fo many blank certificates and the counterparts thereof numbered as aforefaid; which counterparts fo filled up fhall be returned by fuch maker to the refpective officer of excife whenever he fhall require the fame; and fuch maker fhall then also thew to the officer all the certificates and counterparts not used or filled counterparts not used, to be up, to the end the officer may then know what number of cerproduced tificates have been filled up; and fuch maker fhall, at the refpective times when he or she shall deliver up fuch counterparts fo filled up, from time to time declare upon oath (or affirmation if a quaker) to be administered by the fupervisor of excise of the divifion or diftrict where fuch maker refides, that the feveral quantities of cyder and perry specified in the several counter

The counterpart to be filled up and

figned, at the

fame time

certificates.

The certifi

cates and

when called for.

The quanti

ties fold, &c. and certified

for, to be ve

rified on oath.

parts

within 6

with thefe re

parts fo directed to be delivered up, contain the whole quantities of eyder and perry which he or the fhall have fold or difpofed of, from his or her mill pound's mouth, or place where the fame was made: and the respective officers of excife within Returns to be their feveral divifions are hereby required, from time to time, made, and from the feveral counterparts of fuch certificates fo filled up, ed, from the duties chargfworn to, and delivered as aforefaid, to make returns or reports counterparts. in writing, of the feveral quantities of cyder and perry fold or difpofed of as aforefaid by every fuch maker respectively, to the refpective commiffioners of excife in Great Britain, or fuch other perfon or perfons as they fhall refpectively appoint to receive the fame, leaving true copies of fuch report in writing, under his or Copy to be their hand or hands, with or for such respective maker; and fuch left with the returns or reports of the faid officer or officers, fhall be the maker, charges upon fuch refpective makers of cyder or perry; and the who is to pay amount of the duties thereby charged, thall be paid refpective- the duty acly by fuch makers to the respective collectors of excife, within cordingly whofe collection fuch makers fhall dwell and inhabit, or to fuch months from other perfon or perfons as the faid refpective commiffioners of thence. excife thall refpectively appoint to receive the fame, within the space of fix calendar months, to be computed from the time of making fuch charge: and if any fuch maker of cyder or perry Maker not fhall neglect or refuse to deliver to the officer of excife, when re- complying quired, all the counterparts of certificates then filled up, or to declare upon oath or affirmation as aforefaid, or to fhew to the being guilty of gulations, or officer all the certificates and counterparts not used or filled up, any fraud, or fhall fell or difpofe of more cyder or perry from the mill pound's mouth or place of making, than is mentioned in such counterparts fo delivered up, or fhall fraudulently infert in the blank of either counterpart or certificate, a greater or lefs quantity of cyder or perry than is really fent with fuch certificate; every fuch maker offending in any of the faid cafes, for every to forfeit 251. fuch offence fhall refpectively forfeit and lose the fum of twenty five pounds; and that no certificate to be filled up by any fuch Certificates for maker, fhall be in force for the removal of cyder or perry im- removal of cymediately from the mill pound's mouth or place of making, der from the but between the first day of September and the thirty first day of mill, to be in December, in each year; and that every fuch maker fhall, every tween 1 Sept. year, within ten days next after the thirty first day of December & 31 Dec. in each year, deliver, or caufe to be delivered, to the officer of yearly. excife of the divifion or place where he or the refides, all the Blank certifiblank certificates and counterparts thereof which have not been counterparts filled up by fuch maker; and if any fuch maker of cyder or per- to be deliver ry thall neglect or refufe, by the space of ten days next after the ed up within thirty first day of December, in any year, to deliver, or caufe to to days after, be delivered, to the proper officer of excife, all the blank certificates and counterparts thereof which have not been filled up on penalty of by fuch maker, every fuch maker fhall, for every fuch offence refpectively forfeit and lofe the fum of twenty five pounds.

force, but be

cates and

251.

VI. And be it further enacted by the authority aforefaid, Penalty of obThat if, from and after the said fifth day of July, any perfon or fructing an

per

officer in his

duty so!.

Officers not doing their duty in any of the premiffes,

forfeit 40s.

perfons whatsoever fhall affault, oppofe, moleft, or hinder, any officer or officers of excife in the due execution of any of the powers or authorities given and granted by this act; all and every the party or parties fo offending fhall, for every fuch offence refpectively, forfeit and lose the fum of fifty pounds.

VII. And be it further enacted by the authority aforefaid, That if any officer of excife thall refufe or wilfully neglect to leave a true copy of his report in writing, with the maker or makers of cyder and perry, as this or the faid former act direct, or to grant a certificate for the removal of any cyder or perry, upon reasonable request made for that purpose; or if any maker of cyder and perry authorized and impowered by this prefent act to compound and agree for and in lieu of the duty granted by the faid former act, thall offer to make fuch compofition and agreement, and if fuch officer of excife, fhall refufe or wilfully neglect to accept such compofition and agreement as this prefent act directs; every fuch officer of excife fo refufing or wilfully neglecting, fhall, for each refufal or neglect, forfeit and pay the fum of forty fhillings; which forfeiture and penalty shall and may be sued for, levied, recovered, and applied, in like manner as the other forfeitures and penalties imposed by this or the faid former act, may be fued for, levied, recovered, and applied.

VIII. And be it further enacted by the authority aforefaid, Recovery and difpofition of That the feveral penalties impofed by this act, fhall and may be the penalties. fued for, recovered, levied, mitigated, and difpofed of, by the fame ways, means, and methods, and in the fame proportions as any penalty imposed by the faid recited act may be fued for, recovered, levied, mitigated, or difpofed of.

IX. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall at any time or times be fued, molested, or profecuted for any thing by him, her, or them done or executed in purfuance of or by colour of this act, or of any matter or thing in this act contained, fuch perfon or perfons fhall General iffue, and may plead the general iffue, and give this act, and the fpecial matter, in evidence, in his, her, or their defence or defences; and if afterwards a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs fhall become nonsuited, or difcontinue his, her, or their action or profecution, or judgment shall be given against him or them upon demurrer, or otherwife; then fuch defendant or defendants fhall have treble cofts awarded to him, her, or them, against such plaintiff or plaintiffs,

Treble cofts.

Preamble.

CAP. VIII.

An act for the regulation of his Majefty's marine forces while on fhore.

WHE

HEREAS it may be necessary for the fafety of this kingdom, and the defence of the poffeffions of the crown of Great Britain, that a body of marine forces should be employed in his Maje*fty's fleet and naval fervice, under the direction of the lord high admiral, or commiffioners for executing the office of lord high admiral of

Great

Great Britain: and whereas the faid marine forces may frequently be quartered on fhore, where they will not be fubject to the laws relating to the government of his Majesty's forces by fea; yet nevertheless, it being requifite for the retaining of fuch forces in their duty, that an exact difcipline be obferved, and that marines who shall mutiny, er ftir up fedition, or shall defert his Majesty's fervice, be brought to a more exemplary and speedy punishment than the law will allow; be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from

And after 25 March, 1764, during the continuance of this act, every marine officer and private man on fhore, who fhall mutiny or defert, &c. or lift in any other regiment, &c. or shall be found fleeping on, or fhall defert his poft, or hold illegal correfpondence with the enemies of his Majefty, or hall ftrike, or difobey his fuperior officer, fhall fuffer death, or fuch punishment as a court martial thall inflict.- -The lord high admiral, or commiffioners for executing that office, may grant a commiffion to hold general courts-martial, &c.- Courts-martial may inflict corporal punishment for immoralities, &c.. Lords, &c. of the admiralty impowered to make articles for punishment of mutiny and defertion, &c. and to conftitute courts-martial.None to be adjudged of life or limb, but for crimes expressed to be so punishable by this act.—General courtmartial not to confift of less than 13; and the prefident to be a fieldofficer, or officer next in feniority, not under the degree of a captain: may administer an oath to witnelles. Officers to be worn. The oaths.

-Fictitious names allowed by his Majesty's order upon the mufter-rolls, for the maintenance of officers widows, not to be conftrued a false muster. Paymaster to pay the full pay of fuch men to the receiver.Constables, &c. to quarter officers and men in inns, alehoufes, &c. but in no diftillers houses or shopkeepers, or in any private houses. Penalty on officers quartering private men contrary to this act, &c. Perfons aggrieved by being quartered on, may complain to any juftices, and be relieved.Officers and marines to be furnished at the rates herein set for their provifions. What inn-holders may allow men quartered on them, inftead of meat. Penalty on taking money to excufe any perfon from quartering. -Commanding officer may exchange marines in their quarters. Con. ftables to billet the fame accordingly.- -No paymafter, &c. to make deductions out of officers or private mens pay. Exceptions. Officers to give notice to inn-keepers of fubfiftence money in their hands. Rates of fub. fiftence to be paid to inn-keepers, &c. for marines quarters. Officers not giving notice of fubfiftence money, and paying quarters, paymaster to fatisfy them out of the company's next pay, and officer to be cafhiered. On moving from quarters, the officer to make up accounts, and give certificates for money due, &c. Paymafter to pay the fum certified for.-Officers, &c. to be quartered in Scotland, as the laws in force at the union direct. Juftices to order conftables to provide carriages for the marine forces on their march. Rates for carriages. Penalty on officers forcing waggons to travel more than one day's journey, &c. Penalty on conftables, &c. neglect. -Treasurers of the county to repay the constables extraordinary charges. The money for thofe purposes how to be raised.No waggon, &c. to carry above 20 hundred weight. Carriages in Scotland how to be provided. — Marines wives, &c. not to be quartered without confent. Penalty on officers and marines destroying the game. Conftables may apprehend deferters, and carry them before a justice. Juftices to commit them, and tranfmit an account to the fecretary of the admiralty. Gaol keeper to receive the fubfiftence of deferters. Reward for taking up deferters.-Penalty on perfons concealing deferters, or buying their arms, clothes, &c.-This act to extend to deferters, &c. in Ireland.Continuance of this act.-Offences against former acts may be enquired of and punished VO L. XXVI,

C

28

Preamble.

After 7 April,

1764, the former duties

payable upon

bever skins

imported, to

cease;

and other du

as under this act, provided no person be liable to be tried for offences committed three years before iffuing the warrant for trial, except in cafes of defertion only. No volunteer liable to process, unless for fome criminal matter, or unless for a real debt of the value of 101. Oath of the debt to be made before a judge, and a memorandum thereof marked on the back of the procefs; otherwife prifoner to be difcharged with cofts.- Plaintiff giv ing notice, may file a common appearance, and proceed to judgment and execution. Penalty on conftables, &c. neglecting to quarter marines. Penalty on taking money to excufe any perfon from quartering, and on victuallers refusing to receive marines. To prevent abuses in quartering, juftices may order conftables to give an account of the number of officers, and private men, and where quartered. - Claufe for relief of perfons haftily lifting themfelves.- As often as it fhall be necessary, officers of the marine and land forces may fit in conjunction upon courtsmartial; taking rank according to the feniority of their commiffions. Marine forces being borne as part of the complement of any fhips of war, are liable to be governed by the rules established by act zz Geo. II.

CAP. IX.

An act for repealing the duties now payable upon bever skins imported, and for granting other duties in lieu thereof; and for granting certain duties upon the exportation of bever fkins and bever wool; and for taking off the drawback allowed on the exportation of fuch skins.

WHE

HEREAS the duties now payable upon the importation of bever fkins, and the drawback allowed upon the exportation of fuch fkins, are great difcouragements to the manufacture of hats in this kingdom; therefore we, your Majefty's most dutiful and loyal fubjects, the commons of Great Britain, being defirous to promote and encourage the manufactures of this kingdom, do most humbly befeech your Majefly that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That from and after the feventh day of April, which shall be in the year of our Lord one thousand feven hundred and fixty four, the several rates, duties, fubfidies, and impofitions payable upon the importation of bever fkins, imported into Great Britain from any of his Majefty's dominions in America, fhall cease, determine, and be no longer paid.

II. And be it further enacted by the authority aforefaid, That ties to be paid from and after the faid feventh day of April, the following duin lieu there- ties fhall be paid to his Majefty, his heirs and fucceffors, that is to fay,

of, viz.

For every bever skin imported into Great Britain from any of his Majesty's dominions in America, the fum of one penny;

and

For every bever fkin, or piece of bever fkin, exported from Great Britain, the fum of feven pence; and

For every pound weight averdupoife of bever wool or wombs exported from Great Britain, the fum of one fhilling and fix pence.

III. And

« 上一頁繼續 »