quired to leave a true copy of each gage, and the quantity thereof, in writing under his or their hands, with or for the faid maker or makers of malt, at the time of taking such gage upon demand, under the penalty of forty fhillings.

XXXII. And for the prevention of evil practices in brewing No brewer, beer and ale, with fugar, honey, foreign grains, Guinea pepper, &c. to use fu or with a late invented liquor or fyrup made from malt and gar, &c. in water, boiled up to the confiftency of mellaffes, and very much brewing, on resembling the fame, and cominonly called Effentia Bine, or penalty of zol. with other unwholfome materials; and that no mixture of fugar, honey, foreign grains, Guinea pepper, or of the faid liquor or fyrup, or other unwholfome materials, may be used in the brewing or making of beer and ale; be it enacted, That no common brewer, innkeeper, victualler, or other retailer of beer and ale, fhall make ufe of any fugar, honey, foreign grains, Guinea pepper, or of the faid liquor or fyrup, called Effentia Bine, Coculus India, or any unwholfome materials or ingredients whatsoever, in the brewing or making of any beer or ale, or mix any fugar, honey, foreign grains, Guinea pepper, or any of the faid liquor called Effentia Bine, Coculus India, or any unwholsome materials or ingredients whatsoever, with any beer or ale, on pain of twenty pounds for every fuch offence.

XXXIII. And be it enacted by the authority aforefaid, The monies to That all monies which shall arise by this act of the faid duties be paid into upon malt, mum, cyder and perry (over and above the necef- the Exchefary charges of raising and levying the faid duties) fhall, from quer. time to time, be brought and paid into the receipt of the Exchequer.

XXXIV. And it is hereby further enacted by the authority Officers may aforefaid, That from and after the faid twenty-third day of enter maltJune one thoufand feven hundred and thirteen, all and every houses, &c. the faid officers fhall, upon their request, be permitted, as well by night as by day (but if in the night-time, then in the prefence of a conftable, or other lawful officer of the peace) to enter the house, malthoufe, and other place belonging to or made use of by any publick malfter or maker of malt for fale, common brewer, innkeeper, victualler, diftiller, or vinegar-maker, making malt, to gage, measure and take an account of the just quantity of barley, and other corn or grain which fhall be wetting or steeping, or which fhall have been wetted or steeped in fuch house, malthoufe, or other place; and if any fuch publick malster or maker of malt for fale, common brewer, innkeeper, victualler, diftiller, or vinegar-maker, fhall refufe to permit fing entrance ? Malster refufuch officers, or any of them, to enter his houfe, malthoufe, or forfeits 201. other place, as aforefaid, or to gage, or to take an account of his barley, or other corn or grain, as aforefaid, the person or perfons offending therein, fhall for every fuch offence forfeit and lose the fum of twenty pounds.

XXXV. And it is hereby further enacted by the authority aforefaid, That if any maker of malt fhall, during the continu

ance

Concealing malt forfeits

10s. per bush

el.

ance of the duties hereby granted, fraudulently hide, conceal, or convey away any of his malt from the fight or view of the gager or gagers appointed to take an account of the fame, the person or perfons offending therein, shall forfeit and lofe for every bufhel of malt fo hid, concealed, or conveyed away from the fight and view of fuch gager or gagers, the fum of ten fhillings, to be recovered and diftributed, or mitigated, as other penalties and forfeitures by this act, or by any law herein referred unto, are to be recovered, diftributed, or mitigated. Malster not to XXXVI. And be it further enacted by the authority aforefet up any ciftern, &c. with- faid, That from and after the faid twenty-third day of June one out notice, on thousand seven hundred and thirteen, during the continuance pain of 501. of this act, no malfter or other perfon, making malt for sale or not for fale (other than and except compounders for the faid duty) fhall erect or fet up, alter or enlarge, or make use of any ciftern, uting-fat, utenfil, or other veffel, for the wetting or steeping any barley, or other corn or grain for the making of malt, or of any kiln, floor, room, or other place for the making or keeping of malt, or keeping of corn or grain making into malt, without firft giving notice thereof in writing at the next. office of excife, or shall keep or make use of any private ciftern, uting-fat, utenfil, or other veffel, for the wetting his barley, or other corn or grain to make malt, other than fuch as are openly known and made use of in his common malting-house, on pain to forfeit for every fuch ciftern, uting-fat, utenfil or other veffel, kiln, floor, room or other place fo erected or fet up, altered or enlarged, kept private or concealed or made ufe of without fuch notice as aforefaid, the fum of fifty pounds to be levied, recovered, mitigated and diftributed as aforefaid.

Perfons ag.

appeal to the quarter-feffions, &c.

XXXVII. And be it enacted by the authority aforefaid, That grieved may if either party think him or themselves agrieved by any judgment or order to be given or made by any juftices of the peace, in pursuance of this present act, touching or concerning the duties hereby granted, or any penalty and forfeiture relating to the fame, it shall and may be lawful to and for such person or perfons, fo finding him, her or themselves agrieved by fuch judgment or order, to appeal from the fame to the juftices affembled at the next general quarter-feffions of the peace, to be holden for the county, fhire or ftuartry where fuch judgment or order fhall have been made; which faid juftices of the peace, or the major part of them, are hereby impowered to hear and finally No Certiorari. determine the fame; and no writ of Certiorari fhall be allowed or brought to set aside any determination or order of the faid juftices.

Appellor to give notice thereof fix days before quarter-feffions, &c.

XXXVIII. Provided always, and it is hereby enacted by the authority aforefaid, That the party or parties fo appealing, as aforefaid, fhall give notice in writing, by the space of fix days next before fuch feffion fhall be held, as aforefaid, unto the party or parties of the other fide, of his, her or their intention to bring fuch appeal; and that it shall and may be lawful to and for fuch juftices or the major part of them, in their quarter-fef

fions, to award costs to either party, as they fhall in their difcretion think fit, to be levied by warrant of the justices of the peace of such county, fhire, or ftuartry, or any two or more of them, on the goods and chattels of the party or parties, against whom the fame shall be awarded. Provided alfo, That in cafe there be not the space of fix days between the first judgment or order of the two juftices, and the quarter-feffions then next following, that then the appeal may be made at the second quarterfeffions, after fuch judgment or order made.

Scotland,

ing,

wick or Car

XXXIX. And it is hereby further enacted by the authority Malt made in aforefaid, That all malt made in Scotland, not to be confumed brought by there, which at any time or times between the twenty-third day fea into Engof June one thousand seven hundred and thirteen, and the land, to be entwenty-fourth day of June one thousand seven hundred and tred at the fourteen, fhall be brought into England, Wales, or the town of port of landBerwick upon Tweed, fhall, in cafe the fame be brought by sea, be entred with the officer for the said duties of the port where the same shall be fo brought into England, Wales, or Berwick; and pay 6d. and the sum of fix pence per bushel (unless a certificate from per bufhel, the proper officer be produced, that it had paid the faid duty in unless certiScotland) for the fame malt, fhall be paid to fuch officer before fied to have paid the duty. landing thereof and in cafe the fame fhall be brought by land, Malt brought fuch malt shall pafs and be carried by and through the towns of by land, to Berwick or Carlisle, and there entred with the officer of the faid pass thro' Berduties, in fuch of the faid towns by or through which fuch malt lifle, and to be fhall be fo carried; and the like duty of fix pence per bufhel for entered there, the fame, unless fuch certificate be produced, as aforefaid, fhall and to pay 6d. be paid down in ready money to fuch officer, on pain of forfeiting per bufhel, on all fuch malt, and the value thereof, as fhall be landed or put on pain of forfeifhore, or brought into England, without fuch entry or payment of fuch additional duties, as aforefaid: and in cafe any malt Such malt comade in Scotland fhall, during the said term, be found coming ming by land, out of Scotland, or brought from thence by land, by or beyond beyond the the towns before-mentioned, without entry or payment of the without entry, faid towns, duties thereof, or producing fuch certificate, as aforefaid, then &c. forfeited, all fuch malt, or the value thereof, fhall be forfeited; the last or the value. mentioned forfeiture thereof to be and go, one moiety thereof to the Queen's majefty, the other moiety thereof to fuch person or perfons as will inform, feize, or fue for the fame, or the value thereof, and to be recovered and levied by fuch ways, means and methods, as any other penalties or forfeitures, relating to the malt duties are by this act to be recovered and levied.

XL. And be it enacted by the authority aforefaid, That all the monies which shall arise by this act of the faid duties on malt, mum, cyder and perry, over and above the neceffary charges of raifing and paying the faid duties, fhall from time to time be brought and paid into the Exchequer.

There fhall be kept in the office of the auditor of the receipt one book, in which all the orders for money payable upon this act, fhall be registred;

and

ture.

The monies
arifing to be
paid into the
Exchequer.

A book to be kept, for tranf. ferring the principal fums

on the malt

this act.

and the money lent upon the act of the ninth year of her Majesty's reigh unfatisfied, with intereft of fix per cent. fhall be placed upon the register, and fhall be paid out of the monies arifing by this act: intereft to be paid every three months. It fhall be lawful for any perfons to lend upon credit of the faid duties any fums, as together with the principal monies apact 9 Ann. to pointed to be transferred, fhall not exceed feven hundred thousand the register of pounds; which lenders fhall have intereft of five per cent. to be paid every three months. Where it fhall appear by affidavit before any of the barons of the Exchequer, that any Exchequer bills, or tickets, before the twentieth of May one thoufand feven hundred and thirteen, have been loft, burnt, or destroyed: it fhall be lawful for the refpective officers, upon producing a certificate from any of the faid barons, and on fecurity given to the faid officers, to make forth duplicates of the faid bills and tickets. It shall be lawful for the commiffioners to fettle and adjust the properties of any tickets in the lotteries that have not hitherto been fettled, provided the perfons poffeffed of the tickets do appear on or before the five and twentieth of December one thoufand feven hundred and thirteen. If any person shall forge or counterfeit any of the lottery orders, or alter the number or principal fum of any fuch order, or counterfeit the hand of any person to fuch order, thereby to procure a fraudulent affignment, or fell any fuch order, knowing the fame to be forged, every fuch perfon fhall be adjudged a felon, without benefit of clergy.. EX P.

Clause for ex

to stamp du

XLVIII. And whereas in the tenth year of her Majesty's reign plaining a late an act did pafs, For laying feveral duties upon all foap and paper made act in relation in Great Britain, or imported into the fame; and upon chequered ties on culto- and friped linen imported; and upon certain filks, callicoes, linens and mary estates, fluffs, printed, painted or stained; and upon several kinds of stampt which pafs by vellom, parchment and paper; and upon certain printed papers, pamdeed and copy phlets and advertisements, for raising the fum of eighteen hundred 10 Ann. c. 19. thousand pounds, by way of a lottery, towards her Majefty's supply;

and for licensing an additional number of hackney chairs; and for charging certain stocks of cards and dice; and for better fecuring her Majefty's duties to arife in the office for the ftamp-duties, by licences for marriages and otherwife; and for relief of persons who have not claimed their lottery tickets in due time, or have loft Exchequer bills or lottery tickets; and for borrowing money upon stocks, part of the capital of the South-Sea company, for the ufe of the publick; in which Jaid act it is enacted, That for every skin, or piece of vellom or parchment, or sheet or piece of paper, upon which shall be ingroffed or written, within or during the term of thirty-two years, to be reckoneď from the first day of Auguft in the year one thousand seven hundred and twelve, any furrender of or admittance to any copyhold land or tenement, within thofe parts of Great Britain called England, Wales, and the town of Berwick upon Tweed, or any grant or leafe by copy of court-roll, or any other copy of the court-roll of any bonor or manor within the fame parts of Great Britain, or any of them, other than and except the original surrender to the use of a will, and the court-roll or book wherein the proceedings of the court are entered or enrolled, the fum of two fhillings and three pence fterling; and a doubt having arifen whether by the faid claufe, copies of admittances to custom right or tenant-right eftates, not being copyhold, which pafs by deed, furrender and admittance, or by deed and admittance, ought to be stamped; It is declared and enacted hereby, That no copies of any furrenders or admittances to fuch custom

right

right or tenant-right eftates, as aforefaid, ought to be ftamped, nor were they ever defigned or intended, nor ought they to be deemed or conftrued to be within the meaning of the faid act.

CAP. III.

An act to revive and continue the act for taking, examining, and stating the publick accounts of the kingdom: and alfo to continue the act for appointing commiffioners to take, examine, and determine the debts due to the army, transport-service, and fick and wounded. EX P.

CAP. IV.

An act for making inclosures of fome part of the common grounds in the Weft-Riding of the county of York, for the endowing poor vicaridges and chapelries, for the better Support of their minifiers.

W

HEREAS in the Weft-Riding of the county of York there are divers parishes of great extent, and very populous, which hath occafioned the erecting of divers chapels of eafe for the benefit of the inhabitants: but there being very small or no fettled provifion made for the maintenance of the minifters that perform divine offices in thofe chapels, or for the vicars of many of the parish-churches within the faid Weft-Riding; and there being large commons or waste grounds, within many of the faid parishes, which yield little or no profit or advantage to any perfon, it would be a great advantage and incouragement to the vicars and minifters there, if they might, by inclofing fome parts of the faid commons and wafte grounds, improve the fame for the benefit of themselves and their fucceffors: May it therefore please your most excellent Majefty, at the humble fuit of the juftices of the peace, gentlemen, clergy, freeholders and other inhabitants of the faid riding, that it may be enacted; and be it enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords fpiritual and temporal and commons in parliament affembled, and by the authority of the fame, That from and after the nine and twentieth day of After 29 Sept. September, which shall be in the year of our Lord one thousand 1713. the infeven hundred and thirteen, it shall and may be lawful for any the Weftof the inhabitants of any parish in the West-Riding of the county Riding of of York, wherein any fuch chapels of eafe, as aforefaid, now Yorkshire, are, or hereafter shall be erected or built, and wherein there are where there large waftes or commons, with the consent of the lord or lords are chapels of of the manor wherein such wafte-ground lies, (and if there be with the conease, may, above two lords of such manor, then with the confent of the fent of the major part of them) and with the consent of three parts of four lords of maof all freeholders and others, who have any right of common nors, &c. entherein, according to their number, and the value of their re- the waftes, and close part of fpective eftates, to inclofe any part of the waftes or common settle the fame grounds within such parish (or chapelry therein) not exceeding in trustees for fixty acres, or a fixth part of fuch common land, where the the fupport of faid fixth part shall not exceed fixty acres, and to fettle the fame have not a fetin trustees and their heirs, for the benefit, and as a maintenance tled provifion and support of such ministers as shall not have a fettled provi... of above 401. VOL. XIII. fion per annum.

C

habitants of

minifters who