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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 Shillings.
XXXII. And for the prevention of evil practices in brewing No brewer, beer and ale, with sugar, honey, foreign grains, Guinea pepper, &c. to use suor with a late invented liquor or syrup made from malt and gar, &c. in water, boiled up to the consistency of mellasses, and very much brewing, on resembling the same, and cominonly called Esentia Bine, or penalty of zol. with other unwholsome materials; and that no mixture of sugar, honey, foreign grains, Guinea pepper, or of the said liquor or fyrup, or other unwholsome 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, shall make use of any sugar, honey, foreign grains, Guinea pepper, or of the said liquor or syrup, called Ēsentia Bine, Coculus India, or any unwholsome materials or ingredients whatsoever, in the brewing or making of any beer or ale, or mix any sugar, honey, foreign grains, Guinea pepper, or any of the said liquor called Esentia Bine, Coculus India, or any unwholsome materials or ingredients whatsoever, with any beer or ale, on pain of twenty pounds for every such offence.
XXXIII. And be it enacted by the authority aforesaid, The monies to That all monies which shall arise by this act of the said duties be paid into upon malt, mum, cyder and perry (over and above the neces- the Exchesary charges of raising and levying the said duties) shall, 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 aforesaid, That from and after the said twenty-third day of enter maltJune one thousand seven hundred and thirteen, all and every houses, &c. the said officers shall, upon their request, be permitted, as well by night as by day (but if in the night-time, then in the presence of a constable, or other lawful officer of the peace) to enter the house, malthouse, and other place belonging to or made use of by any publick malster or maker of malt for sale, common brewer, innkeeper, victualler, distiller, or vinegar-maker, making malt, to gage, measure and take an account of the just quantity of barley, and other corn or grain which shall be wetting or steeping, or which shall have been wetted or steeped in such house, malthouse, or other place; and if any such publick malfter or maker of malt for sale, common brewer, innkeeper,
Malfter refu. vi&tualler, distiller, or vinegar-maker, shall refuse to permit fing entrance such officers, or any of them, to enter his house, malthouse, or forfeits 2ol. other place, as aforesaid, or to gage, or to take an account of his barley, or other corn or grain, as aforesaid, the person or persons offending therein, shall for every such offence forfeit and lose the sum of twenty pounds.
XXXV. And it is hereby further enacted by the authority aforesaid, That if any maker of malt thall, during the continu
Concealing ance of the duties hereby granted, fraudulently hide, conceal, malt forfeits sos. per buth. or convey away any of his malt from the fight or view of the el,
gager or gagers appointed to take an account of the same, the person or persons offending therein, shall forfeit and lose for every bushel of malt so hid, concealed, or conveyed away from the fight and view of such gager or gagers, the sum of ten shillings, to be recovered and distributed, or mitigated, as other penalties and forfeitures by this act, or by any law herein re
ferred unto, are to be recovered, distributed, or mitigated. Malfter not to
XXXVI. And be it further enacted by the authority aforeset up any cirtern, &c. with said, That from and after the said twenty-third day of June one out notice, on thousand seven hundred and thirteen, during the continuance pain of gole of this act, no malfter or other person, making malt for sale or
not for sale (other than and except compounders for the said duty) shall erect or set up, alter or enlarge, or make use of any cistern, uting-fat, utensil, or other vessel, 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 first giving notice thereof in writing at the next office of excise, or shall keep or make use of any private cistern, uting-fat, utensil, or other vessel, for the wetting his barley, or other corn or grain to make malt, other than such as are openly known and made ufe of in his common malting-house, on pain to forfeit for every such cistern, 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 use of without fuch notice as aforesaid, the fum of fifty pounds to be levied, recovered, mitigated and distributed as aforesaid.
XXXVII. And be it enacted by the authority aforesaid, That grieved maye if either party think him or themselves agrieved by any judgquarter-fes- ment or order to be given or made by any justices of the peace, hons, &c.
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 such judgment or order, to appeal from the fame to the justices affembled at the next general quarter-sessions of the peace, to be holden for the county, shire or stuartry where such judgment or order shall have been made ; which said justices of the peace, or the
major part of them, are hereby impowered to hear and finally No Certiorari. determine the same, and no writ of Gertiorari shall be allowed
or brought to set aside any determination or order of the said
justices. Appellor to XXXVIII. Provided always, and it is hereby enacted by the give notice thereof fix
authority aforefaid, That the party or parties so appealing, as days before aforesaid, shall give notice in writing, by the space of fix days quarter-fel. next before such feffion shall be held, as aforesaid, unto the fions, &c.
party or parties of the other side, of his, her or their intention to bring such appeal; and that it shall and may be lawful to and for such justices or the major part of them, in their quarter-fefe
fions, to award costs to either party, as they shall in their discretion think fit, to be levied by warrant of the justices of the peace of such county, shire, or stuartry, or any two or more of them, on the goods and chattels of the party or parties, against whom the same shall be awarded. Provided allo, That in case there be not the space of six days between the first judgment or order of the two justices, and the quarter-seffions then next following, that then the appeal may be made at the second quarterfeffions, after such judgment or order made. XXXIX. And it is hereby further enacted by the authority Malt made in
Scotland, aforesaid, That all malt made in Scotland, not to be consumed
brought by there, which at any time or times between the twenty-third day sea into Engof Fune 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, shall be brought into England, Wales, or the town of port of land
ing, Berwick upon Tweed, Thall, in case the same be brought by sea, be entred with the officer for the said duties of the port where the same shall be so brought into England, Wales, or Berwick ; and pay 6d. and the sum of fix pence per bushel (unless a certificate from per bushel, the proper officer be produced, that it had paid the said duty in unless certi
fied to have Scotland) for the same malt, shall be paid to such officer before
paid the duty. landing thereof: and in case the same shall be brought by land, Malt brought such malt (hall pass and be carried by and through the towns of by land, to Berwick or Carlisle, and there entred with the officer of the said pass thro' Ber. duties, in such of the said towns by or through which such malt wick or Carthall be so carried; and the like duty of fix pence par bushel for entered there, the same, unless such certificate be produced, as aforesaid, shall and to pay 6d. be paid down in ready money to such officer, on pain of forfeiting per bushel, on all such malt, and the value thereof, as shall be landed or put on
pain of forfeifore, or brought into England, without such entry or payment of such additional duties, as aforesaid : and in case any malt Such malt comade in Scotland shall, 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, duties thereof, or producing such certificate, as aforesaid, then &c. forfeited, all such malt, or the value thereof, shall be forfeited; the last or the value. mentioned forfeiture thereof to be and go, one moiety thereof to the Queen's majesty, the other moiety thereof to such person or persons as will inform, feize, or sue for the same, or the value thereof, and to be recovered and levied by such ways, means and methods, as any other penalties or forfeitures, relating to the malt duties are by this act to be recovered and Jevied.
XL. And be it enacted by the authority aforesaid, That all The monies the monies which shall arise by this act of the faid duties on arising to be
paid into the malt, mum, cyder and perry, over and above the necessary
Exchequer. charges of raising and paying the faid duties, shall from time to time be brought and paid into the Exchequer. There shall be kept in the office of the auditor of the receipt one book, in which all the orders for money payable upon this act, thall be registred ;
A book to be and the money lent upon the act of the ninth year of her Majesty's reigni kept, for tranf. unsatisfied, with interelt of lix per cent. shall be placed upon the regilter ferring the and Thall be paid out of the monies arising by this act : interest to be paid principal fums every three months. It shall be lawful for any persons to lend upon credit on the malt of the said duties any fums, as together with the principal monies ap: act 9 Ann. to pointed to be transferred, shall not exceed seven hundred thousand the register of pounds ; which Jenders thall have interest of five per cent. to be paid this act. every three months. Where it hall appear by affidavit before any of the
barons of the Exchequer, that any Exchequer bills, or tickets, before the twentieth of May one thousand leven hundred and thirteen, have been loft, burnt, or destroyed : it shall be lawful for the respective officers, upon producing a certificate froin any of the said barons, and on security given to the faid officers, to make forth duplicates of the said bills and tickets. It shall be lawful for the commissioners to settle and adjust the properties of any tickets in the lotteries that have not hitherto been fetiled, provided the persons possessed of the tickets do appear on or before the five and twentieth of December one thousand seven hundred and thirteen. If any person shall forge or counterfeit any of the lottery orders, or alter the number or principal sum of any such order, or counterfeit the hand of any person to such order, thereby to procure a fraudulent assignment, or fell any such order, knowing the same to be forged, every luch person
shall be adjudged a felon, without benefit of clergy. EXP. Clause for ex- XLVIII. And whereas in the tenth year of her Majesty's reign plaining a late an ail did pass, For laying several duties upon all soap and paper made. act in relation in Great Britain, or imported into the same ; and upon checuered ties on Culto and friped linen imported; and upon certain filks, callicoes, linens and mary eltates, stuffs, printed, painted or fiained; and upon several kinds of Pampt which pass by "veliom, parchment and paper ; and upon certain printed papers, pamdeed and copy. phlets and advertisements, for raising the sum of eighteen hundred 10 Ann. c. 19. thousand pounds, by way of a lotiery, towards her Majefly's supply;
and for licensing an additional number of hackney chairs, and for charging certain stocks of cards and dice; and for better securing her Majesty's duties to arise in the office for the stamp-duties, by licences. for marriages and otherwise ; 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 flocks, part of the capital of the South-Sea company, for the use of the publick; in which Jaid act it is enacted, That
for every skin, or piece of yellom or parchment, or feet or piece of paper, upon which mall be ingrolled or written, within or during the term of thirty-two years, to be reckoned from the first day of August in the year one thousand Jeven hundred and twelve, any surrender of or admittance to any copyhold land or tinement, within those parts of Great Britain called England, Wales, and the town of Berwick upon Tweed, or any grant or lease by copy of court-roll
, or any other copy of the court-roll of any bonor or manar within the same parts of Great Britain, 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 sum of two shillings and three pence Sterling; and a doubt having arisen whether by the faid clause, copies of admittances to custom right or tenant-right states, not being copyhold, which pass by deed, surrender and admittance, or by deed and admi: tance, ought to be Nampid; It is declared and enacted hereby, That no copies of any surrenders or admittances to such custom
or any of
fight or tenant-right estates, as aforesaid, ought to be ftamped,
the publick accounts of the kingdom: and also to continue the act for
grounds in the West-Riding of the county of York, for
there are divers parishes of great extent, and very populous, which bath occafioned the erecting of divers chapels of ease for the benefit of the inhabitants : but there being very small or no settled provision made for the maintenance of the ministers that perform divine offices in these chapels, or for the vicars of many of the parish-churches within the said West-Riding; and there being large commons or wafle grounds, within many of the said parishes, which yield little or no profit or advantage 10 any person, it would be a great advantage and incouragement to the vicars and ministers there, if they might, by inclofing fome parts of the said commons and waste grounds, improve the same for the benefit of themselves and their successors: May it therefore please your most excellent Majesty, at the humble suit of the justices of the peace, gentlemen, clergy, frecholders and other inhabitants of the said 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 spiricual and temporal and commons in parliament assembled, 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 inleven hundred and thirteen, it shall and may be lawful for any the Weftof the inhabitants of any parish in the Weft-Riding of the county Riding of of York, wherein any such chapels of ease, as aforesaid, now Yorkiire, 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 waste-ground lies, (and if there be with the conabove two lords of such manor, then with ihe consent 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 waltes, and spečive eftates, to inclose any part of the wastes or common settle the same grounds within such parith (or chapelry therein) not exceeding in trustees for sixty acres, or a sixth part of such common land, where the the support of faid fixth part
shall not exceed sixty acres, and to settle the same have not a fetin trustees and their heirs, for the benefit, and as a maintenance tled provision and support of such ministers as fhal not have a fettled provj.. of above 40l. VOL. XII.
fion per annum.