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Notice to be

certified out of the next or any other fubfequent monies becoming due from fuch proprietor or proprietors by virtue of this present act.

XV. Provided always, and it is hereby enacted by the auleft with the thority aforefaid, That where any fuch lofs or damage shall collector three happen, as aforefaid, the perfon or perfons who fhall fuftain days before the fame, fhall, three days at leaft before the next quarter-fefquarter-lef- fions, give or leave notice in writing thereof with the collectors of excife of the district or collection where fuch loss or damage fhall happen, and of his and their intention of applying at the next general quarter-feffions of the peace for an allowance in refpect of fuch damage or lofs.

fons.

No malfter

to mix corn

of one wetting another wetting, on for feiture of 58.

with corn of

per bufhel.

XVI. And whereas many malfters and makers of malt, in order to the defrauding her Majesty of the duty, and preventing the officers from taking and keeping a true account of the corn or grain by them eeping and steeped, and making into malt, do in the abfence of the officers remove part of their corn or grain out of the ciftern or wetting fat, and mix the fame with corn or grain of a former wetting, and Supply the place of the corn or grain fo removed with fresh corn or grain, and do alfo mix their feveral couches and floors, in fuch manner that the officers for the faid duties cannot distinguish one wetting from another; for remedy whereof, be it further enacted by the authority aforefaid, That during the continuance of the duties hereby granted, no malfter or maker of malt, other than compounders for the faid duties, fhall, during the continuance of the faid duties, mix, or caufe to be mixed, his, her, or their corn or grain making into malt, of one wetting or steeping, or any part thereof, with his, her, or their corn or grain making into malt, of a former wetting or fteeping, or any part thereof, before the fame is put on the kiln for drying, on pain of forfeiture of the fum of five fhillings for every bufhel of corn fo mixed, contrary to the true intent and meaning hereof.

Gagers to XVII, And be it further enacted by the authority aforesaid, meafure by the That the gagers and other officers of excife, for the time being, gage, and not by the bushel. or that shall be deputed to put this prefent act into execution, fhall, during the continuance of the duties hereby charged, measure fuch corn and grain making into malt by the gage only, and not by the bufhel; any thing herein before contained, or in any former act or acts, relating to the duties hereby granted, to the contrary in any wife notwithstanding.

Penalty on

maliters pref. fing malt together in the ciftern, &c.

2s. 6d. per bushel..

XVIII. And whereas in making of malt, practifed before the granting the faid duties, the barley, or other corn or grain, during steeping in the cistern or uting-fat, did ufually rife and fwell fo confiderably, that it was thought reafonable, upon granting the faid duties, in all charges to be made by the officers from the cistern ar couch, to allow to the malfters, upon payment of the duty, four bufhels in every twenty bufhels, and fo proportionably upon every greater or leffer quantity, in confideration of fuch rife or fwelling of the corn, which allowances have been and are made accordingly and whereas many malfters or makers of malt for fale, by preffing, treading, ramming, or other methods, do now not only make their corn lye

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fo clofe in the ciftern or uting-fat, and alfo in the couch, that the rife or fwelling, as aforesaid, is prevented, but also renders it very difficult for officers to know the true quantity of the corn fleeped or in the couch, and thereby have the allowance, as aforefaid, though the reafon of making the fame is taken away; be it therefore further enacted, That if any malfter or maker of malt for fale, during the continuance of the duties on malt by this act granted, shall tread, ram, or otherwife force together in the ciftern, utingfat, or couch, any corn fteeping or steeped, in order to the making into malt, every fuch malfter or maker of malt for sale, fhall for every fuch offence, forfeit and lose the sum of two fhillings and fix pence for every bufhel of corn steeping or fteeped, that fhall be fo preffed, trodden, rammed, or forced; any thing herein or in any former act or acts contained to the contrary in any wife notwithstanding.

XIX. Provided always, and be it enacted by the authority All profecuaforesaid, That no perfon or perfons fhall be fued or charged tions to be within five with the duties hereby granted, unless fome action, informa- years. tion, or fuit be commenced for the fame, within five years after the fame shall become due.

XX. And in regard the quantity of barley, or other corn or grain, taken by the gage in any ciftern, uting-fat, or other vessel, or utenfil, wherein fuch barley, or other corn or grain shall be found wetting or feeping, or which shall be found to have been wetted or steeped for the making of malt, is by this act to be charged and returned by the gager, as fo many bufbels of malt: It is hereby further enacted by Allowance for the authority aforefaid, That out of every twenty bushels fo malt charged charged by the gager, there fhall be an allowance made to the in the utingmaker of fuch malt fo charged in the uting-fat, ciftern, or other fat, &c. veffel, wherein the fame fhall be found wetting or fteeping, as aforesaid, or upon the floor within thirty hours after the fame fhall be thrown out of the uting-fat, utenfil, ciftern, or other veffel, of four bufhels, and out of every greater or leffer quantity, a proportionable allowance fhall be made in confideration of the difference between the quantity of fuch corn when it is wet and swoln, and the quantity thereof, when it is converted into dry malt; any thing herein contained to the contrary notwithstanding.

XXI. And be it further enacted by the authority aforefaid, Malt after du That it fhall and may be lawful to and for any perfon or per- ties paid may fons, who fhall have actually paid her Majesty's duties by this be exported, act payable for any quantity of malt whatfoever, and to and for &c. any other person or perfons, who shall buy, or be lawfully entitled to any fuch quantity of malt from the faid person or perfons who actually paid her Majesty's duties for the fame, to export fuch malt for any foreign parts, giving fufficient fecurity before the shipping thereof for exportation, that the particular quantity of malt, which thall be intended to be exported, as aforefaid, or any part thereof, fhall not be relanded, or brought again into any part or parts of Great Britain, which fecurity the customer or collector of the refpective port for such exportation,

is

relanded.

is hereby directed and authorised to take in her Majesty's name, and to her Majesty's use.

Penalty on XXII. Provided always, That if after the fhipping of any malt fhipt for fuch malt to be exported, as aforefaid, and the giving or tenexportation, and afterwards dring such security, as aforefaid, in order to obtain the allowance or drawback herein after mentioned, the malt fo fhipped to be exported, fhall be relanded in any part of the faid kingdom of Great Britain, That then, and in every fuch cafe, over and above the penalty of the bend, which fhall be levied and recovered to her Majesty's ufe, all the malt which shall be landed, and the value thereof, fhall be forfeited, that is to fay, one moiety thereof to the Queen, and the other moiety thereof to the perfon or perfons that will seize, inform or fue for the fame, to be recovered as any other penalties by this act are re

tificate that

the duty is paid, &c.

coverable.

Exporter to XXIII. And be it further enacted by the authority aforefaid, produce a cer- That if any perfon or perfons who fhall export any malt into foreign parts, fhall produce a certificate or certificates from the collector or officer who received the duty of fuch malt, that the duty thereof hath been paid or fecured to be paid, which certificate the collector or officer is hereby required to give gratis, proof being made upon oath that the duty of fuch malt hath been paid or fecured to be paid (which oath the faid collector or officer is hereby required to adminifter) and alfo making oath before the officer or collector of the port, that the malt so exported is the fame mentioned in fuch certificate, then the collector or chief officers of the port where fuch malt shall be exported, fhall give to the exporter thereof a certificate or debenture, expreffing the true quantity of the malt fo exported or and on expor- fhipped for exportation; which certificate or debenture being tation duty to produced to the collector, or other officer appointed to receive the faid duty, in the county, fhire, ftuartry, or place where fuch malt was exported, he is hereby required to pay the faid duty of fix pence per bufhel to the perfons or their agents fo exporting the fame; and in cafe the collector or other officers (hall not have any money in their hands to pay the fame, then the refpective commiffioners appointed for executing this act, are hereby required to pay the fame out of the duties arifing by the faid act; any thing in this act contained to the contrary notwithstanding. XXIV. And be it enacted, That all debentures for malt exmalt unfatis- ported upon any former act or acts for laying duties upon malt, mum, cyder, and perry, which fhall remain unfatisfied, on the four and twentieth day of June one thousand seven hundred and thirteen, fhall (in cafe the refpective commiffioners or officers of excife fhall not have fufficient in their hands of the duties granted by the faid former acts to fatisfy the fame) be paid and fatisfied out of the duties arifing by this prefent act.

be repaid.

Debentures for

fied, on 24 June 1713. how to be

paid.

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XXV. And be it further enacted by the authority aforefaid, That where any rent is referved and payable in malt, or if payable in money, and the fum or quantity of fuch rent is to be afcertained by the price of malt, and is to increase just as much as

the

the price of malt doth increase, it shall and may be lawful, during the continuance of this act, for the tenant of any lands fubject to any fuch rent, to detain, deduct and abate so much of every fuch rent as will amount to the duty by this act charged for every quarter of malt, or the value of it in money, that is fo referved, and so proportionably for any leffer quantity; and the perfon or perfons, bodies politick or corporate, to whom any fuch rent is reserved, as aforefaid, fhall, upon the receipt of the refidue of any fuch rent, make an allowance of fuch deductions, as aforesaid, and the tenant be discharged, as if such payment had been made without any deduction or abatement whatfoever.

XXVI. Provided always, and be it further enacted by the Malt imauthority aforefaid, That from and after the faid three and ported from twentieth day of June one thousand seven hundred and thirteen, forfeited. beyond fea during the continuance of this act, no malt shall be brought or imported into Great Britain from any foreign part or parts beyond the feas, upon pain of forfeiture of the malt fo imported, and alfo the full value thereof, one moiety to the Queen, and the other moiety to fuch person or perfons as shall seize, inform or fue for the fame, by action of debt, bill, plaint or information, wherein no effoin, protection, or wager of law, or any more than one imparlance fhall be allowed.

away,

XXVII. And whereas feveral perfons making and dealing in malt, Malt destroyare fubject to many hazards and inconveniencies, as well by fire as ed by fire or water, be it therefore further enacted by the authority aforefaid, water, or caft That from and after the three and twentieth day of June one thousand seven hundred and thirteen, and after the duty by this act imposed on malt is paid, or fecured to be paid by the malfter, if any quantity of malt fhall unfortunately happen to be deftroyed by fire, by the burning of the malthouse, granary or other place where the same shall be made or kept, or fhall perish by water, by the cafting away of the barge or veffel in which the faid malt fhall be tranfported from any part of this kingdom to another; it shall and may be lawful for the proprietor or pro- on oath that the duty was prietors of fuch malt fo perifhing, as abovesaid, to make proof paid, &c. thereof by two credible witnesses upon oath, and of his, her, or their having paid or given security to pay the faid duty, before the juftices of the peace of the county, riding or divifion where fuch accident fhall happen, at the next general quarter-feffions to be held for fuch county, riding, or divifion (who are hereby Officer to reimpowered to give certificates under their hands and feals of pay the duty, fuch lofs) upon producing of which certificate to the officer appointed to collect the faid duty, he shall be obliged to repay or allow to the faid proprietor or proprietors fo much of the faid duty as shall have been by him paid for the quantity of malt proved to have so perished.

&c.

XXVIII. Provided always, That if any barley or other corn An allowance or grain that hath been steeped or wetted in any ciftern, uting- of 10 bushels fat, or other veffel, fhall, during the continuance of this act, floor-gage. be found working or growing upon the floor, before it is put

upon

in 20 on a

Exporters of

C. 12.

upon the kiln, in order to be made into malt, after the faid three and twentieth day of June one thousand feven hundred and thirteen, which when dried and made into malt, will not answer fo great a quantity from the floor as from the cistern or fat; it is hereby enacted by the authority aforefaid, That out of every twenty bufhels fo charged upon the floor, there fhall be an allowance made to the maker of the faid malt, which thall be gaged and charged upon the floor, after the fame fhall have been thrown out of the uting-fat, utenfil, ciftern, or other veffel before mentioned, by the space of thirty hours or more, and before the fame fhall be dried, of ten bufhels, and out of every greater or leffer quantity a proportionable allowance fhall be made, in confideration of the difference between the quantity of such corn when it is making upon the floor, and the quantity thereof when it is dried and perfectly made into malt; any thing herein contained to the contrary thereof in any wife notwithstanding.

XXIX. And whereas by an aƐt made in the first year of the reign malt to receive of their late majefties King William and Queen Mary, intituled, An the bounty act for encouragement of the exportation of corn, it is thereby money granted 1 W. & M. enacted, That when malt or barley is at twenty-four billings per quarter or under, every merchant that shall put on board any malt, according to or under the limitations or conditions in the faid act expreffed, the faid merchant shall have and receive from the farmers, commiffioners, or collectors of the duties arifing from the cuftoms, for every quarter of malt or barley fo exported, the fum of two fhillings and fix pence: be it hereby enacted, That the duty of fix pence per bufhel by this act impofed upon malt, fhall not be reckoned or valued towards the price of twenty-four fhillings per quarter, by the faid recited act limited, but that the exporter of malt fhall have and receive the bounty granted by the faid recited act, unless when the price of malt exceeds twenty-four fhillings per quarter, over and above the duty by this act granted.

The fame al. lowance on exporting

ground malt, as if whole,

&c.

Gager to leave

XXX. Provided always, and be it further enacted and declared by the authority aforefaid, That in cafe any person or perfons whatsoever shall export any ground malt from any port or place in Great Britain, to any foreign parts, the duties whereof fhall have been paid or fecured to be paid according to this act, fuch perfon and perfons fhall have the like drawback or allowance out of the duties on malt by this act granted, as if the faid malt had been whole, upon debentures to be obtained, and upon producing certificates, making oath, and doing and performing the other matters and things herein before prescribed and directed, in order to obtain debentures upon exportation of malt for foreign parts; yet nevertheless fuch ground malt fo exported fhall be computed and eftimated after the rate of so many bufhels of malt as the fame did contain before it was ground, and no more.

XXXI. Provided always, and be it further enacted, That a copy of each every gager or other officer, who fhall be conftituted or apgage with the pointed to put this act in execution, fhall be and are hereby re

maker.

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