William III, 1695-6
An Act for laying several Duties upon Low Wines or Spirits of the first Extraction and for preventing the Frauds and Abuses of Brewers Distillers and other Persons chargeable with the Duties of Excise. [Chapter XXX. Rot. Parl. 7 & 8 Gul. III. p. 7. n. 1.]

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History of Parliament Trust

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John Raithby (editor)

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1820

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122-130

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'William III, 1695-6: An Act for laying several Duties upon Low Wines or Spirits of the first Extraction and for preventing the Frauds and Abuses of Brewers Distillers and other Persons chargeable with the Duties of Excise. [Chapter XXX. Rot. Parl. 7 & 8 Gul. III. p. 7. n. 1.]', Statutes of the Realm: volume 7: 1695-1701 (1820), pp. 122-130. URL: http://british-history.ac.uk/report.aspx?compid=46837 Date accessed: 20 October 2014.


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II. Directions for Distillers, &c. drawing Brandy, &c. from Corn. III. Unduly preparing or receiving Wash; IV. Gauger making false Charge; V. VI. Duties collected, &c. as by 12 Car. II. c. 24. and other former Acts. VII. VIII. Stills, Utensils, &c. charged with Duties and Penalties. IX. Gauger to take Account of Wash, &c. and Low Wines, and missing Wash, &c. and not receiving Satisfaction what is become thereof; Proceedings. X. Notice to Officer of distilling. XI. Makers of Vinegar, &c. concealing from Gauger. XII. Maker, &c. of Vinegar refusing Entrance to Gauger and to take Account, &c. XIII. Notice by Maker of Vinegar to Officer of Delivery, &c. to Customer, unless at Hours herein mentioned; XIV. 2 W. & M. Sess. 2. c. 9. §11. continued. XV. Recital that Revenue defrauded by Brewers making and mixing as herein mentioned after Account taken, and unduly carrying off, &c. Works, &c. XVI. Cleansing or removing Guile, &c. before the Whole brewed off and Account taken without Notice to Officer; XVII. Brewer refusing Entrance to Officer or to continue whilset Guile brewing and to take Account; XVIII. Brewer, &c. mixing, &c. Beer upon carrying out, or afterwards., &c.; XIX. Commissioners of Excise, &c. may summon Parties to give Evidence. XX. Recital of 5 & 6 W. & M. c. 20. §48. XXI. Gauger delivering Charge not liable to Penalties of former Acts. XXII. XXIII. Making, &c. Verjuice for Sale Duties as for Cyder. XXIV. How Penalties sued for and disposed of. XXV. XXVI. XXVII. XXVIII. Commissioners refusing, &c. to pay, or diverting Monies; XXIX. Comptroller of Excise to keep Account of Duties to which Access may be had without Fee. XXX. Tallies of Loan, and Orders for Repayment of Course. XXXI. What not interpreted undue Preference. XXXII. No undue Preference if subsequent Orders paid first, if sufficient reserved for preceding Orders. XXXIII. XXXIV. Monies and Tallies assignable. XXXV. XXXVI. Payment of Tallies of subsequent Entry or Date brought first, no undue Preference, if sufficient Money reserved for preceding Tallies. XXXVII. Proviso for Payment of Salaries and Incidents. XXXVIII. XXXIX. Proviso for Annuities to Prince George of Denmark, and the Princess Anne of Denmarke and Monies under Letters Patent herein mentioned. XL. And for Annuity to the Duchess of Cleveland. XLI. Notes in Writing of Gauge left by Gauger with Brewer. XLII. Recital of c. I. ante, §11. Footnotes

For the supplying Your Majesties extraordinary Occasions and the better Support of Your Government Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That from and after the Five and twentieth Day of March in the Yeare of oure Lord One thousand six hundred ninety six until the Five and twentieth Day of March which shall be in the Yeare of our Lord One thousand seven hundred and one there shall be paid by way of Excise unto His Majesty His Heires & Successors for all Low Wines or Spiritts of the first Extraction drawne by any Distiller or other Person making or drawing Spirits or Strong Waters for Sale or Exportation within this Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed the Rates and Duties following: (that is to say)

For every Gallon of Low Wines or Spirits of the first Extraction made or drawne from any Forreigne or imported Materials or any Mixture with Forreigne Materials Eight Pence.

For every Gallon of Low Wines or Spirits of the first Extraction made or drawne from Brewers Wash or Tilts Twelve-pence.

For every Gallon of Low Wines or Spiritts of the first Extraction made or drawne onely from Drink brewed and made of any sort of Malted Corne One Penny.

For every Gallon of Low Wines or Spiritts of the first Extraction made or drawne from any other sort or kind of English Materials Three Pence.

For every Barrel of mixed Liquors co[m]monly called or knowne by the name of Sweets made from Forreigne or English Materials Twelve Shillings.

II. Directions for Distillers, &c. drawing Brandy, &c. from Corn.

Gauger to keep Account.; Mixing other Materials.; Duty.

And be further enacted by the Authority aforesaid That all Distillers and others who shall draw or make any Low Wines Spiritts or Brandy from Corne shall Brew or cause their Corne to be brewed and from such Drink so made and prepared (without any mixture with any Molosses Wash or Tilts or other Materials whatsoever shall draw their Low Wines or Spirits of the First Extraction And that it shall and may be lawfull for the Gauger & Gaugers of Excise from time to time to gauge and keep an Account of the Liquors Worts and Drink made and drawne by such Distillers or others for the making such Low Wines Spirits or Brandies and to see that the same bee drawne and made from Drink made of malted Corne intirely without any mixture as aforesaid And in Case any Distillers or others shall therewith mix any other Materials either in the Brewing or after the same is made into Drink and before the same be distilled into Low Wines the said Gauger shall charge the Low Wines drawne from the Drink soe mixed with the Duty of Twelve pence for every Gallon which said Duty shall be answered and paid to His Majesty and Successors.

III. Unduly preparing or receiving Wash;

Penalty.

And be it further enacted That no Distillers or others drawing Low Wines or Spiritts from Corne prepared as aforesaid shall prepare any Wash from Molosses or other Materials or receive any Wash of Molosses or other Materials from any other Person whatsoever until he has drawne off and distilled all the Liquors made or prepared from Corn as aforesaid on paine of Forfeiture for every Barrel of such Liquors made of Corne as aforesaid found undistilled or drawne into Low Wines the Su[m]m of Five Pounds.

IV. Gauger making false Charge;

Penalty.

And be it further enacted by the Authority aforesaid. That if any Gauger or other Officer of Excise shall wittingly and willingly make a false Charge by returning to the Co[m]missioners any Quantity of Low Wines or Spiritts of the First Extraction not made from Malted Corne as [drawne and made (fn. 1) from Malted Corne such Gauger or Officer shall forfeit his Office or Employment and alsoe shall forfeit for every Gallon of Low Wines so falsly charged or returned the Su[m]m of Ten Shillings.

V.

Upon Oath and Certificate as herein mentioned, Drawback allowed upon Exportation of Spirits.

And for the further Encouragement of Distillers and others to draw and make Spiritts or Brandies from malted Corne brewed into Drink as aforesaid and to export the same as Merchandize [into Parts (fn. 2) ] beyond the Seas Be it further enacted by the Authority aforesaid That it shall and may be lawfull to or for any Distillers or others upon Oath made before any Two or more of the Co[m]missioners of Excise or Justices of the Peace for the County or Place from whence any Brandy or Strong Waters is or are intended to be exported That the same were or was made and drawne from Drink brewed from malted Corne without any mixture with any other Materials and that the same is not mixed with any Low Wines not drawne a second time nor with any other Spiritts or Brandy made from any other Materials either Native or Forreigne and that the Duties of the same are duely entred or paid and that the same are exported for Merchandize to be spent beyond the Seas to export such Spiritts or Brandies made from Corne prepared as aforesaid And upon a Certificate under the Hands of the Officers of Excise for the Port or Place where such Spiritts or Brandies were shipt off of the Quantity so shipt and that the same was shipt in the presence of such Officers that such Distiller or others so exporting shall be allowed or paid back by the Co[m]missioners or their Collector for the Port or Place where such Spiritts or Brandy shall be shipt off the Su[m]m of Three Pence for every such Gallon of Brandy or Spiritts so shipt off.

VI. Duties collected, &c. as by 12 Car. II. c. 24. and other former Acts.

And be it further enacted by the Authority aforesaid That the several Rates and Duties hereby imposed on the Liquors aforesaid shall be raised levied collected recovered and paid unto His Majesty His Heires and Successors dureing the time before mentioned in the same Manner and Forme and by such Rules Ways and Means and under such Penalties and Forfeitures as are mentioned expressed & directed in and by one Act of Parliament made in the Twelfth Yeare of the Reigne of the late King Charles the Second intituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite by Knights Service and Purveyance and for settling a Revenue upon His Majesty in lieu thereof or by any other Law now in Force relating to the Revenue of Excise.

VII.

Gauger finding a certain Quantity of decayed Wines, &c. with Distillers or Stills as herein described, Proceedings; Obstructing Gauger as herein mentioned; Penalty £20.

And for preventing the making or drawing of Low Wines or Spiritts of a First or Second Extraction by any Compound Distiller or rectifying Distiller or any other co[m]mon Distiller whereby to defraud His Majesty of any of the Duties by this Act imposed Be it further enacted by the Authority aforesaid That if any Gauger or Officer of Excise shall from and after the said Five and twentieth Day of March find in the Distilling-house or other House or Warehouse of any compound Distiller or rectifying Distiller or any other co[m]mon Distiller any Quantity of decayed Wines Cyder or other Materials fitt for or preparing for Distillation whereby hee may be induced to believe that such compound or rectifying Distiller or other co[m]mon Distiller doth or may draw or extract Low Wines or Spiritts from such Materials and such Gauger or Officer shall find any Still or Stills of such Distillers charged or prepared to work. That it shall and may be lawfull to and for such Gauger or Officer to take off the Head of such Still or Stills and to examine what Materials are therein if not att work and in case such Still or Stills shall be att work that then it shall and may be lawfull to and for such Gauger or Officer to stay and continue in such Distillers Distilling-house until such Still or Stills shall be wrought off and then to examine what Materials were wrought therein And in case any such Distiller shall refuse to permitt such Gauger to continue in his Distilling House until such Still or Stills shall be wrought off and examined as aforesaid in every such case such Distiller shall forfeit for every such Offence the Su[m]m of Twenty Pounds.

VIII. Stills, Utensils, &c. charged with Duties and Penalties.

And be it further enacted by the Authority aforesaid That from and after the said Five and twentieth Day of March all and every the Stills. Worms Still-heads and all other Vessells and Utensills for distilling used by any such Distiller or other Person for making of Low Wines or Spiritts for Sale or Exportation into whose Hands soever the same shall come and by what Conveyance or Title soever the same be claimed shall be liable and subject unto and are hereby charged with all and singuler the Debts and Duties of Excise that now are or hereafter shall be in Arrear and owing by any such Distiller or other Person or Persons for any Strong Waters Spiritts or Low Wines so made or drawne as aforesaid And that it shall be lawfull in all Cases to levy Debts and Penalties and use such Proceedings against the Stills Worms Vessells and Utensills therein contained as it may be lawfull to doe in case the Debtor or Offender using the said Utensills had been truly and really Owner and Proprietor of the same.

IX. Gauger to take Account of Wash, &c. and Low Wines, and missing Wash, &c. and not receiving Satisfaction what is become thereof; Proceedings.

And be it further enacted by the Authority aforesaid That the Gauger and Gaugers of Excise shall from time to time gauge and take Account of all Wash and other Materials prepared or prepairing for the making of Low Wines and also of all Low Wines Spiritts or Strong Waters found in the Houses Cellars or Ware-houses or in any Wash Back Cask or other Vessell or Vessells used by any Distiller or Maker of Low Wines or Spiritts And in case hee shall misse any Quantity or Quantities of Liquor or Drink brewed or made from Corne or any Wash or other Materials prepared for making of Low Wines which hee found or gauged the last time such Gauger was att such Distillers not exceeding Twenty foure houres before and shall not on demand receive Satisfaction what is become of such Drink or Wash or other such like Materials That in every such case it shall be lawfull for such Gauger to charge such Distiller with so much Low Wines as such Liquor Drink Wash or other Materials so missing in his Judgment would reasonably have made.

X. Notice to Officer of distilling.

Hours; Penalty £10.

And to the Intent that the Duties payable to His Majesty for all Low Wines Spiritts Aqua Vite and Strong Waters may be the better ascertained collected and levied Be it enacted by the Authority aforesaid That from and after the said Five and twentieth Day of March no Distiller or Maker of Low Wines Spiritts Aqua Vite or Strong Waters shall distill or sett their Stills att work for the drawing or making any the Liquors above mentioned or shall deliver or carry out any Low Wines Spiritts or Aqua Vite to any of their Customers in Cask or by the Gallon without Notice thereof first given to the Officer of Excise for the Place or Division where such Distiller or Maker shall live to the Intent that such Officer may be present to see and gauge the same unlesse att such times as herein after are mentioned (that is to say) from the Nine and twentieth day of September to the Five and twentieth Day of March yearely between the Houres of Five in the Morning and Eight in the Evening and from the Five and twentieth day of March to the Nine and twentieth day of September yearely between the houres of Three in the Morning and Nine in the Evening upon paine that every Distiller and Maker of the Liquors aforesaid doeing contrary hereunto shall forfeit for every such Offence the Su[m]m of Ten Pounds.

XI. Makers of Vinegar, &c. concealing from Gauger.

Penalty.

And be it further enacted by the Authority aforesaid That if any Maker of Vinegar Cyder Metheglin Mead or Sweets for Sale shall att any time hereafter hide conceal or convey away any Vinegar or Liquor prepared for Vinegar or any Cyder Metheglin Mead or Sweets from the sight and view of the Gauger or Gaugers appointed to take account of the same whereby His Majesty shall or may be defrauded of any of the Duties due for the same That every such Maker of such Vinegar Cyder Metheglin Mead or Sweets for every Barrel of Vinegar or Liquor prepared for Vinegar or Sweets so hid concealed or conveyed away as aforesaid shall forfeit the Su[m]m of Forty Shillings and so in proportion for any greater or lesser Quantity and for every Hogshead of Cyder so hid concealed or conveyed away the Su[m]m of Forty Shillings and so in proportion for any greater or lesser Quantity and for every Gallon of Metheglin or Mead so hid concealed or carried away as aforesaid shall forfeit the Su[m]m of Five Shillings.

XII. Maker, &c. of Vinegar refusing Entrance to Gauger and to take Account, &c.

Penalty £15.

And be it enacted by the Authority aforesaid That from henceforth in case any Maker or Retailer of Vinegar or of any of the Co[m]modities aforesaid shall upon due Request or Demand made by the Gauger or Officer in the Day time or if by Night then in the presence of a Constable refuse to permitt such Gauger or Officer to enter and come into his or their House Store-house or other Place belonging to or used by such Maker or Retailer of Vinegar or of any other the Liquors or Co[m]modities aforesaid and to take account of any of the Liquors or Co[m]modities aforesaid in every such Case such Maker of Vinegar or any other of the Liquors or Co[m]modities aforesaid shall forfeit for every such Offence the Su[m]m of Fifteene Pounds.

XIII. Notice by Maker of Vinegar to Officer of Delivery, &c. to Customer, unless at Hours herein mentioned;

Penalty.

And be it enacted by the Authority aforesaid That from henceforth no Maker of Vinegar or Sweets shall sell deliver or carry out any Vinegar or Sweets to any of his Customers either in whole Cask or by the Gallon without Notice thereof first given to the Gauger or Officer of Excise for the Place or Division where such Maker of Vinegar or Sweets shall live to the intent that such Officer may be present to see gauge and take an Account of the same unlesse att such times as are herein after mentioned (that is to say) From the Nine and twentieth day of September to the Five and twentieth day of March yearely between the Houres of Five in the Morning and Eight in the Evening and from the Five and twentieth Day of March to the Nine and twentieth day of September yearely between the Houres of Three in the Morning and Nine in the Evening upon Paine that every such Maker of Vinegar or Sweets doeing contrary hereunto shall for every such Offence forfeit and lose the Su[m]m of Forty Shillings for every Barrel of Vinegar or Sweets that shall be so carried out contrary to the true meaning of this Act.

XIV. 2 W. & M. Sess. 2. c. 9. §11. continued.

And be it further enacted by the Authority aforesaid That a certaine Clause in an Act made in the Second Yeare of the Reigne of His Majesty and the late Queen Mary of blessed Memory entituled An Act for the encouraging the distilling of Brandy and Spirits from Corne and for laying several Duties on Low Wines or Spirits of the First Extraction relateing to Strong Waters Brandy Aqua Vite and other Excisable Liquors brought from the Islands of Guernsey Jersey Sark or Alderney and all the Charges Duties and Penalties and every Article and Thing therein contained shall continue and be of Force and Virtue dureing the continuance of this Act in as full and ample Manner to all Intents and Purposes as if the said Clause were herein Word for Word repeated and enacted.

XV. Recital that Revenue defrauded by Brewers making and mixing as herein mentioned after Account taken, and unduly carrying off, &c. Works, &c.

Brewers to declare to Officer how much of Party Guile they intend to make into Strong Beer, &c; and not to permit Strong Beer to be carried until Small Beer be carried; Proceedings.; Brewer increasing Strong Beer, &c. after such Declaration, &c; Penalty.; In what Case Brewer liable, although Strong Beer, &c. increased by adding Strong Beer, &c. that remained of a former Guile.

And forasmuch as it is found by Experience that the Payment of His Majesties Duties on Beer Ale and other Excisable Liquors is much avoided and defrauded by the Brewers and Makers thereof by their making Drink of an extraordinary Strength and mixing of small Beer or Worts with the same after an Account hath been taken by the Gaugers and by their carrying away or laying off part of their Worts after the same hath been gauged and making them upp by part of another Wort before the Gauger can take an Account of the same by making use of Private Pipes and other Conveyances under ground And by reason the Gaugers and Officers are not duely admitted and permitted to enter and come into the Houses Brew-houses Distilling-houses Store houses and other Places belonging to or used by such Brewers Distillers or Makers of the Liquors aforesaid or being lawfully entred are not quietly permitted to continue in such Brew-house where the said Liquors are brewing and making to gauge and take an Account of the Quantity and Quality of the several Worts as they are brewed off and to see their strong and small drink cleansed and carried out without mixture and to prevent the co[m]mitting any other Frauds Be it therefore enacted by the Authority aforesaid That all Co[m]mon Brewers Innkeepers or Victuallers who after the said Five and twentieth day of March shall brew or make a Party Guile shall declare to the Gauger or Gaugers appointed to gauge and take an Account of the same how much of such Guile hee or they intend to make into Strong-Beer or Ale and how much into Small before any Part of such Guile is cleansed and shall continue all the said Strong-Beer in their Tuns until the said Small Beer shall be carried out and delivered And in case such Brewers Innkeepers or Victuallers or their respective Servants brewing or making such Guile of Beer or Ale shall refuse to declare to such Gauger or Officers how much of their Guile or Brewing they intend to make into Strong Beer or Strong Ale and how much into Small before any part of such Guile is cleansed or shall permitt the said Strong Beer to be carried out of their Tuns until the said Small Beer shall be carried out and delivered such Gauger or Gaugers shall charge and returne the whole of such Guile to be Strong and such Brewer Innkeeper or Victualler shall pay the Duties thereof accordingly And in case such Brewer Innkeeper or Victualler or their respective Servants after such Declaration made shall made any Increase of their Strong Beer or Strong Ale so declared as aforesaid by any Wayes or Meanes whatsoever such Increase shall be deemed and taken to be and proceed from mixing small Beer with such strong Beer or strong Ale And such Brewer Innkeeper or Victualler shall forfeit and lose for every Barrel so increased the Su[m]m of Forty Shillings and so in Proportion for a greater or lesser Quantity over and above the Penalties already imposed for mixing Small Beer with Strong And in case upon any Information brought against such Brewer Innkeeper or Victualler for the Penalties aforesaid it shall appear by the Evidence given in behalfe of such Brewer Innkeeper or Victualler that the Strong Beer or Strong Ale so declared as aforesaid was increased by adding to or mixing with the same any Strong Beer or Strong Ale that remained or was left or returned of a former Guile of his or her brewing such Brewer Innkeeper or Victualler shall incur all the Penalties aforesaid except it be also proved by the Oath of One or more credible Witnesses that such Strong-Beer or Strong Ale so added to such Guile was added to such Guile in the sight and view of the Gauger the said Evidence or any other thing to the contrary in any wise notwithstanding.

XVI. Cleansing or removing Guile, &c. before the Whole brewed off and Account taken without Notice to Officer;

Penalty.

And it is hereby further enacted by the Authority aforesaid That if from and after the said Five and twentieth day of March any co[m]mon Brewer Innkeeper or Victualler shall cleanse carry out remove or convey out of his Brewhouse or Place of brewing any part of his Guile or brewing of Beer Ale or Worts before the whole of such Guile is brewed off and be in his Tuns Backs or Coolers and until the Gauger or Gaugers shall or might have taken an Account of the same and of the distinct Quantities thereof in his respective Vessells without first giving Notice to the Supervisor or Gauger appointed for the Place or Division where such Brewer Innkeeper or Victualler doth or shall inhabitt att what time and how much of such Guile or Brewing hee intends to cleanse carry out or remove and where hee intends to lay or dispose of the same such Brewer Innkeeper or Victualler for every Barrel of Beer Ale or Worts so cleansed carryed out removed or conveyed out of his Brewhouse or Place of Brewing without giving such Notice as aforesaid shall forfeit and lose the Sum of Forty Shillings.

XVII. Brewer refusing Entrance to Officer or to continue whilset Guile brewing and to take Account;

Penalty £20 and Officer not obliged to prove that Brewer carried, &c. Guile before Duties paid.

And it is further enacted by the Authority aforesaid That if any Co[m]mon Brewer Innkeeper or Victualler after the said Five and twentieth day of March shall upon due Request or Demand made by the Gauger or other Officer in the Day time or in the Night in the presence of a Constable refuse to permitt such Gauger or other Officer to enter and come into his House Brew-house Storehouses or other Places belonging to or used by such Brewer Innkeeper or Victualler or being lawfully entred shall refuse such [Officer or Gauger (fn. 3) ] to stay and continue in his Brewhouse or Place of Brewing whilst his Guile is brewing and quietly gauge and take an Account of the several Worts as they are brewed off and lett into his Backs and Tuns and to see their Strong and Small Drink cleansed and carried out without mixture and to gauge and take an Account of the Goods in the Mesh Tun or of the Quantity of Malt from which such Worts are drawne or made such Brewer Innkeeper or Victualler for every such Offence shall forfeit and lose the Su[m]m of Twenty Pounds and the Informer or Prosecutor shall not be obliged to prove that such Brewer Innkeeper or Victualler did carry or deliver out any part of such Guile of Beer or Ale before hee paid and cleared the Duties due for the same Any thing in the former Acts of Excise or any other Act or Statute to the contrary notwithstanding.

XVIII. Brewer, &c. mixing, &c. Beer upon carrying out, or afterwards., &c.;

Penalty £ 5.; Gauger may taste Drink upon Drays and in Cellars; Brewer, &c.; refusing Entrance or tasting; Penalty £ 5.

And for the preventing and discovering of all Frauds made by mixtures or otherwise Be it enacted by the Authority aforesaid That if any Co[m]mon Brewer or Innkeeper after the said Five and twentieth day of March shall upon carrying out his Drink or after the same is carried out start or mix any Small Beer or Small Worts with or amongst any Strong Beer or Strong Ale upon his Dray or in any Victuallers Cellar or other Place such Brewer or Innkeeper so doing shall forfeit and lose for every such Offence the Su[m]m of Five Pounds And further That it shall and may be lawfull to and for the Gauger or Gaugers of the Excise to taste the Drink upon any such Brewers Dray or Drays where and whensoever hee or they shall find and meet the same And alsoe upon Request to enter into the Cellar or Cellars or other Rooms in the Possession of any Innkeeper or Victualler that doe or shall take or receive any Drink of or from any Co[m]mon Brewer and to taste the Drink in the same And if any such Innkeeper or Victualler after the said Five and twentieth day of March shall refuse such Gauger or Gaugers to enter and come into their Cellar or Cellars or other Rooms or being entred shall refuse such Gauger or Gaugers to taste the Drink in the same such Innkeeper or Victualler for every such Offence shall forfeit and lose the Su[m]m of Five Pounds.

XIX. Commissioners of Excise, &c. may summon Parties to give Evidence.

Refusing to appear or to give Evidence; Penalty £10.

And be it further enacted That it shall and may be lawfull to and for the Co[m]missioners of Excise and Justices of the Peace respectively upon any Information exhibited before them for any Offence co[m]mitted against the Laws of Excise to su[m]mon any Person or Persons (other than the Party accused) to appeare before them att a certaine Day Time and Place to be inserted in such Su[m]mons and to give Evidence for the Discovery of the Truth of the Matter in Controversie before them And in case of Neglect or Refusal to appeare or if upon Appearance such Person or Persons shall refuse to give Evidence when hee shall be thereunto required every such Person so making default shall forfeit and lose the Su[m]m of Ten Pounds to be imposed recovered levied and disposed in manner as herein is directed.

XX. Recital of 5 & 6 W. & M. c. 20. §48.

Gauger within Three Days from the End of every Week to deliver to Brewer a Copy of Charge; Penalty £10.

And whereas in and by one Act of Parliament made in the Fifth and Sixth yeares of the Reigne of His Majesty and the late Queen Mary of blessed Memory intituled An Act for granting to Their Majesties several Rates and Duties upon Tunnage of Ships and Vessells & upon Beer Ale and other Liquors for securing certaine Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the of Fifteen hundred thousand Pounds towards the carrying on the Warr against France, Itt is amongst other things enacted in the Words or to the Effect following (vizt.:) That true Notes in Writing of the last Gauges made or taken by the Gaugers shall be left by them with all Brewers Makers or Retailers of Beer Ale or other Exciseable Liquors respectively or some of their Servants att the times of their taking their Gauges containing the Quantity and Quality of the Liquors so gauged upon [certaine (fn. 4) ] Penalties in the said Acts mentioned And whereas it is ( (fn. 5) ) necessary for the securing His Majesties Duties upon the Liquors aforesaid that several Gauges be taken by one or more Officers of every Wort of one and the same Guile or Brewing by reason whereof the said Notes left by such Gaugers doe not sufficiently informe such Brewer or Retailer how much hee is charged in such respective Guile or Brewing Be it therefore enacted and declared by the Authority aforesaid That from and after the said Five and twentieth day of March every Gauger shall within Three days after the end of every Week deliver to or leave with such Brewer or Retailer or their respective Servants a true Copy under his Hand of each respective Charge by him made upon such Brewer or Retailer cotaining the Quantity and Quality of the Liquors by him charged in such Week respectively And if any such Gauger or Gaugers shall refuse or neglect to leave with such Brewer or Retailer or their respective Servants such Copy of his or their Charges as aforesaid or shall Charge such Brewer or Retailer more then such Copy contains such Gauger or Gaugers shall forfeit and lose for every such Offence or Neglect the Su[m]m of Ten Pounds to be recovered by any Person that shall sue for for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record att Westminster in which no Essoigne Protection Privelege or Wager of Law nor more then one Imparlance shall be allowed.

XXI. Gauger delivering Charge not liable to Penalties of former Acts.

And it is hereby provided and declared That no Gauger or Gaugers who doe or shall leave such Copy of his Charges as above directed and required shall from henceforth be liable to any of the Penalties by the former Acts imposed for not leaving Notes of the last Gauges att the Times of their taking such Gauges The said Act or any other Act or Statute to the contrary notwithstanding.

XXII.

Officer may break open Doors, &c. of Brewhouse, &c. to search for private Backs, &c.; and on finding private Pipe, &c. may follow the same into the House, &c. of any other Person, making Satisfaction to Owner.; Opposing Officer; Penalty £20.

And for the better preventing and discovering of all private Backs Tuns and other private and concealed Vessells or other Receptacles and of all Drains Pipes or other Conveyancs to or from the same used by any Brewer Distiller or other Maker or Retayler of Exciseable Liquors to defraud His Majestie of any of the Duties payable by them or any of them respectively Be it enacted by the Authority aforesaid That from and after the said Five and twentieth day of March that it shall and may be lawfull to and for the Officer & Officers of Excise or any of them in their respective Divisions in the Day time and in the presence of a Constable or other lawfull Officer for the Peace who are hereby respectively required to be aiding and assisting therein where they shall have a just Suspicion that any such private Backs Tuns or other Vessells aforesaid are used by any such Brewers Distillers or Makers aforesaid on Request first made and Cause declared to break open the Door or any part of such Brew-house Distilling-house Store-house Ware-house or other Roome in their respective Possessions and to enter into the same and alsoe break upp the Ground in any such Brew-house Distilling-house Store-house Ware-house or other Roome or the Ground neare adjoyning in their respective Possessions to search after such Back Tun or other Vessell aforesaid or any Pipe or other Conveyance leading thereto And in case where they shall find any private Pipe or other Conveyance to search after and follow the same and in case the same shall lead into any Ground House Out-house or Place in the Possession of any other Person or Persons on like Request and with, a Constable to enter into the same and break open the Ground or any part of the House or Houses if Occasion shall be to follow such private Pipe in order to find out and discover such private and concealed Back Tun or other Vessell into which such Pipe or other Conveyance shall lead making good the Ground or House so broken upp or giving reasonable Satisfaction for the same to the Owner or Owners thereof And in case any such Brewer Distiller or any other Person or Persons shall oppose or hinder such Officer or Officers in the due Execution of the Powers and Authorities hereby given or granted every such Brewer Distiller or other Person so doing shall forfeit and lose for every such Offence the Su[m]m of Twenty Pounds.

XXIII. Making, &c. Verjuice for Sale Duties as for Cyder.

And it is hereby further declared that all Persons who shall buy or make Verjuice for Sale shall be chargeable with and pay the same Duties as in case of Cyder and Perry

XXIV. How Penalties sued for and disposed of.

And be it further enacted by the Authority aforesaid That all Fines Penalties and Forfeitures by this Act imposed shall be sued for recovered and levied by such Ways Means and Methods as any Fine Penalty and Forfeiture is or may be recovered by any Law or Laws of Excise or by any Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record att Westminster and that One Moiety of every such Fine Penalty or Forfeiture shall be to His Majesty or His Heires and Successors and the other Moiety to him or them that shall discover informe or sue for the same.

XXV.

Inferior Officers to continue notwithstanding Death or Removal of Commissioners by whom they were appointed, or Alteration of Commissioners, &c.

And whereas His Majesties inferiour Officers whether they be Subco[m]missioners Collectors Supervisors Gaugers or others employed in levying the Rates Impositions and Duties upon Beer Ale and other Exciseable Liquors and upon Salt are by virtue of His Majesties Co[m]mission appointed authorized and constituted by the Chief Co[m]missioners and Governors of and for the Receipt of Excise and Rates and Duties upon Salt or any Five of them And whereas if by the death of any one of the said Chief Co[m]missioners who joyned in the appointing authorizing & constituting any such inferiour Officer or by the Alteration or other Determination of the Co[m]mission to the said Chief Co[m]missioners the Authority given to such inferiour Officer or Officers should be determined it would prove very prejudicial to His Majesty and render it impossible on such Occasions to collect and levy the said Rates and Duties justly and duely as the same ought to be collected and levied For Prevention whereof and of all Doubts and Questions which have been or may arise thereupon Be it declared and enacted by the Authoritie aforesaid That all such inferior. Officers who are have been or shall be duely and legally authorized and constituted in pursuance of any Co[m]mission under the Great Seale of England since His Majesties happy Accession to the Crowne or any such Co[m]mission which shall hereafter be granted to the Chief Co[m]missioners and Governors of and for the Receipt of Excise and Rates and Duties upon Salt do and shall remaine and continue in their respective Offices and Employments notwithstanding the Death or Removal of any Chief Co[m]missioner or Co[m]missioners by whom they were so authorized and constituted or any Alteration Change or other Determination of the Co[m]mission of such Chief Co[m]missioners and Governors until the Authority and Constitution of such inferiour Officers respectively be by the Chief Co[m]missioners and Governors of and for the Receipt of the Excise and Rates and Duties upon Salt for the time being revoked or annulled.

XXVI.

His Majesty or the Exchequer may borrow £70,000 Monies on Credit of Duties.; Interest as herein mentioned.

And to the End aswell the whole Rates and Duties upon Low Wines or Spirits of the First Extraction and Sweets hereby granted as alsoe the weekly Su[m]m herein after mentioned to be taken and applied out of the hereditary Branch of His Majesties Revenues of Excise. upon Beer Ale and other Liquors and out of that part of His Majesties Revenues of Excise upon Beer Ale and other Liquors which is granted to His Majesty dureing His Life (which God preserve) and likewise another Weekly Su[m]m herein after mentioned to be taken and applied out of His Majesties Revenue ariseing within the General Letter-Office or Post-Office or the Office of His Majesties Post-Master-General may be made Funds or Securities for raiseing any Su[m]m or Su[m]ms of Money not exceeding in the whole Five hundred and fifteen thousand Pounds (that is to say) any Su[m]m or Sums not exceeding Five hundred thousand Pounds for defraying the Expences of His Majesties Household and Family and other His Majesties necessary Occasions And any Su[m]m not exceeding Fifteen thousand Pounds for the Relief of the Poor French Protestants by borrowing Moneys upon the same Rates Duties or Branches respectively in such Proportions Manner and Forme as are herein after exp[re]sed Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for his Majesty or His Majesties Officers in the Receipt of His Exchequer to borrow or take in by way of Loan to His Majesties Use on Creditt of the said Rates or Duties upon Low Wines or Spiritts of the First Extraction and Sweets hereby granted any Su[m]m or Su[m]ms of Money not exceeding Seventy thousand Pounds (to be reckoned part of the said Su[m]m not exceeding Five hundred and fifteen thousand Pounds for the Purposes aforesaid) from any Person or Persons Natives or Forreigners Bodies Politick or Corporate as shall be willing to advance or lend the same And that Interest for the Forbearance thereof not exceeding the Rate of Six Pounds per Centum per Annum for the First Forty thousand Pounds and Seven Pounds per Cents per Annum for remaining Thirty thousand Pounds which shall be so lent shall be allowed and paid out of the said Rates or Duties upon Low Wines or Spirits of the First Extraction and Sweets hereby granted And that the Money so to be lent shall not be rated or assessed to any Publick Tax or Assessment whatsoever.

XXVII.

Commissioners of Excise to cause Duties to be paid weekly into the Exchequer; the same to be entered apart from other Monies.

And to the end all the Money that shall be so lent to His Majesty on the said Duties upon Low Wines and Spirits of the First Extraction and Sweets may be well and sufficiently secured and repaid with Interest as aforesaid out of the same Be it further enacted by the Authority aforesaid That the Co[m]missioners of the Excise for the time being shall cause all the Moneys ariseing by the said Duties upon Low Wines Spiritts or Sweetts hereby granted to be brought and paid from time to time Weekly into the Receipt of the Excheq[uer], (that is to say) upon Wednesday in every Week if it be not an Holy-day and if it be then the next day after that is not an Holy-day And that there shall be provided and kept in His Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipts one Book in which all the said Moneys which shall be paid into the Exchequer as aforesaid shall be entred apart and distinct from all other Moneys paid or payable to His Majesty His Heires and Successors upon any Account whatsoever.

XXVIII. Commissioners refusing, &c. to pay, or diverting Monies;

Incapacity and Penalty.

And be it further enacted That if the said Co[m]missioners of Excise for the time being shall refuse or neglect to pay into the Exchequer all or any the said Moneys of the said Duties upon Low Wines Spirits or Sweets hereby appointed to be paid as aforesaid in such manner as they are before by this Act required to do or shall divert or misapply any of the same then they for every such Offence shall forfeit their Offices of Co[m]missioners and Governors for the Management and Receipt of the Excise and be incapable of any Office or place of Trust whatsoever and shall be liable to pay the full value of any Su[m]m or Su[m]ms so diverted or misapplied to any Person or Persons who will sue for the same by any Action of Debt or of the Case Bill Plaint or Information in any of His Majesties Courts of Record att Westminster wherein no Essoign Protection Wager of Law Privelege of Parliament or other Privelege or more than one Imparlance shall be granted or allowed.

XXIX. Comptroller of Excise to keep Account of Duties to which Access may be had without Fee.

And be it further enacted That the Comptroller of the Excise for the time being shall keep a perfect and distinct Account of all the Moneys which shall arise by the said Duties on Low Wines Spirits and Sweets hereby granted as the same shall from time to time arise come or be brought into the said Office of Excise to which Account all Persons concerned shall have free Accesse att all seasonable times without Fee or Charge.

XXX. Tallies of Loan, and Orders for Repayment of Course.

Assignable.; Register of Orders of Repayment kept in the Exchequer; without Preference, and paid in Course; No Fee for providing Register, or for Search.; Penalty.

And be it further enacted by the Authority aforesaid That from time to time upon making any such Loans as aforesaid on creditt of the said Duties on Low Wines Spirits and Sweets Tallies of Loan shall be levied for all and every Su[m]m and Su[m]ms of Money so to be lent And that Orders according to the course of the Exchequer shall be drawne and signed for Repayment of the same and for Payment of such Interest as aforesaid for the Forbearance thereof the said Interest to be paid every Three Months until Satisfaction of the Principal Su[m]m And that all and every such Order or Orders and the Moneys therein to be contained or any part thereof shall be assignable and transferrable without Power of Revocation so as the Assignments thereof be endorsed upon the respective Orders and entred or notified in the Office of the Auditor of the Receipt of the Excheq[uer] in a Book to be there kept for that purpose And that a distinct Register shall be kept in the said Receipt of Exchequer of all the said Orders of Repayment not exceeding Seventy thousand Pounds in which the said Orders shall be registred in Course according to the Date of the Tallies respectively without any [other1] Preference of one before another And that every Person shall be paid in Course as his Order shall stand entred in such Register Book out of the said Duties upon Low Wines Spirits and Sweets by this Act granted which are hereby appropriated thereunto And that no Fee Reward or Gratuity directly or indirectly shall be demanded or taken for providing or making any such Book or Register or for any View or Search in the same by any of His Majesties Officers their Clerks or Deputies on Paine of forfeiting Treble Damages to the Party grieved to be recovered as aforesaid either for demanding or taking any such Fee or Gratuity or for giving any undue Preference in Point of Registry or Payment.

XXXI. What not interpreted undue Preference.

Provided always That if it happen that severall of those Tallies and Orders beare Date or be brought the same day to the Auditor of the Receipt to be registred it shall be interpreted no undue Preference which of those bee entred first.

XXXII. No undue Preference if subsequent Orders paid first, if sufficient reserved for preceding Orders.

Provided alsoe That it shall not be interpreted any undue Preference to incur any Penalty in point of Payment if the Auditor direct or the Clerk of the Pells record and the Tellers do pay subsequent Orders of Persons that come and demand their Moneys and being their Order before other Persons that did not come to demand their Money and bring their Order in their Course so as there be so much Money reserved as will satisfie precedent Orders which shall not be otherwise disposed but kept for them yett so as that Interest of Loan shall in that case cease from the time the Money is so reserved and kept in Bank for them.

XXXIII.

£6,000 out of Hereditary and Temporary Excise Duties applied weekly in Payment of unsatisfied Tallies with Interest at £6 per Cent. Per Ann.; and then in Payment of £400,000, and Interest as herein mentioned, borrowed upon Credit of this Act.; Interest upon Tallies paid every Three Months; Commissioners of Excise to cause the said weekly Sum to be applied.; Penalty.; If weekly Receipt not sufficient, Deficiency made good out of whole Receipt of Excise.

And whereas severall Tallies of Pro or Assignment and other Tallies have been levied or stricken att the Receipt of His Majesties Exchequer upon the said Hereditary Branch of His Majesties Revenues of Excise upon Beer Ale and other Liquors and upon that part of the said Revenues of Excise which is granted to His Majesty dureing his Life (which God preserve) or upon either of them joyntly or severally and divers Su[m]ms of Money upon the said Tallies do now remaine unsatisfied which with Interest for the same or for some of them are appointed or intended to be satisfied or paid out of the Produce of those Branches of Excise in Course according to the Dates of the said Tallies so remaining unsatisfied Be it therefore further enacted by the Authority aforesaid That Weekly and every Week from and after the Twentieth Day of April One thousand six hundred ninety-six the Su[m]m of six thousand Pounds out of the Money from time to time ariseing in the Office of the General Receipt for the particular Branches or Duties of Excise before mentioned which are co[m]monly called the Hereditary and Temporary Excise or either of them shall be seperated and kept apart and shall upon Wednesday in every Week if the same be not an Holyday but if the same be an Holyday then the next day after that is not so be issued paid and applied and the same is hereby appropriated to and for the Payment and Satisfaction of the said Tallies already levied and now remaining unsatisfied on the said particular Branches of Excise or either of them and the Interest thereof not exceeding the Rate of Six Pounds per Centum per annum until the same shall be fully satisfied and paid off And from and after the full Satisfaction thereof then the like Weekly Su[m]m to arise as aforesaid shall in like manner be separated and kept apart issued paid and applied and the same is hereby appropriated to and for the repayment and satisfaction of such further Su[m]m and Su[m]ms of Moneys not exceeding in the whole [the Su[m]m of (fn. 6) ] Four hundred thousand Pounds as by or upon the Creditt of this Act shall be borrowed or charged thereupon as part of the said Su[m]m not exceeding Five hundred and Fifteen thousand Pounds intended to be raised for the several purposes aforesaid and the Interest of the Moneys so to be borrowed not exceeding Seven. Pounds per Centum per annum for the First Two hundred thousand Pounds and Eight Pounds per Centum per anu[m]m for the remaining Two hundred thousand Pounds so as that the Tallies for the principal Su[m]ms respectively shall be paid in Course according to their respective Dates until the same shall be fully discharged and paid off And the Interest upon every such Talley shall be paid every Three Months until the Satisfaction of the Principal And the Chief Co[m]missioners of His Majesties Revenues of Excise for the time being are hereby authorized and strictly enjoyned and required to cause the said Weekly Su[m]m ariseing or to arise as aforesaid to be paid and applied accordingly without diverting or misapplying the same or any part thereof to any other Use Intent or Purpose whatsoever and without giving any undue Preference in the Payment of the said Tallies last mentioned or any of them under the Penalty of forfeiting Treble Damages besides Costs of Suit to the Party grieved who shall or may sue for and recover the same by Action of Debt or on the Case or by Bill Suit or Information as aforesaid And in case in any Week or Weeks the whole Receipt of the Moneys upon the said particular Branches called The Hereditary and Temporary Excise shall not be sufficient to answer the weekly Payment or Payments hereby directed for such particular Week or Weeks That then and so often the Deficiency or Deficiencies thereof shall be supplied and made good out of the whole Receipts upon the said particular Branches of Excise ariseing in the next or any subsequent Week or Weeks wherein such Receipt or Receipts shall be sufficient to beare or make good the same.

XXXIV. Monies and Tallies assignable.

Assignment entered.; Monies lent Tax free.

And be it further enacted by the Authority aforesaid That the Moneys which shall be lent and secured by such Tallies as aforesaid and the Tallies for the same and the Interest thereof shall be assignable and transferable from one Person to another and so over without power of Revocation so as the Assignments or Transferences thereof be entred or notified in a Book for that purpose to be kept in the head Office of the Excise in London and that no Money so to be lent on Credit of the said Weekly Su[m]m of Six thousand Pounds shall be charged or assessed to or for any publick Tax or Imposition whatsoever.

XXXV.

Register of Tallies kept at Head Office of Excise.; Access there to without Fee; Penalty.

And to the end all the Moneys hereby appropriated or intended to or for the Satisfaction of the said Tallies last mentioned and the Interest thereof may be duely applied thereunto and not diverted to any other use Be it further enacted by the Authority aforesaid That there shall be provided and kept by the said Co[m]missioners of Excise in their Head Office aforesaid one Book in which all the said Tallies levied or to be levied as aforesaid upon produceing or shewing the same to them or their Clerk to be appointed for keeping the said Book shall be entred and registed and the particular Dates thereof shall be expressed according to which Dates every Person is to be paid in course as aforesaid And that all Persons concerned shall have free accesse to the said Book att all seasonable times And that no Fee Reward or Gratuity directly or indirectly shall be demanded or taken by the said Co[m]missioners of Excise or any of their Officers Clerks or Substitutes for the Payment of the said Tallies or any of them or of any View Search or Entry concerning the same under the Penalty that the Person offending therein shall be forejudged from his Place or Office and be uncapable to serve His Majestie therein.

XXXVI. Payment of Tallies of subsequent Entry or Date brought first, no undue Preference, if sufficient Money reserved for preceding Tallies.

Provided always and it is hereby declared That it shall not be interpreted an undue Preference or Misapplication where any Tallie or Tallies shall not be brought to the said Office to be entred before they come in course of Payment to satisfie any Tallie of a subsequent Date before the same And if it shall happen that several Tallies shall bear the same Date the said Co[m]missioners may cause them to be entred and satisfied one after another and it shall not be interpreted any undue Preference to incurr any Penalty in point of Payment if the said Co[m]missioners of Excise do pay subsequent Tallies of Persons who come and demand their Money and bring their Tallies before other Persons that did not come to demand their Money and bring their Tally in course so as there be so much Money reserved as will satisfie preceeding Tallies which shall not be otherwise disposed but kept for them neverthelesse in such Cases the Interest shall cease from the time the Money is so reserved and kept in Bank for them.

XXXVII. Proviso for Payment of Salaries and Incidents.

Provided always That any thing in this Act contained concerning the said Weekly Payment shall not be construed to obstruct or hinder the Payment of Salaries or other incident Charges necessary for the Management of His Majesties Revenues of Excise upon Beer Ale and other Liquors Any thing in this Act contained to the contrary notwithstanding.

XXXVIII.

£600 Weekly out of Post Office Duties applied Weekly in Payment of unsatisfied Tallies, with Interest at £6 per Cent. per Ann.; and then in Payment of £45,000 and Interest at £7 per Cent. per Ann; Interest upon Tallies paid every Three Months; post Master General, &c. to cause the same to be paid; Penalty.

And whereas several Tallies of Pro of Assignment or other Tallies have been also levied or stricken att the Receipt of the Exchequer upon His Majesties said Revenue ariseing in the General Letter-Office or Post-Office and divers Su[m]ms of [Money (fn. 7) ] upon the same Tallies do now remaine unsatisfied Be it further enacted by the Authority aforesaid That weekly and every Week from and after the Twentieth day of April One thousand six hundred ninety six the su[m]m of six hundred Pounds out of the Money or Revenue from time to time ariseing in the General Letter-Office or Post-Office before mentioned shall be separated and kept apart and shall (upon Wednesday in every Week if the same be not an Holiday and if it be then the next day after that is not an Holiday) be issued paid and applied and the same is hereby appropriated to and for the Payment and Satisfaction of the said Tallies already levied and now remaining unsatisfied on the said Revenue ariseing in the said Office and the Interest thereof not exceeding the Rate of Six Pounds per Centum per Annum until the same [shall (fn. 7) ] be fully satisfied and paid off And from and after the full Satisfaction thereof then the like Weekly Su[m]m of Six hundred Pounds out of the Revenue ariseing in the said General Letter-Office or Post-Office shall in like manner be separated and kept apart issued paid and applied and the same is hereby appropriated to and for the Repayment and Satisfaction of such further Su[m]m and Su[m]ms of Money not exceeding in the whole the Su[m]m of Forty five thousand Pounds as by or upon the creditt of this Act shall be borrowed or charged thereupon as part of the said Su[m]m not exceeding Five hundred and fifteen thousand Pounds intended to be raised for the several Purposes aforesaid and the Interest thereof not exceeding Seven Pounds per Centum per Annum so as that the Tallies for the Principal Su[m]ms respectively shall be paid in Course according to their respective Dates until the same shall be fully discharged and paid off And the Interest upon every such Tally shall be paid every Three Months until Satisfaction of the, Principal And His Majesties Post-Master and Post-Masters General for the time being and the Receiver General in the Post-Office for the time being are hereby authorized and strictly enjoyned and required to cause the said Weekly Su[m]m of Six hundred Pounds to be paid and applied accordingly And all Matters and Things before by this Act appointed or directed for or concerning the due and regular Payment of the said Tallies att the Excise Office by the Co[m]missioners or other Officers there shall be observed and executed in relation to the Payment of the said Tallies hereby appointed or intended to be paid att the General Letter-Office or Post-Office by the said Post-Masters or other the proper Officers there and under the like Penalties as if the Clauses in that behalfe were again repeated in this Act.

XXXIX. Proviso for Annuities to Prince George of Denmark, and the Princess Anne of Denmarke and Monies under Letters Patent herein mentioned.

Provided always and be it enacted by the Authority aforesaid That this Act or any thing herein contained shall not extend or be construed in any wise to hinder or delay any Payment or Payments whatsoever grown due and incurred or hereafter to grow due for or upon the several and respective yearely Su[m]ms of Thirty thousand Pounds and Twenty thousand Pounds by the Yeare granted to several Persons in Trust for His Royal Highnesse Prince George Hereditary of Denmark and Her Royal Hignesse the Princesse Anne of Denmark and for such further Uses as are mentioned in several Letters Pattents under the great Seale of England bearing Date on or about the Twentieth Day of February One thousand six hundred eighty five and the Twenty third day of May One thousand six hundred and ninety but that the Moneys granted or settled by the said several ires Pattents shall according to the Tenor thereof be duely paid and satisfied out of the several Branches of His Majesties Revenue yearely charged therewith as if this Act had never been made Any thing herein contained to the contrary notwithstanding.

XL. And for Annuity to the Duchess of Cleveland.

Provided neverthelesse That nothing in this present Act shall be taken or construed to take away or interrupt the Payment of one Annuity or yearely Su[m]m of Foure thousand seven hundred Pounds due and made payable out of the Profitts ariseing out of the said Post-Office unto the most Noble Barbara Dutchesse of Cleveland or to her Trustees named in certaine Letters Patents bearing Date the Nineteenth Day of January in the twentieth Yeare of the Reigne of His late Majesty King Charles the Second and confirmed afterwards by an Act of Parliament made in the Two and twentieth and Three and twentieth Yeares of the said King but that the same shall remaine payable unto her or her said Trustees or to any other Person or Persons lawfully claiming under her them or any of them according to the Directions and true Intent and Meaning of the said Letters Patents Any thing in this present Act to the contrary in any wise notwithstanding.

XLI. Notes in Writing of Gauge left by Gauger with Brewer.

Penalty 40s.

Provided neverthelesse and be it enacted That true Notes in Writing of every Gauge made or taken signed by the Gaugers containing the Inches and Tenths of the Backs and Wants of the Tuns and the Quality of the said Liquors respectively shall be left by them with all Co[m]mon Brewers of Beer or Ale or some one of their Servants (if demanded) att the time of the taking their said Gauges on paine to forfeit for every Neglect or Refusal the Su[m]m of Forty Shillings with Costs of Suit to be recovered in any of His Majesties Courts of Record att Westminster by Action of Debt Bill Plaint or Information wherein no Priveledge or Wager of Law shall be allowed nor any more than one Imparlance.

XLII. Recital of c. I. ante, §11.

Corporation of Moneyers refusing, &c. to make and mark into Money Silver Plate as herein mentioned; Proceedings.

And whereas by an Act of Parliament passed this present Sessions intituled An Act for remedying the ill State of the Coyne of the Kingdom Itt is (amongst other things) enacted That in regard the small Pieces of the New Moneys to be coyned will be most useful in Co[m]merce that from and after the Fourth day of February One thousand six hundred ninety five the Master and Worker of His Majesties Mint for the time being shall upon every [Hundred (fn. 8) ] Pound Weight Troy of Sterling Silver to be coyned from the Clipt Money pursuant to the direction of that Act from time to time cause att least Forty Pounds Weight Troy to be coined into Shillings and Ten Pounds Weight Troy to be coined into Sixpences besides the other Coins which hee is to make out of the same pursuant to the Indenture of the Mint And that in case the Master and Worker of the Mint shall omitt so to do hee shall forfeit for every such Offence Twenty Pounds the one Moiety thereof to His Majesty the other Moiety thereof to the Informer to be recovered by Action of Debt Bill Plaint or Information wherein no Wager of Law Protection Privilege Imparlance or Essoigne shall be allowed And forasmuch as the Penalty for not making the several Species of Money in Quantity in the said Act directed is wholly and onely laid on the Master and Worker of the Mint whose part is onely to deliver cleane Silver Plates to the Corporation of Monyers from which the said Corporation are to make and mark the said Moneys for which they by Indenture of the said Mint are to have Nine Pence Halfe-penny per Pound Weight Troy for all such Silver made into Moneys and One Penny per Pound Weight Troy more for [the (fn. 9) ] better and more exact seizing and making the Money Now for the more speedy and effectual Coining of the said Money into the several Species pursuant to the said Act of Parliament Be it enacted by the Authority aforesaid That if the said Corporation of Monyers (being from time to time supplyed with sufficient Clean Silver Plates by the Master and Worker for the making the several Species aforesaid) shall refuse or neglect to make and mark the same into Moneys of the several Species in the said Act directed att the Prices aforesaid or shall not imploy so many Men and Horses as shall be sufficient to keep all the Ten Mills (when furnished) from time to time in full Work for Twenty Hours in each Day That then in both or either of the said Cases it shall and may be lawfull for the Master and Worker of the Mint for the time being to use and imploy such and so many other Persons and so many Horses and pay them for the making doeing and performing of the said Work as shall be necessary and to him shall seem needfull Any Usage Claime or Contract or any other Matter which shall or may be pretended by the said Corporation of Monyers to the contrary notwithstanding.

Footnotes

1 made and drawn O.
2 interlined on the Roll.
3 Gauger or Officer O.
4 interlined on the Roll.
5 friend O.
6 interlined on the Roll.
7 interlined on the Roll.
8 O. omits.
9 theirO.