from. duty fhall be held to be a compofition for the duty on malt to made into the extent of two hundred and fifty bolls, Linlithgow meafure, fpirits yearly and no more, and for the duty on the fpirits manufactured in by a fill of 40 gallons, such still to the extent of one thousand fix hundred and fixty and of the gallons English, and no more; and when a licence fhall be taken fpirits proout, and the compofition duty paid, for any ftill of a leffer fize, duced there the like proportion fhall be observed both as to the quantity of malt, and the quantity of fpirits for which fuch duty fhall be held to be a compofition; and that for all malt which fhall be Duty to be used or made by fuch licensed diftiller, over and above the faid paid for all malt and quantity, and for all fpirits which fall be manufactured from fpirits exfuch ftills, over and above the quantity aforesaid, there fhall be ceeding those paid the fame duties to which the entered maltfter and diftiller quantities. are, by the laws of excife, liable. malt, etc. rits to be re IX. And, for the more effectually fecuring to his Majesty's revenue the payment of the above-mentioned duties, for all fpirits which the owners of fuch fills fhall be able to manufacture beyond the quantity correfponding as aforesaid, to the respective fizes of the fills, be it enacted by the authority aforefaid, That the officers of excife Excife officers fhall at all times have full liberty to enter into and survey the may enter and malt barns and diftilleries belonging to fuch licenfed diftiller, barns and furvey malt and to keep an exact account of the malt and spirits manufac- diftilleries, tured therein, and to charge with the ufual duty all malt, made and charge or used therein, exceeding the quantity of two hundred and fifty with the ufual bolls in the year, and all fpirits exceeding in quantity one thou-duty all fuch fand fix hundred and fixty gallons annually; and that no spirits manufactured fhall, from and after the faid first day of December, one thou- therein. fand seven hundred and eighty-five, be allowed to pafs or be From Dec. 1, carried from one place to another within the counties or dif- 1785, no fpitricts aforesaid, to which counties or diftricts the fale of the fpi- moved, within rits to be manufactured in the ftills to be licensed under this act the beforeis hereby expressly restricted, without being accompanied with mentioned a permit from the proper officer, expreffing the quantity so permitted to pass, and alfo mentioning that the fame is the produce of a licensed still; that the owner or owners of fuch licensed still or ftills fhall, in confideration of the annual compofition paid by him, her, or them, be entitled to demand free permits, in the course of the year for which fuch licences are held, for thẹ quantity of spirits before expreffed as the produce of a ftill containing forty gallons, and for a proportional quantity if the ftill be of a leffer fize, but for no more, allowing them to pafs any where within the faid counties or diftricts; and in fo far as permits are demanded for a greater quantity, they fhall only be obtained on payment of the duties chargeable by law on the entered diftillers and maltfters. moved,within districts, without a permit. 1 X. And, for the more effectually preventing the fpirits which may be diftilled by virtue of this act, from interfering with or prejudicing the trade of the entered diftillers, who carry on their bufinefs fubject to the payment of thofe duties which are impofed by the laws of excife; be it enacted, That no ftill fhall be licenfed in the counties of No ftills to Dumbarton, Stirling, Clackmannan, and Perth, to the eaft or be licenfed in E right certain parts of the coun- Spirits, the Penalty on licenfed dif- fion fills right hand of a line beginning at the boat of Baloch, where Lach Lomond runs into the river Leven, and proceeding along the great military road from thence by Bucklivie, to the town of Stirling; and from thence along the great road called Hillfoot Road, on the fouth fide of the Ochell Hills, till it meets with the great road from Kinrofs to Perth, and along the fame till it comes to the bridge of Earn, and along the water of Earn till, its junction with the river Tay, and along that river till it joins the German ocean; and that no fpirits, the produce of such licenfed ftills, fhall be allowed to pafs, either with or without, permit, into the fouthern parts of the kingdom, either by land across the line above expreffed, or by water carriage from the coafts or ports of any of the counties mentioned in this act; and that all spirits, diftilled to the weft and north of the above line, the produce of fuch licenfed ftills, or not produced by fills entered in the manner directed by the laws of excife, that fhall be found paffing to or in other parts of the kingdom, either with or without permit, fhall be liable to feizure by the proper officers, to be disposed of by them in the fame manner as other fpirits fo feifed are directed to be difpofed of by the laws of excife. XI. And it is hereby enacted by the authority aforefaid, That every licenfed diftiller having in his poffeffion or ufing a ftill of larger dimenfions than thofe for which he has obtained a licence, and paid a compofition, fhall be fubject to a further duty of two pounds fterling for each gallon fuch still shall contain, over and above the quantity fpecified in his licence; and if fuch furplus fhall exceed three gallons English, he thall forfeit pounded for; fuch still, and all the utensils thereto belonging, together with his licence, and be liable to a penalty of twenty pounds fterling; and further, if he fhall be convicted of having in his poffeffion any other ftill than that for which he has obtained a licence, he fhall in like manner forfeit his licence, and be fubject to a penalty of fifty pounds fterling, and fuch unlicenfed ftill fhall be feifed and forfeited and every licensed diftiller, who thall be convicted of using any grain, not the growth of the counties. above-mentioned, or fome one of them, fhall forfeit five fhillings per bushel for all fuch grain or malt, and shall in like manper forfeit his ftill and utenfils, and his licence. or on difpofing of any malt, etc. XII. And it is hereby declared, That no licensed diftiller or diftillers fhall fell or difpofe of any malt, under any pretence whatever, nor have in his, her, or their cuftody, any corn fpirits other than thofe of their own manufacture, unless the fame fhall have been purchased from an entered or licensed diftiller, and accompanied with a regular permit; and if he, the, or they, fhall act contrary hereto, he, the, or they, shall forfeit their licence and utenfils, and double the value of the said malt and fpirits. XIII. And whereas the licensed diftiller is intitled by this act ta free permit to the extent of one thousand fix hundred and fixty gallons of Spirits, for a fill of forty gallons, and fo in proportion for one of a lesser fize, being the full quantity for which the above compofition No spirits to is meant to be paid; it is declared, That no fpirits fhall be re- be removed from the place moved from the place they are diftilled at, without a permit; where diftiland that all spirits carrying from one place to another, without led, without a permit, fhall be feifed and forfeited. XIV. And, in order 'the more effectually to prevent the use of fills of any other fize than thofe allowed by the laws of excife, or thofe authorized by this act, and the diftilling of corn fpirits by any perfons other than thofe qualified according to law, or who shall hold licences A permit. in pursuance of this act, be it enacted, That, from and after the Directions paffing of this act, no ftill fhall be made or offered to fale for relative to the making of home use, without having ftamped or engraved thereon the ftills. maker's name, and place of refidence, with its cubical content expreffed by the number of gallons, under a penalty of ten pounds fterling on the maker or feller of every ftill made or fold contrary to this provifion; and alfo, that all ftills made for the ufe of chymifts, druggifts, or perfumers, fhall in the fame manner be marked, Chymifts, Druggifts, or Perfumers Still; and that no person fhall fell, for home ufe, a still of the dimenfions permitted to be licensed by this act, except to persons who poffefs licences in pursuance thereof, or on feeing a certificate, from the collector of the bounds, of their licence being ordered by the commiffioners of excife; and further, That if any ftill Stills made shall be found, on the faid first day of December next, in the contrary thereto, may poffeffion of any perfon refiding within any of the before-men- be filed and tioned counties or districts, not having the name and place of deftroyed. the maker, its contents, or number of gallons, expreffed upon it as herein before directed; or if its dimenfions be of a kind not allowed by law to be used in the diftillation of corn fpirits, not marked as a druggifts, chymifts, or perfumers ftill, fuch still shall be liable to seizure by any officer or officers of excife, who are hereby directed to destroy the fame; and the materials of all such illegal ftills, fo feifed and destroyed, fhall be fold by or under the direction of the collector of the bounds, and the money arising from fuch fale fhall be difpofed of in like manner as the penalties herein-after mentioned are directed to be dif pofed of. piration of XV. And be it further enacted, That the licensed diftiller, Stills how to on the expiration of his licence, unless the same shall be renewed be difpofed of, within eight days after fuch expiration, fhall be obliged to de- after the expofit his ftill with the officer of the district, or to difpofe of it licence. in the view and prefence of the faid officer, to fome other perfon taking out a licence, or to the original maker thereof; and in case of his failing so to do, or ufing the faid ftill during the faid eight days, he thall be confidered as an illicit diftiller, and be liable to the fame penalties. XVI. And be it further enacted by the authority aforefaid, That the commiffioners of excife may withdraw the licences, Commissionor reftrict their number, in all or any of the counties before- ers of excise mentioned, during the course of any year, upon an application may withdraw licences, or from the commiffioners of supply of fuch county, affembled at reftrict their a meeting number, upon E 4 application a meeting previously advertised and called for the purpose, by from the com- the convenor of the county, certifying, as the ground of fuch miffioners of application, that there are probable grounds for apprehending a fupply. Penalties and forfeitures covered and applied. fcarcity of grain; and in cafe the licences fhall be withdrawn, the licensed diftiliers fhall be respectively intitled to a return or abatement of a proportion of the duty which had been paid for fuch licences; and in cafe a restriction only shall be inpofed, fuch restriction to be proportionably laid on all the parishes of the county. XVII. And it is hereby further enacted, That all penalties and forfeitures impofed by this act, thall and may be fued for how to be re- before any two of his Majefty's juftices of the peace within the county where the offence fhall be committed, whose sentence fhall be fubject to review only by the juftices of the county in their quarter feffions, or before the barons of his Majefty's court of exchequer, but before no other court; and that the faid penalty and forfeiture fhall be fued for and recoverable by any of the officers of excife, or any of the expectants of excife, or any member of the kirk feffion in the parish within which the offender lives, or by any licensed diftiller within the fame parish or county; and the one half of the faid penalties and forfeitures ihall go to the poor of the parish within which the offence is committed, and the other half thereof to the profecutor, and of Limitation of which there fhall be no power of mitigation; and all actions actions. for the recovery thereof thall be commenced within fix months after fuch offence has been committed. .. C A P. XXIII, An act for better paving, clean fing, lighting, and watching the streets, lanes, yards, courts, alleys, and paffages, within that part of the parish of Saint Mary Magdalen, Bermondfey, in the county of Surrey, called The Water-fide Divifion, and for removing and preventing nuffances, and annoyances therein; and for lighting and watching certain parts of and belonging to the turnpike road leading from the east end of New Street, in Southwark, to Deptford, in the county of Kent, within the faid Water-fide Divifion of the faid parish, therein menti oned. Commiffioners appointed for putting this act in execution. Qualification of commiffioners, sol. per ann. or 1,000l. perfonal eftate. Penalty on acting, not being qualified, sol. Victuallers incapable of being com miffioners. Meetings to confift of 5 or more commiffioners. Adiourn. ments. Commiffioners to pay their own expences. Commiffioners may appoint officers, and allow them falaries. Officers to account. If balance be not paid, it may be levied by diftrefs. On failure of di stress, etc. offender may be committed. Limitation of imprisonment, fix months. Officers taking fees, or being interested in any bargain, incapable of ferving, and to forfeit 100l. Commiffioners impow ered to pave all the streets, lanes, yards, courts, alleys, and paffages, within the faid divifion, of the said parish of Saint Mary Magdalen, Bermondfey; and alfo to repair all the highways in the faid parish, not under the direction of particular trustees, by virtue of any act of parlia ment, and to caufe all to be cleanfed, lighted, and watched; and may light and watch the turnpike road, and contract for pavements, etc. Surveyors to infpect the works, and if contract not performed, actions to be brought thereon. Materials may be dug out of or brought into streets, etc. Property of all materials to be vefted in the commillioners. Penalty on interrupting workmen; first offence, 205. second, 40s. and third, 31. Commiffioners may fell the oid materials, and apply the money to the purposes of the act. No alteration to be made in the form of the pavement, without confent of commiffioners. Commiffioners to provide watch-houses, watch boxes, watchmen, and beadles, The duty of watchmen and beadles is to endeavour to prevent all mischiefs by fire, all murders, burglaries, robberies, disturbances, and breaches of the peace, and all outrages, mifdemeanors, indecencies, and diforders; and for that purpose, without warrant, to arrest, and detain in the watch-houfe, or other convenient place, provided by the commiffioners within the faid Water-fide Divifion, all malefactors, rogues, vagabonds, disturbers of the peace, and other diforderly perions, found loitering, wandering, or misbehaving, or committing diforders in or near the faid divifion, or whom the faid watchmen shall have reason or just cause to suspect of any evil defign, to be carried before a justice of peace, to be examined and dealt with according to law. Commiffioners of fewers to make and repair grates, fewers, and drains, and to caft the fewers within the faid divifion. If commiffioners of fewers neglect to do the works, commiffioners for pavements to do the fame, and recover expences. Commiffioners of paving to alter gutters, or channels in the ftreets. Lamp-irons may be fixed against walls of houses. Perfons wilfully damaging lamps, etc. may be feized without warrant, and tọ forfeit 51. for each lamp, and pay damages, or may be committed to hard labour for fourteen days. Perfons accidentally damaging lamps, etc. to make fatisfaction. Commiffioners to employ perfons to cleanse, and to purchase carts, etc. Penalty on laying afhes, etc. in the streets; first offence, 20s. fecond, 40s. and third, 31. faving the right of the owner or occupier of the mill-pond there, who may caft the foil thereout as heretofore. Penalty on obftructing the streets by carriages, etc. to forfeit 20s. and pay damages. Penalty on driving, etc. wheel-barrows, etc. on the foot pavement; for firft offence, 5s. fecond, 10s. and third, 208. Hoards, etc. may be made for building, by leave of the furveyor. Foot pavements to be swept every day except Sundays. Houfes to be numbered, and names of ftreets to be affixed on the corner houses. Signs, etc. regulated. Penalty on offenders, 51. To remove the foil, at any time caft out of Saint Saviour's Mill-pond, within five days. If foil not removed within five days, the furveyor to remove the same, and recover double the expence. Steps, etc. projecting too far to be removed. Commiffioners not obliged to pave highways. Rates, upon occupiers of houfes, fhops, warehouses, wharfs, dock-yards, or other yards, mill, mill-ponds, rope-walks, cellars, vaults, or other tenements in the faid divifion, whether occupied with land or not, and on every perfon occupying land therein, and on all occupiers of houfes, fhops, warehouses, land, cellars, vaults, or other tenements in the divifion of the faid parish of Bermondsey, called The Land-fide Divifion, on the fouth fide of the turnpike road, fo to be lighted, at the rate of 28. 3d. in the pound on houses, and 9d. in the pound on land: and the houses in the occupation of Samuel Read, Robert Lewis, Thomas Crout, William Randall, Thomas Child, Thomas Flowers, William Burrell, and John Keating, to be charged with the land held therewith, at 9d. in the pound. Half rates till paved. Rates to be figned by juftices, Owners of houfes, let out in tenements, to be affeffed, and to be paid by any tenant, and deducted out of the rent. Meeting-houfes and void fpaces of ground to be rated at the difcretion of the commiffioners, and to be paid by the proprietor, truftee, treafurer, or minister, or deacon officiating. Rates recoverable by action, with cofts. Occupiers quitting without paying rates may be followed, and by warrant their goods diftrained. Any perfon authorized by commiffioners to infpect parish rates, etc. Perfons paying this rate exempted from all other expences of paving, etc. Pavements liable to be repaired by any parishes, corporations, or trustees of turnpikes, etc. to be repaved at their expence. The commiffioners may compound with fuch parishes. 3,000l. may be borrowed on annuities. Annuities charged upon the rates, and 1 |