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How lacemakers may recover debts due to them

for lace fold, or for making

thereof.

Per fons aggrieved may appeal to the

quarter feffi. ons ;

the charges attending the recovery thereof, fhall be fooner paid and satisfied.

III. And be it further enacted by the authority aforefaid, That from and after the faid twenty-fourth day of June, one thousand seven hundred and feventy-nine, if any fum or fums of money fhall be due and owing to any perfon or perfons employed in the making of any bone or thread lace, for his or her labour, or for the purchase of any fuch lace, every fuch perfon fhall and may apply to any juftice of the peace for the county, city, or place, where the caufe of complaint fhall arife; and in cafe it fhall, upon the oath of the party complaining, (which oath fuch juftice is hereby impowered to adminifter), appear to such juftice that fuch money is due and owing as aforefaid, then fuch justice hall and is hereby authorifed and required to caufe the fame to be levied and recovered in the fame manner as the forfeiture herein-before impofed is directed to be levied and recovered.

IV. Provided always, That if any perfon fhall think himself or herself aggrieved by any thing done in purfuance of this act, it thall and may be lawful for any fuch perfon to appeal to the justices of the peace, at any general quarter feffions to be holden for the county, city, or place, where the act, order, or proceeding, appealed against fhall be made or done, within fix calendar months next after the making or doing thereof, the perfon appealing first giving fourteen days previous notice to on giving 14 the perfon or perfons in whofe favour fuch act, order, or pro

days notice.

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ceeding, fhall be made or done, of his or her intention to bring fuch appeal; and the juflices at fuch quarter feffions are hereby authorised and required to hear and determine the matter of every such appeal, and to make fuch order therein, and to award fach colts to either party, as they fhall think proper, and by their order or warrant to levy the costs which shall be fo awarded by distress and fale of the goods and chattels of the perfon or perfons liable to pay the fame, rendering the overplus (if any) to the owner or owners of fuch goods and chattels, after deducting the reafonable charges of fuch diftrefs and fale; and the determination of the juftices in the faid quarter feffions thall be final, binding, and conclufive upon all the parties.

CA P. L.

An act for more effectually preventing frauds by private diftillers, and for the better fecuring the duties on low wines and spirits.

W

HEREAS the duties on low wines and fpirits are greatly diminished, and the fair trader much injured, by means of Small fills privately made use of for making and diftilling low wines and Spirits; and whereas, notwithflanding the many laws already made for fecuring thefe duties, and for protecting the fair trader, many grofs frauds are daily practifed by evil-minded and indigent perfons, who are encouraged in fuch practices from the great length of time

allowed

After June 24

allowed by thofe laws for the payment of the duties arising from low wines and fpirits; now, for remedy of these mischiefs, be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authori-. ty of the fame, That, from and after the twenty-fourth day of June, one thousand seven hundred and feventy-nine, every per- 1779, every fon or perfons making or keeping any wash fit for diftillation, perfon makand having in his, her, or their occupation, poffeffion, or culto- ing wash for dy, any ftill or ftills, the cubick contents of which, when the diftillation, head is on, will amount to two gallons or upwards, proof being and having in his poffeffion thereof made, by the oath of one or more credible witness or witnesses, before any one or more of the commiffioners of excife cubick confor the time being, or before one or more of his Majesty's jufti- tents of two ces of the peace, who are hereby refpectively impowered to ad- gallons, fall be deemed a minister the fame, fhall be deemed and taken to be common diftillers for fale, and shall be liable to the feveral rates and tiller, &c. duties of excife, and be fubject to the furvey of the officers of excise, and to the feveral penalties, fines and forfeitures, impofed by act or acts of parliament now in force, in any wife relating to distillers; any law, ftatute, or ufage, to the contrary in any wife notwithstanding.

a (till of the

common dif

II. And whereas, by an act, passed in the tenth and eleventh years Recital of to of the reign of King William the third, intituled, An act to pro- & 11 Gul. 3, hibit the exceffive diftilling of spirits and low wines from corn, cap. 4; and against the exporting of beer and ale, and to prevent frauds in diffillers, it was, amongst other things, enacted, That if any of ficer of excife should, under the authority of a warrant from a juftice of the peace, difcover and find any private and concealed ftill, back, or veel, fpirits, low wines, or materials preparing for dislillation, that in fuch cafe every fuch still, back, or other veffel, and alfo fuch fpirits, low wines, and materials for diftillation, should be abfolutely forfeited, and that the perfon or perfons claiming the fame fhould forfeit, for every place in which such still, back, or other veffel fhould be found, and alfo for every fuch fill, back, or other vessel, found therein, the fum of two hundred pounds: and whereas by one other act, paffed in the tenth and eleventh years of the reign of King William the third, intituled, An act for laying further duties up- and cap. 21. on fweets; and for leffening the duties as well upon vinegar as upon certain low wines and whale fins, and the duties upon brandy imported; and for the more eafy raifing the duties upon leather; and for charging cinders; and for permitting the importation of pearl athes; and for preventing abufes in the brewing of beer and ale, and frauds in the importation of tobacco; it was enacted, That the proprietor of any private ftill, back, or other veffel, which should be difcovered, according to the directions of the before recited act, or the perfon in whofe cuftody the fame should be found, should forfeit and lofe, for every fuch fill, back, and other veffel, the fum of two hundred pounds: and whereas it may be doubted whether, upon the discovery and finding of private and concealed ftills, backs, and other vessels, and of spirits, low wines, or

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materials,

Officer of ex cile difcovering any private ftill, &c.

or any mate

materials, preparing for diftiliation, by any officer or officers of excife not having a warrant from a justice of the peace, fuch private and concealed stills, backs, or other veffels, fpirits, low wines, or materials preparing for diftillation, are forfeited, and liable to be feized by fuck officer, and whether the proprietor of fuch private and concealed ftills, backs, or other vessels, jo difcovered, or the perfons in whose cuftody or poffeffion the fame shall be found, are liable and subject to the faid penalty of two hundred pounds: now, to obviate all fuch doubts, be it further enacted by the authority aforefaid, That if any officer or officers of excife hall at any time difcover and find any private or concealed ftill, back, or other vessel, for the making, preparing, or keeping of wath, low wines, or rials preparing pirits, or other materials preparing for diftillation, then, and for diftillation, in every fuch cafe, it thall be lawful for fuch officer to seize may feize the every fuch ítill, back, or other veffel, and all fuch low wines, fpirits, wash, and other materials, preparing for diftillation, which he thall fo find and difcover, and either to detain and keep the fame in the house or place where found, or to remove the fame to the office of excife next to the place where he thall If the faid ftills fo find and discover the fame; and in cafe the fame thall not, c. be not, within ten days next after fuch feizure, be claimed by the true within ten and lawful owner thereof, then the faid ftills, backs, and other days, claimed by the owner, veffels, fpirits, low wines, wash, and other materials preparing they fhall be for diftillation, fhall be abfolutely forfeited; and the proprietor forfeited; and of any fuch private and concealed back, ftill, or other veffel, or the proprietor the perfon in whofe cuftody the fame fhall be found, fhall forperlon inwhofe feit and lofe, for every place in which any fuch private ftill, back, cuitody they and other veffel, thall be found, and alfo for every fuch ftill, are found,fhall back, and other veffel found therein, the fum of two hundred for feit for each pounds: and if any perfon or perfons fhall obstruct, oppose,

fame.

tereof, or the

particular,

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Penalty on obftructing officers in feizing fuch tills, &c.,

No person to make entry

houfe or fill

for making Jow wines

or fpirits un

lefs he thall Occupy a tene

moleft, or hinder, the officers of excife, or others acting in
their affistance, in the due feizing such private ftills, backs, and
other veffels, fpirits, low wines, wafh, or other materials pre-
paring for diftillation, or in removing the fame, or any of them,
after feizure, to the next office of excife, as aforefaid; then,
and in every fuch cafe, every perfon fo offending fhall forfeit
and lofe the fum of one hundred pounds.

III. And be it further enacted by the authority aforesaid, That, from and after the twenty-fourth day of June, one of any work- thousand feven hundred and feventy-nine, no perfon or perfons whatfoever shall be permitted to make entry of any workhoufe or place, or of any ftill or utenfil for making, diftilling, or keeping of low wines or fpirits, unlefs fuch perfon or perfons fhall Occupy a tenement or tenements of the yearly value of ten pounds, or upwards, and for which he, the, or they, fhail accordingly be affelfed in their own name, and fhall also pay to the parish rates in the feveral parishes or places in which they thall respectively refide; and that no entry of any workhoufe, place, still, or utenfil, for making, distilling, and keeping, of low wines and fpirits, then made, or thereafter to be made, of any fuch workhoufe, place, ftill, or utenfil, shall be of any avail

ment of 10 per ann. and Thall pay to parish rates.

to

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;

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1779.1

Anno decimo nono GEORGII III. c. 50.

to any perfon not fo qualified, or for any longer time than the person or persons so making entry fhall be qualified, as aforefaid; and every perfon making or diftilling low wines or spirits, and not qualified as aforefaid, fhall notwithstanding any entry by him, her, or them made, be deemed and taken to be perfons making and diftilling low wines and fpirits without entry, and fhall be fubject to the like penalties and forfeitures as perfons making and diftilling low wines and fpirits without entry are, by the ftatutes in fuch case made and provided, now subject unto.

277

wines and

fpirits.

IV. And, for the more effectual securing the duties on low wines Distillers to and fpirits, made and diftilled within Great Britain, be it further make entry, weekly, of all enacted by the authority aforesaid, That, from and after the the wash ufed twenty-fourth day of June, one thoufand feven hundred and by them in feventy-nine, all and every perfon whatfoever, who fhall make making low or diftill low wines or fpirits, fhall, weekly and every week, make a true entry in writing at the next office of excife, within the limits of which the faid low wines or fpirits are by him or them refpectively made or diftilled, of all the wath by him, her, or them, refpectively ufed for the making of low wines and fpirits, within each week, on pain to forfeit, for every neglect of making fuch true entry, the fum of ten pounds.

V. And be it further enacted by the authority aforefaid, Distillers not paying duties That every diftiller who fhall not pay and clear off within a within a week week after he, the, or they, fhall have made his, her, or their after entry, entry, or ought to have made his, her, or their entry as afore- to pay double. faid, fhall pay double the value of the duty.

ward door of

VI. And be it further enacted by the authority aforefaid, Certain words That, from and after the faid twenty-fourth day of June, one to be painted thousand seven hundred and feventy-nine, every maker, diftil- over the outler, rectifier, and compounder, of fpirits, who thall make, every tilldiftill, rectify, or compound, any fpirituous liquors for fale with- houfe, torein Great Britain, fhall caufe to be painted, in durable large legi- houfe, &c. ble characters, over the outward door of each and every ftillhouse, storehouse, warehouse, fhop, cellar, vault, and other place by him, her, or them, refpectively made ufe of for the making

or keeping of British-made spirituous liquors, the words difliller, on forfeiture reclifier, or compounder of fpirituous liquors, (as the cafe may be ;) of 1ool. upon pain of forfeiting, for every fuch filhoufe, ftorehoufe, warehoufe, fhop, cellar, vault, or other place, which, from and after the said twenty-fourth day of June, one thousand feven hundred and feventy-nine, thall be fo made ufe of by fach maker, diftiller, rectifier, or compounder, without having the faid words fo painted as aforefaid, the fum of one hundred pounds.

VII. And it is hereby further enacted by the authority afore- Penalty on faid, That if any perfon who thall either make, diftill, rectify, buying Britif. or compound, any British-made fpirituous liquors for fale, or made fpirits of any perfon who thall fell or deal in any fort of fpirituous liquors, fhall re- other than a ceive or buy, or procure or employ any perfon to receive or diftiller, &c, buy for him, her, or them, or for his, her, or their ufe, any who has the British-made fpirituous liquors, (except at the publick fales of before-mentioned words fuch

T 4

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painted over the outer door

of his ftillJoufe, &c. Exception.

Either buyer or feller informing against the other party,

fhall be dif

charged of his own penalty.

Penalty on perfons, not having made entry of all

by them,

fuch British-made fpirituous liquors as have been condemned, and are fold under the direction of the commiffioners of excife,) of any perfon or perfons other than a maker, diftiller, rectifier, or compounder of fpirituous liquors for fale, over the outward door of whofe ftillhoufe, ftorehouse, warehouse, fhop, cellar, vault, or ther place by him, her, or them, refpectively made ufe of for the making or keeping of Britifb-made fpirituous liquors, fhall be painted as aforefaid, the words diftiller, rectifier, or compounder of fpirituous liquors, as the cafe may be; every fuch person so offending fhall forfeit and lofe, for every fuch offence, the fum of fifty pounds.

VIII. And, for the more effectual discovery of fuch offenders, be it further enacted by the authority, aforefaid, That the offending party or parties, whether buyer or feller of fuch British-made fpirituous liquors, who fhall firft difcover and inform against the other of the faid parties, fhall, in every such case, be, and he is hereby declared difcharged and acquitted of and from all penalties and forfeitures, which, at the time of fuch information given, he might be liable for or by reason of such his own offence.

IX. And be it further enacted by the authority aforefaid, That if any perfon whatever, other than fuch as fhall have duly made entry of all the places by him, her, or them respectively the places ufed made ufe of for making or keeping of British-made fpirituous liquors, fhall paint, or caufe to be painted, over the door of any who fall paint place to them refpectively belonging, the words diftiller, rectifier, their doors the or compounder of fpirituous liquors, or either of them, every perwords diftiller, fon fo offending fhall forfeit and lofe the fum of two hundred rectifier, &c. pounds, and fhall alfo be fubject to the feveral penalties and forfeitures to which perfons making or diftilling fpirituous liquors for fale, without making entry, are now subject unto.

over any of

All the powers, penalties,

and torfeit

ures, &c. contained in former revenue

laws, to be applied in col

Jecting, levy

nalties men

X. And be it further enacted by the authority aforefaid, That all and every the powers, authorities, rules, methods, penalties, and forfeitures, claufes, matters, and things, which, in and by an act made in the twelfth year of the reign of King Charles the Second, intituled, An at for taking away the court of wards and and liveries, and tenures in capite, and by knights fervice, and purveyance, and for fettling a revenue upon his Majefty in lieu thereof, ing, and re- or by any other law now in force relating to his Majefty's revecovering, the nue, upon beer, ale, or other liquors, are provided, fettled, or duties and pe- eftablifhed, for fecuring, enforcing, managing, raifing, levying, tioned in this collecting, paying, mitigating, or recovering, adjudging, or af certaining, the duties or penalties thereby granted, and for preventing, detecting, and punithing, frauds relating thereto, (not otherwife altered by this act) fhall be exercifed, practifed, applied, and impofed, levied, recovered, and put in execution, for the fecuring, enforcing, managing, raifing, levying, collecting, paying, mitigating, and adjudging, afcertaining, and recovering, the duties and penalties herein mentioned and directed, and for preventing, detecting, and punishing, frauds relating thereto, as fully and effectually, to all intents and purposes, as if all and every the faid powers, authorities, rules, directions, methods,

act.

penalties,

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