it is expedient to provide the Rules, Regulations, Restrictions and Provifions hereinafter contained for preventing Frauds relating thereto;' Be it therefore enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the Commencement of the faid Act, the Mafter or Purfer for that Voyage of the Ship or Veffel wherein any Malt fhall be imported from Ireland into any Part of Great Britain fhall, within Twenty Days next after he fhall have or ought to have made a just and true Entry or Report upon Oath of the Burthen, Contents and Lading of fuch Ship or Veffel, in pursuance of the Directions of an Act made in the 13 & 14 Car. 2. Thirteenth and Fourteenth Years of the Reign of King Charles Importation of C. 11. Entry. Day paid be fore landing. Penalty Officers may KO. and fearch for Malt. the Second, intituled, An Ad for preventing Frauds, and regulating Abufes in His Majesty's Cuftoms, the Proprietor or Proprietors, Importer or Importers, Confignee or Confignees of any fuch Malt, fhall make due Entry with the Collector of Excife in the Port or Place where fuch Malt fhall be fo imported of all fuch Malt on board of fuch Ship or Veffel belonging to fuch Proprietor or Proprie. tors, Importer or Importers, Confignee or Confignees, fpecifying in fuch Entry the Quantity or Quantities of fuch Malt then laden in and on board of fuch Ship or Veffel, and fhall then and before the landing of any fuch Malt, fatisfy and pay down, in ready Money, without any Difcount or Allowance, the Duties by this A&t impofed on fuch Malt; and fhall alfo, within fuch Twenty Days, land all fuch Malt; and if fuch Proprietor or Proprietors, Importer or Impor ters, Confignee or Confignees, fhall neglect or refufe to make due Entry, or to pay fuch Duties, or to land any fuch Malt within fuch Twenty Days, then, and in every fuch Cafe, all fuch Malt fhall be forfeited, together with the Packages containing the fame, and the fame refpectively fhall and may be feized by any Officer or Officers of Customs or Excife. (a) [The word “unfcreened" does not appear in 50 G. 3. c. 34] II. And be it further enacted, That it fhall and may be lawful to on board Veifels, and for the Officers of Excife in England and Scotland refpectively, or any of them, to go on board and enter into any Ship or Vessel whatsoever which fhall be within the Limits of any of the Ports of Great Britain, or within Four Leagues of the Coaft thereof, and con. tinue on board the fame, and to examine and fearch for all Malt whatsoever; and to feize for His Majelly's Ufe all fuch Malt there found, as by the Laws thereunto relating fhall be forfeited, together with the Packages containing the fame; and alfo fuch Ship or Veffel, if the fame fhall be forfeited for or on account of fuch Malt. Irish Malt imported, landed before Duty paid, forfeited. III. And be it further enacted, That all Malt made in Ireland, and imported into Great Britain, which fhall be unfhipped, landed or delivered from or out of any Ship, Veffel or Boat before the Duties by the A&t made in this Seffion of Parliament impofed fhall be fully paid fhall be forfeited and loft, together with the Packages containing the faine; and fuch Ship, Malt and Packages fhall and may be feized by any Officer or Officers of the Customs or Excife; and if any Perfon or Perfons fhall unfhip, land or deliver, or cause or procure to be unfhipped, landed or delivered, or be aiding or affifting in the unfhipping, landing or delivering from or out of any Ship, Vellel or Boat, any fuch Malt before the faid Duties by the faid Act impofed Malt. impofed fhall be fully paid, or fhall hide or conceal, or caufe or pro- Concealing care to be hidden or concealed any fuch Malt fo unfhipped, landed or delivered as aforefaid; or fhall receive into his, her or their Hands, Cuftody or Poffeffion, any fuch Malt fo unfhipped, landed or delive red as aforefaid, he, he or they knowing the fame to have been fo unfhipped, landed or delivered as aforefaid, fuch Perfon or Perfons, and each and every of them fhall, for each and every fuch Offence, Penalty. forfeit and lofe Treble the Value of fuch Malt, to be estimated accord ing to the belt and higheft Rate and Price which Malt of the best Quality fhall fell for in London, Edinburgh or Dublin refpectively, at the time when fuch Forfeiture fhall be incurred. for Malt exported. IV. And be it further enacted, That it fhall and may be lawful to Regulations and for any Perfon or Perfons who fhall have actually paid the Duties by the feveral Acts of Parliament impofed for or in refpect of any Quantity of Malt made in Great Britain or Ireland respectively; or to and for any other Perfon or Perfons who fhall buy, or be lawfully entitled to any fuch Quantity of Malt from the faid Perfon or Perfons who paid fuch Duties for the fame, to export fuch Malt, under and fubject to the Rules, Regulations, Reftrictions and Provifions hereinafter mentioned and prescribed, (that is to fay) the Perfon or Perfons intending to fhip and export any fuch Malt fhall give to the proper Officer or Officers of Excife Twenty four Hours Notice in writing, in cafe fuch Malt is intended to be shipped within the Limits of the Chief Office of Excife in London,and Forty eight Hours Notice in writing, in cafe fuch Malt is intended fo to be shipped in any Place out of the faid Limits in Great Britain or in Ireland, of his Intention to ship fuch Malt for Exportation, and of the Time when the fame is intended to be fhipped, and the Name of the Ship or Veffel in which the fame is intended to be shipped, and of the Malter thereof, and of the particular Port or Place where fuch Ship or Veffel lies, and is to receive or take on board fuch Malt, and of the particular Port or Place to which fuch Malt is intended to be exported, and of the Number of Bushels of fuch Malt fo to be shipped and exported, and fuch Officer or Officers. shall attend to fee fuch Mait fhipped, and the fame fhall be shipped in the Prefence of fuch Officer or Officers; and the Officer or Officers who fhall have seen fuch Malt fhipped shall take an Account of the Quantity of fuch Malt fo intended to be exported; and if any such Malt fo intended to be shipped for Exportation fhall not be begun to be shipped at the Time mentioned for that Purpofe in fuch Notice, or within One Hour after fuch time, then fuch Notice shall be void, and the like Notice in writing fhall be again given unto fuch Officer or Officers previous to the Shipping of any fuch Malt for Exportation. V. And be it further enacted, That the Exporter of any fuch Malt Bond for fhall also before the fhipping the fame give Bond, with fufficient Exportation. Security, which Security fhall, if fuch Malt be to be exported from that Part of Great Britain called England, be approved of by the Commiffioners of Excife in England or the major Part of them for the time being, or the Perfon by them appointed or employed for that Purpose; and if fuch Malt be to be exported from that Part of Great Britain called Scotland, fhall be approved by the Commiffiorers of Excife in Scotland, or the major Part of them for the time being, or by the Person by them appointed or employed for that Purpose, and Malt intended in Treble the Amount of all the Duties intended to be drawn back on fuch Exportation of fuch Malt, that the particular Malt fo intended to be exported and every Part thereof, fhall, (the Danger of the Seas and Enemies excepted), be shipped and exported to the Port or Place to which fuch Malt in fuch Notice in that Behalf hereinbefore directed to be given, fhall be declared to be intended to be exported and fhall not be exported or carried to any other Place or Country whatsoever, and shall not be unfhipped, unladed or laid on Land or put on board any other Ship, Veffet or Boat in Great Britain or Ireland, (Shipwreck or other unavoidable Accident excepted) which Bond the Officer of Excife of the Port or Place in England or Scotland refpectively appointed or employed for that Purpofe by the faid refpective Commiflioners, or the major Part of them refpectively for the time being, is hereby directed to take in His Majefty's Name and to His Majesty's Ufe. VI. And be it further enacted, That the Perfon or Perfons intendto be exported ing to export any fuch Malt to Ireland, fhall, in the Prefence of the to Ireland, to be proper Officer of Excife, meafure in and on board the Ship or Veffel matured en on which the fame fhall be laden or fhipped for fuch Exportation, all board in Prefence of fuch Malt fo intended to be exported, and it fhall and may be lawful Officer. to and for any Officer or Officers of Excife at the Port where any fuch Malt is intended to be fhipped for fuch Exportation, not only to examine all fuch Malt and to meafure the fame, but to fee and attend the meafuring thereof, at his and their free Will and Pleasure ; and also to continue on board the Ship or Veffel on which fuch Malt fhall be laden or fhipped, until the fame fhall have cleared fuch Port. Lumalted Grain Penalty. Peralty. Certificate of J'ayment of on entering Malt for Ireland, Ouh that Mak is the fame. meuti-bed in Certificate. VII. And be it further enacted, That if any unmalted Corn or Grain fhall be mixed with or contained among any Malt fhipped or intended, to be shipped in any Part of Great Britain for Exporta. tion to Ireland, or brought or imported from Ireland into any Part of Great Britain under or by virtue of the faid Act made in this Seffion of Parliament, and this A&t or either of them, all fuch Cora and Malt fhall be forfeited, together with the Packages containing the fame, and the fame thall and may be feized by any Officer or Officers of Cufion's or Excife, and the Perfon or Perfons who fhall have to mixed or caufed or procured, permitted or fuffered to be mixed any fuch ummalted Coin or Grain with fuch Malt as aforefaid, fhall, for every Buthel of fuch Mixture, forfeit and lofe the Sum of Five Shillings. VIII. And be it further enacted, That the Perfon or Perfons who fhall enter any fuch Malt for fuch Export to Ireland, fhall produce a Dity produced Certificate or Certificates from the Collector of the Collection within which fuch Malt was made, that the Duties by Law impofed for or in refpect of the making thereof have been fully paid, fpecifying by whom and at what Place the faid Malt was made, which Certificate fuch Collector is hereby required to give gratis, Proof being made upon Oath that fuch Duties for or in refpect of fuch Malt have been to paid, and fuch Perfon or Perfons fhall alfo make Oath before the proper Officer of the Port where the faid Malt fhall be shipped for Exportation, that the faid Malt is the fame which is mentioned in fuch Certificate, and the faid Collector and Officer refpectively are hereby authorized and empowered to adminifter the faid refpective Oaths. In what cafe IX. And be it further enacted, That the Commiffioners of Excife in Drawback. England and Scotland refpectively, or One or more of them refpec- of Excife to give tively, or the proper Surveyor, Supervifor or other Officer of Excife a Debenture or being fatisfied of the Truth of fuch Oath respectively, fhall give to the faid Exporter or his Clerk or Agent, a Certificate or Debenture expreffing the Quantities of Malt fo fhipped, and that all the Duties by Law impofed for or in refpect of fuch Malt, on the making thereof, have been paid for the fame, and that Bond with fufficient Security hath been given before the fhipping the fame for the due Exportation thereof, and fuch Certificate or Debenture being produced to the Collector of Excife of the Port or Place from whence fuch Malt was fo exported in England and Scotland refpectively, for or in refpect of any fuch Malt fo exported from Great Britain to Ireland, he fhall pay or allow to the Perfon or Perfons fo exporting the fame, or their Agents, out of the Duties on Malt, the refpective Drawbacks allowed by the faid Act for Malt exported from Great Britain to Ireland. X. And be it further enacted, That where any Malt fhipped in Relanding Great Britain for Exportation to Ireland, fhall be unfhipped or Malt thipped for relanded in any Part of Great Britain, or landed in the Ilands of Ireland. Guernsey, Jersey, Alderney, Sark or Man, or the Islands of Faro or Ferro, then, and in fuch Cafe, not only the Ship or Vessel, out of or from which any fuch Malt fhall be fo unfhipped, landed or relanded, but also all and every Ship, Veffel or Boat into which fuch Malt, or any Part thereof, fhall be put, after fuch unfhipping, fhall be forfeited, together with all her Guns, Furniture, Ammunition, Tackle Penalty. and Apparel, and fhall and may be feized by any Officer or Officers of Cultoms or Excife. Duties. XI. And be it further enacted, That if any fuch Collector of Drawbacks paid Excife fhall not have Money in his Hands to pay the faid Drawbacks out of Malt hereinbefore mentioned, then the Commiffioners of Excife in England and Scotland refpectively, are required to pay the faid Drawbacks out of any Money in their Hands, arifing from the Duties on Malt, or any of them. XII. And be it further enacted, That no Drawback shall be paid Not paid without for or upon any Malt whatfoever exported from any Part of Great Certificate. Britain to Ireland, nor fhall any Debenture be made out for fuch Drawback until a Certificate fhall be produced to the proper Officer of the Port at which fuch Malt shall have been shipped for Exportation, which Certificate thall be under the Hands and Seals of the Collector, Supervifor or Officer belonging to the Port for which fuch Malt fhall have been fo fhipped, certifying that the said Malt has been duly landed there. XIII. And be it further enacted, That no Entry fhall pass, nor fhall any fuch Debenture be made out upon Exportation of Malt from Great Britain to Ireland, but in the Name of the real Owner or Owners, Proprietor or Proprietors of fuch Malt, and before fuch Owner or Owners or Proprietor or Proprietors fhall receive the Drawback for or in refpect of fuch Malt, One or more of fuch Owner or Owners or Proprietor or Proprietors, fhall upon the Debenture verify by Oath his or their fo being the real Owner or Owners, or Proprietor or Proprietors of the whole of fuch Malt, and that the faid Malt is really and bona fide exported to and landed at the Place for which the fame was entered for Exportation. No Entry to pals, &c. hut Name of Owner. XIV. And be it further enacted, That if any Malt fhipped in Relanding Malt hipped for Irclaud. Penalty. Proceedings thereon. Search Conftable, &c. to attend. Obftru&ing Penalty. Provifo for making Malt for Exportation without Duty, &c. Great Britain for Exportation as aforefaid to Ireland, fhall be relanded in any Part of Great Britain, or shall be landed in the Islands of Guernfey, Jerfey, Alderney, Sark or Man, or the Islands of Faro or Ferro, or any or either of them, then, and in every fuch Cafe, over and above the Penalty of the Bond which fhall be levied and recovered to His Majefty's Ufe, all the Malt which fhall be relanded or landed, and the Value thereof, together with the Packages containing the fame, fhall be forfeited, and all fuch Malt and Packages fhail and may be seized by any Officer or Officers of the Cuftoms or Excife; and the better to enable the Officers to diícover any Malt fhipped in Great Britain for Exportation to Ireland, and relanded in any Part of Great Britain or fhipped in Ireland for Exportation to Great Britain, and unfhipped, landed or delivered before the Countervailing Duties by the faid Act impofed fhall have been fully paid, if any Officer or Officers of Excife in England or Scotland fhall have cause to suspect that any fuch Malt fhall be depofited, hid or concealed in any Place or Places whatsoever, then, and in fuch Cafe, if fuch Place or Places fhall be within the Cities of London or Wellminfler, or within the Limits of the Chief Office of Excife in London, upon Oath made by such Officer or Officers before the Commiffioners of Excife in England for the time being, or any Two or more of them, or in cafe fuch Place or Places fhall be in any other Part of Great Britain, upon Oath made by fuch Officer or Officers before One or more Juflice or Juftices of the Peace for the County, Riding, Divifion or Place where fuch Officer or Officers fhall fufpect the fame to be depofited, hid or concealed, fetting forth the Ground of his or their Sufpicion, it shall and may be lawful to and for the faid Commiffioners, or any Two or more of them, or the Justice or Juftices of the Peace refpectively (as the cafe may require), before whom fuch Oath fhall be made, if they or he fhall judge it reasonable, by fpecial Warrant or Warrants under his and their refpective Hands and Seals to authorize and empower fuch Officer or Officers by Day or by Night, but if in the Night then in the Prefence of a Conitable or other lawful Officers of the Peace, to enter into all and every fuch Place or Places where he or they fhall fo fufpect fuch Malt to be fo depofited, hid or concealed, and to feize and carry away all fuch Malt which he or they fhall then and there find, together with the Pack ages containing the fame, and every fuch Conftable or other lawful Officer of the Peace fhall, and he and they is and are hereby required, on being thereto requefted by any fuch Officer or Officers of Excife to go along with him or them, and to be prefent at the Execution of every fuch Warrant, and if any Perfon or Perfous whatever fhall let, obftruct or hinder any fuch Officer or Officers fo authorized or empowered, or any other Person or Perfons acting in his or their Aid or Affiftance in the Execution of any fuch Warrant, from entering any fuch Place or Places where fuch Officer or Officers fhall fo fufpect fuch Malt to be fo depofited, hid or concealed, or in feizing or carrying away the fame or the Packages containing the fame, or in the due Execation of any fuch Warrant, the Perfon and Perfons fo offending, fhall for each and every fuch Offence feverally forfeit the Sum of One hundred Pounds. XV. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be deemed or conftrued to extend to hinder or prevent any Person or Perfons from making Malt in Great Britain for Exportation, without Payment of any of the Duties |