Malt. Fraudulently in- and their free Will and Pleasure, at any time or times in the Day taining exact time, between the First Day of July One thoufand eight hundred Quantity of and fixteen and the Seventh Day of July One thousand eight hundred and fixteen, or at any time during the Space of Six Days after the Officer fhall have first gauged and taken his Account of any fuch Malt, to enter and go into every House, Outhouse, Barn or other Place refpectively, where any fuch Malt for or in respect of which any fuch Allowance fhall be claimed fhall be put, laid or depofited, and to take a true and particular Account, and afcertain the exact Quantity thereof, by Gauge or Measurement, deducting from fuch Account Twelve per Cent. on Brown or Porter Malt and Five per Cent. on all other dry unground Malt for the Swell and Increase thereof, over the Quantity of fuch Malt charged with Duty; and if any Perfon or Perfons whatfoever fhall prevent or hinder any Officer or Officers of Excife from entering or going into any fuch House, Outhoufe, Barn or other Place, or from taking fuch Account, or afcertaining the Quantity of fuch Malt as aforefaid, or shall mix or lay under, with or amongst any fuch Malt any Barley, or undried, unfcreened or unclean Malt, or any unmalted Corn or Grain or other thing, with Intent to increase the Quantity or apparent Quantity of fuch dried unground Malt, or fhall bring into or put or place with his, her or their Stock, any Malt which has been before taken an Account of under this Act, or any Malt of or belonging to any Perfon not being a Maltster or Maker of Malt for Sale, Seller or Retailer of Malt, Common Brewer, Diftiller, Victualler or Vinegar Maker, or make use of or practise, or cause to be made use of or practifed, any Art, Contrivance or Device whatever, whereby the Officer or Officers of Excise may be obftructed in gauging, taking aa Account of or afcertaining the true Quantity of fuch dry unground Malt, or whereby His Majefty may be defrauded, or shall obftructʼ or hinder any fuch Officer or Officers in the taking of fuch Account, and afcertaining the Quantity of any fuch dry unground Malt as aforefaid, or in the Execution of any of the Powers or Authorities to fuch Officer or Officers given or granted by this Act, the Perfon or Perfons fo offending fhall for each and every fuch Offence forfeit Penalty. the Sum of Five hundred Pounds, and shall likewise forfeit all Right and Title to any Allowance which he, fhe or they might otherwise have been entitled to under or by virtue of this Act; and all Malt which fhall be found by any Officer of Excife in taking fuch Account as aforefaid, fo mixed as aforefaid, or under, with or amongst which any Barley, or undried, unscreened or unclean Malt, or unmalted Corn or Grain, or other thing is found to be laid or placed with Intent to increase the Quantity or apparent Quantity of Malt dried and unground, or by which His Majefty may be defrauded, and all Malt which fhall be brought in by any Maltfter or Maker of Malt for Sale, Seller or Retailer of Malt, Common Brewer, Distiller, Victualler or Vinegar Maker, or put or placed with his, her or their Stock which has been before taken an Account of under this Aft, or does not belong to fome Maltfter or Maker of Malt for Sale, Seller or Retailer of Malt, Common Brewer, Distiller, Victaller or Vinegar Maker, fhall be forfeited, and fhall and may be Malt forfeited. feized by any Officer or Officers of Excife. V. And Whereas from the peculiar Conftruction of certain Commiffioners Granaries in which large Quantities of Malt are depofited, it may be may direct a H 4 difficult further Examin ation of Malt contained in Granaries. Malt in Oper- Certificate of Amount of Al lowance to be given to Maltfter, Brewer, &c. Maltfter before for one Port to difficult for the Officers of Excife accurately to gauge the Malt contained therein; be it therefore enacted, That in each and every such case it shall and may be lawful for the Commiffioners of Excife, or any Three or more of them, and they are hereby required to direct a further Examination of the Malt contained in fuch Granaries, in order to ascertain and determine whether any and what further Allowance for Compreffion fhould in the Judgement of the faid Commiffioners be made to the Proprieters of fuch Malt; the Charge of fuch further Examination being always at the Expence of the Party defiring the fame: Provided always, that Notice in Writing, fpecifying the Quantity for which such Allowance fhall be claimed, fhall be given by fuch Party to the Officers of Excife at the time of fuch Malt being gauged, and that no fuch Malt be removed or altered until the Determination of the faid Commiffioners therein be made and given; provided that no fuch Allowance fhall be made when the Quantity of Malt contained in any fuch Granaries fhall be less than Two thousand five hundred Bufhels in the whole. VI. And be it further enacted, That the Duty imposed by the faid A&t shall not be paid or payable for or in refpect of any Corn or Grain actually in Operation for the making thereof into Malt, by any Maltfter or Maker of Malt for Sale at the time when the Officer or Officers of Excife fhall take an Account of the dry unground Malt in the Stock, Cuftody or Poffeffion of fuch Maltfter or Maker of Malt for Sale, under or by virtue of this Act; provided every Part of fuch Corn or Grain which fhall be actually dried, finished and made into Malt by fuch Maltfter or Maker of Malt for Sale, after fuch Officer or Officers fhall have taken fuch Account as aforefaid, fhall be kept separate and apart from all other Corn, Grain or Malt for the Space of Six Days after the Officer fhall have first gauged and taken his Account of such Malt, and that it be produced to the Sight of the proper Officer or Officers of Excife, in order that he or they may take an Account and afcertain the true Quantity of fuch Corn or Grain whenever fuch Officer or Officers fhall think fit fo to do before the Expiration of fuch Six Days, and that no Allowance be claimed or made by virtue of this A&t in respect thereof. VII. And be it further enacted, That the Officer and Officers of Excife, or fome or one of them who fhall have finally taken fuch Account as aforefaid, fhall, with all convenient Speed after fuch Account fhall be finally taken and the Quantity of fuch Malt afcertained as aforefaid, give to every Maltfter and Maker of Malt for Sale, Seller or Retailer of Malt, Common Brewer, Distiller, Victualler or Vinegar Maker, entitled to the Allowance for or in refpe&t of fuch Malt, without Fee or Reward, a Certificate expreffing the true Quantity of fuch Malt after fuch Deduction as aforefaid, and the Amount of the Allowance for fuch Malt, and specifying the Name and Place of Abode of the Person or Perfons entitled thereto, and whether he, fhe or they is or are Maltsters or Makers of Malt for Sale, Sellers or Retailers of Malt, Common Brewers, Diftillers, Victuallers or Vinegar Makers respectively. VIII. And be it further enacted, That if any Maltfter or Maker of Malt for Sale, who within Twenty Days next preceding the First Day of July One thousand eight hundred and fixteen, fhall have occafion to fhip or put on board any Ship, Barge or other Vessel, any any Malt which hath been charged with the additional Duty im- cer, who fhall pofed by the faid A&t for the Purpose of transporting or conveying give Certificate the fame by Water from one Part of this Kingdom to another, fhall of Quantity to be produced at give Forty eight Hours' Notice in Writing to the proper Officer of Port of ConExcife of his, her or their Intention to fhip or put any fuch Malt on fignment. board any fuch Ship, Barge or other Veffel for the Purpose aforefaid, fo that fuch Officer may attend and take an Account of such Malt, expreffing in fuch Notice the Quantity of fuch Malt fo intended to be shipped or put on board, and the Ship, Barge or other Vessel in which the fame is intended to be shipped or put on board; and alfo the Name of the Master or other Perfon having or taking the Charge or Command of fuch Ship, Barge or other Veffel, and likewife the Name or Names of the Perfon or Perfons to whom and of the Place or Port to which fuch Malt is configned, or where the fame is intended to be landed; then fuch Officer or Officers of Excife fhall, and is and are hereby required, on being fatisfied that the Malt specified in fuch Notice is really and truly shipped and put on board fuch Ship, Barge or other Veffel, to give, without Fee or Reward, a Tranfire or Certificate, fpecifying the Quantity Certificate given of Malt fo fhipped or put on board, the time when and the Place without Fee. at which the fame was fo fhipped or put on board, and the Names and Places of Abode of the Perfon or Perfons from whom and of the Perfon or Perfons to whom the fame is configned, and the Place at which the fame is intended to be landed, and the Mafter or other Perfon having or taking the Charge or Command of such Ship, Barge or other Veffel, is hereby directed and required, within Twelve Hours (or fooner if demanded) after the Arrival of fuch Ship, Barge or other Veffel at the Port or other Place to which fuch Malt is configned, or where the fame is intended to be landed, to deliver fuch Tranfire or Certificate to the proper Officer of Excife there. not arrive at IX. And be it further enacted, That if any Ship, Barge or other Regulations in Veffel having on board any fuch Malt for or in refpect whereof cafe Veffel does any fuch Tranfire or Certificate fhall have been granted, shall not Port of Configne arrive at the Port or Place to which fuch Malt fhall be configned, ment till after or where the fame is in fuch Tranfire or Certificate expreffed to be Officer has intended to be landed, till after the proper Officer or Officers of taken an AcExcife fhall have taken an Account of the dry unground Malt in count of Stock the Stock, Cuftody or Poffeffion of the Perfon or Perfons refpectof Confignee. ively to whom fuch Malt is configned, that then and in fuch case it fhall and may be lawful to and for the proper Officer or Officers of Excife, upon due Notice from the Mafter or other Perfon having or taking the Charge or Command of such Ship, Barge or other Vessel, and upon the Delivery of fuch Tranfire or Certificate as aforefaid, to attend, gauge or measure, and afcertain the exact Quantity of all fuch Malt, and thereupon fuch Officer or Officers of Excife fhall with all convenient Speed, and without Fee or Reward, grant Certificate with and give to the Perfon or Persons to whom fuch Malt fhall be con- out Fee. figned a Certificate or Certificates, expreffing the true Quantity of fuch Malt, the Name and Place of Abode of the Perfon or Perfons entitled to the Allowance for or in refpect of fuch Malt, and whether he, the or they is or are Maltiters or Makers of Malt for Sale, Sellers or Retailers of Malt, Common Brewers, Distillers, Victuallers or Vinegar Makers, and the Amount of the Allowance for Provifo as to Malt brought from Scotland. Oath by Mafter that Malt the fame as men tioned in Certifi cate. Provifo. Malt kept Malt landed at any other Place than at Port of Confignment forfeited. Perfons con for or in refpect of fuch Malt: Provided always nevertheless, that in cafe any fuch Malt fhall have been brought by Water from any Port or Place in that Part of Great Britain called Scotland, into any Port or Place in that Part of Great Britain called England, and fhall not have arrived at such laft mentioned Port or Place till after the faid Fifth Day of July One thousand eight hundred and fixteen, the additional Duty impofed by the faid Act upon the bringing fuch Malt into fuch last mentioned Port or Place fhall not be charged or payable, nor fhall any greater Allowance be made or granted in refpect thereof than is hereby directed to be made and granted for Malt made from Beer or Bigg only in that Part of Great Britain called Scotland: Provided also, that no fuch Certificate as laft mentioned fhall be delivered, unless the Master or other Person having or taking the Charge or Command of fuch Ship, Barge or other Veffel, fhall make Oath before fome of the Commiffioners of Excife, or the Perfon appointed by the Commiffioners of Excife, or the major Part of them for that Purpose, or before the proper Collector or Supervifor or Officer of Excife (which Oath the faid Commiffioners and the Perfon appointed by them, and the Collectors, Supervisors and Officers of Excife are refpectively hereby authorized and empowered to adminifter), that fuch Malt is the fame Malt as is mentioned in the Tranfire or Certificate then produced, and that fuch Malt or any Part thereof has not been taken account of under this Act, and that no Allowance has been obtained or demanded for any Part of the fame by virtue of this Act: Provided alfo, that all fuch Malt which shall be fo fhipped, put on board and transported as aforefaid, and which fhall not arrive at the Place to which the fame is configned, or where the fame is to be landed, till after the Officer or Officers of Excife fhall have taken the Account and ascertained the Quantity of dry unground Malt in the Stock, Cuftody or Poffeffion of the Confignee thereof, to whom fuch Malt fhall be fent or delivered, and before the Expiration of Six Days after the same shall have been first taken as aforefaid, shall be kept feparate and apart from all other Malt till the Expiration of fuch Six Days as aforefaid. X. And be it further enacted, That in case any Malt which shall be shipped or put on board any Ship, Barge or other Vessel, according to the Directions of this Act, and for which fuch Tranfire or Certificate as aforefaid shall have been granted, shall be unshipped and put on board any other Ship, Barge, Boat or other Veffel, or cerned therein. landed at any other Port or Place than that to which the same shall be configned, or where the fame is in fuch Tranfire or Certificate expreffed to be intended to be landed, (except in cafe of Distress or other unavoidable Accident or Neceffity, of which the Mafter or other Perfon having or taking the Charge or Command of such Ship, Barge or other Veffel, fhall give immediate Notice to the nearest Officer of Excife,) that then not only all the Malt which fhall be fo unfhipped or landed fhall be forfeited, and fhall and may be feized by any Officer or Officers of Excife, but the Mafter or other Perfon having or taking the Charge or Command of any fuch Ship, Barge or other Veffel, and alfo the Perfon or Perfons concerned in the unfhipping or landing of fuch Malt as aforefaid, fhall forfeit and lofe the Sum of One hundred Pounds. Penalty. XI. And time after Ar XI. And be it further enacted, That in cafe the Mafter or other Certificate dePerfon having or taking the Charge or Command of any Ship, Barge livered up or other Veffel in or on board of which any Malt for which fuch within a certain Tranfire or Certificate as aforefaid fhall have been granted, fhall have rival of Ship. been fhipped, fhall neglect or refufe to deliver fuch Tranfire or Certificate to the proper Officer of Excife within Twelve Hours (or fooner if demanded) after the Arrival of such Ship, Barge or other Veffel, at the Port or Place to which fuch Malt fhall be configned, or where the fame is in fuch Tranfire or Certificate expreffed to be intended to be landed, that then and in every such case, fuch Mafter or other Perfon having or taking the Charge or Command of any fuch Ship, Barge or other Veffel, fhall forfeit and lose the Sum Penalty. of Fifty Pounds, and no Allowance hall under this Act be made for fuch Malt. XII. And be it further enacted, That if any Perfon or Perfons Counterfeiting fhall counterfeit or forge, or caufe to be counterfeited or forged, any Certificate. Certificate by this Act required or directed, or fhall knowingly or willingly give any falfe or untrue Certificate, or fhall fraudulently alter or erafe, or cause to be fraudulently altered or erafed, any Certificate granted by any Officer or Officers of Excife, or shall make ufe of any Certificate knowing the fame to be forged, counterfeited, falfe, untrue, altered or erased, every such Perfon or Persons shall, for each and every such Offence, forfeit and Pay the Sum of Five Penalty. hundred Pounds. any XIII. And be it further enacted, That any fuch Certificate given On Production by any Officer or Officers of Excife, for any Allowance to be made of Certificates or granted by virtue of this Act as aforefaid, being produced by fuch for Allowance to CommillionMaltter or Maker of Malt for Sale, Seller or Retailer of Malt, ers, and making Common Brewer, Diftiller, Victualler or Vinegar Maker, or his, her Oath to certain or their Agent or Agents, to the Commiffioners of Excife, or to the Particulars, Perfon appointed by them or the major Part of them to receive the Payment made. fame, for fuch Malt as fhall be finally taken an Account of, under or by virtue of this Act, within the Limits of the Chief Office of Excife in London, or to the Collector of Excife of the Collection in which fuch Certificate fhall be granted for fuch Malt as shall be finally taken an Account of, under and by virtue of this Act, out of the faid Limits, at any time after the Expiration of Four Months, and before the Expiration of Six Months from the time of the granting thereof, and Oath having been made by fuch Maltfter and Maker of Malt for Sale, Seller or Retailer of Malt, Common Brewer, Diftiller, Victualler or Vinegar Maker, before any of the said Commiffioners of Excife, or the Perfon appointed by the faid Commiffioners of Excife or the major Part of them for that Purpose, or before the Collector of Excife of the Collection in which fuch Malt fhall have been taken an Account of, and the Quantity thereof ascertained according to the Directions of this Act, (which Oath the faid Oath. Commiffioners and the Perfon appointed by them, and the feveral Collectors of Excife, are refpectively hereby authorized and empowered to adminifter,) that he, fhe or they believes or believe that the proper Duties have been paid or charged for in refpect of the whole Quantity of the Malt fpecified in fuch Certificate, and that the faid Malt or any Part thereof hath not been taken an Account of for the Purpofe of obtaining the Allowance granted by this Act, in any Place or Places fave and except in the Stock, Cuftody or Poffeffion of |