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B09017 Anno regni Gulielmi et Mariæ, regis & reginæ Anglia, Scotia, Francia & Hibernia, tertio at the Parliament begun at Westminster the twentieth day of March, Anno Dom. 1689, in the second year of the reign of our sovereign Lord and Lady, William and Mary by the grace of God, of England, Scotland, France and Ireland, king and queen, defenders of the faith, &c., and from thence continued by several prorogations and adjournments to the two and twentieth day of October, 1691 being the third session of this present parliament. England and Wales. Laws, statutes, etc.; England and Wales. Sovereign (1689-1694 : William and Mary). 1691 (1691) Wing E1037E; ESTC R223324 6,170 20

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during His Life And one other Act made in the said Twelfth year of the Reign of the said late Kings Charles the Second Entituled An Act for Taking away the Court of Wards and Liveries and Tenures in Capite and by Knight Service and Purveyance and for Settling a Revenue upon His Majesty in lieu thereof And also in and by one other Act of Parliament made in the Fifteenth year of His said late Majesties Reign Entituled An Additional Act for the better Ordering and Collecting the Duty of Excise and preventing the Abuses therein or in one Act of Parliament made in the First year of the Reign of Their present Majesties Entituled An Act for an Additional Duty of Excise upon Beer Ale and other Liquors or by any Law now in Force Relating to the Revenue of Excise And be it further Enacted by the Authority aforesaid That all Persons who do or shall usually Entertain or Lodge any Waggoners Carriers Strangers or Wayfaring Men shall be taken and esteemed Retailers within the meaning of this Act. And that Their Majesties may not be prevented of the Duties hereby Granted by any Frauds or Practices to lessen the same Be it further Enacted That no Person or Persons Except Victuallers Retailers and Common Brewers Inhabiting in any Market Town or in any City or Suburbs of the same or in any Town Corporate or in parts Adjoyning to any City or Suburbs Town Corporate or Market Town where there is or shall be a Common Brewer or Brewers Brewing Making or Selling Strong Beér or Ale and Small Beer who within the space of One year next before the Seventeenth of November in the Year One thousand six hundred and ninety did not Brew or Make the Strong Beer Small Beer or Ale Drunk Consumed Spent or Sold in his or their respective Houses Out-houses or other places shall not during the Term aforesaid Brew or Make any Strong Beer Strong Ale Small Beer or Ale to be Drunk Consumed or Spent in his or their respective Houses or Families under pain to Forfeit for every such Offence Twenty pounds Provided That in case any Person within the space of a year before the said Seventeenth Day of November One thousand six hundred and ninety did usually Brew the Strong Beer Small Beer and Ale Drunk and Spent in the House or Houses where he and his Family have Inhabited for the use of himself and his Family and shall remove his Family to any other House It shall and may be Lawful to and for such Person to Brew his own Ale or Beer as he did before and not be liable to the said Penalty And be it further Enacted That it shall and may be Lawful to and for the Commissioners of Excise and Iustices of Peace respectively upon any Information exhibited before them for any Offence committed against the Laws of Excise to Summon any Person or Persons other then the Party or Parties Accused to Appear before them at a certain day time and place to be inserted in such Summons and to give Evidence for Discovery of the matter in Controversie before them and in case of Neglect or Refusal to Appear or if upon Appearance such Person or Persons shall refuse to give Evidence when he shall be thereunto required Every such Person so making Default shall Forfeit and Lose for every such Offence any Sum or Sums of Money not exceéding Fourty shillings to be Imposed Recovered Levied and Disposed in manner as herein after is mentioned 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 other Fine Penalty or Forfeiture is or may be Recovered by any Law or Laws of Excise or by Action of Debt Bill Plaint or Information in any of Their Majesties Courts of Record at Westminster And that one Moiety of such Forfeiture or Penalty shall be to Their Majesties Their Heirs and Successors and the other Moiety to him or them that shall Discover Inform or Sue for the same Provided always and be it Enacted by the Authority aforesaid That upon any Person or Persons Exporting any sort of Strong Beer Strong Ale Cyder or Mum according to the true intent and meaning and pursuant to the Directions of an Act made in the First Year of Their Majesties Reign Entituled An Act for the Exportation of Beer Ale Cyder and Mum The Commissioners and Officers of Excise where the Entry thereof shall be made are required to make Allowance or Repay as well the Additional Duty of Excise by this Act Imposed upon all such Beer Ale Cyder and Mum as the Duty in the said Act mentioned unto the Brewer or Maker thereof within One Month after such Exportation deducting the Three pence per Tun for the Charges of their Officers by the said before mentioned Act directed to be deducted And to the end Their Majesties may be duly answered the Rates and Duties hereby Granted and intended in the Proportions designed Be it further Enacted by the Authority aforesaid That no Brewer or Victualler who doth or shall Sell and Deliver Beer or Ale to any of their Customers in Cask do or shall without giving Notice to the Supervisor or Gauger Appointed for the Place and Division where such Brewer or Victualler doth or shall Inhabit Cleanse Carry off or convey away any part of his or their Guile of Beér or Ale before the whole of such Guile shall be Brewed off and be in the Tuns Backs or Coolers and until such Officers shall or might have taken an Account of the same and of the distinct Qualities thereof in their respective Vessels At which time the Brewer or Victualler or his or their Servants working the same in case he or they intend to make a party Guile thereof shall declare to such Gauger or Officer how much thereof he intends to make into Strong Beér or Strong Ale and how much into Small upon Penalty of Forfeiting Twenty shillings for every Barrel of Beér Ale or Worts he shall so Cleanse Carry off or Convey away over and above the Penalties already Imposed for Conveying away or Concealing Beer or Ale And in case such Brewer or Victualler or their respective Servants Brewing such Beer or Ale shall refuse to Declare to such Officers how much of their Guile or Brewing they intend to make into Strong Beer or Ale and how much into Small It shall be Lawful for such Officer to Return and Charge the whole of such Guile to be Strong and such Brewer or Victualler shall Pay the Duties thereof accordingly And in case after such Gauge taken or Declaration made such Brewer or Victualler shall make any Increase of the Strong Drink so Gauged or Declared by any ways or means whatsoever such Increase shall be Deémed and Taken to be and proceed from mixing Small Beer with such Strong Beer or Ale and such Brewer or Victualler shall Forfeit Twenty shillings for
every Barrel so Increased over and above the Penalties already Imposed for mixing Small Beer with Strong and so proportionably And further that if any Brewer Victualler or Retailer shall out of the Brew-house or Place of Brewing Start or Mix any Small Beer or Small Worts with or amongst Strong Beer Strong Ale or Strong Worts in Cask such Brewer Victualler or Retailer so doing shall Forfeit and Lose for every such Offence Twenty shillings Provided always and be it Enacted That the Duty of Excise Granted by this Act shall be Chared on and Paid by the Common Brewer and not by the Retailer or Spender save only where the Retailer Brews for Retailing in his own House or Houses and doth not Buy his Drink of any Common Brewer Any thing in this Act or any other Law to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That this Act or any Clause or Proviso therein contained shall not Continue or be of Force longer then for the said Term of One year Commencing from the said Seventeenth day of November One thousand six hundred and ninety one other then for the Levying and Collecting the Arrears of the Rates and Duties Granted by this Act which shall be Vnpaid at the end of the said Term And for the Levying such Fines Forfeitures and Penalties Imposed by virtue of this Act as shall not be Levied and Paid before the end of the said Term. And forasmuch as the Collectors Supervisors Gaugers and other Officers of the said Excise and Officers concerned therein by reason of the Greatness of the said Duty and the extraordinary Powers they have given them in Charging or Raising the same being resident in most Parts of the Kingdom where Elections of Members to serve in Parliament are made have very frequently either by Threats or Promises so prevailed upon several Electors that they have absolutely beén Debarred of the freedom of giving their Votes which according to the known Constitutions of this Kingdom every Person ought to Have and Enjoy when he is to Choose his Representative For remedy of which Mischief Be it Enacted by the Authority aforesaid That from and after the Second Day of February One thousand six hundred ninety one every Collector Supervisor Gauger or other Officer concerned in the Charging Collecting or Managing the said Duty of Excise that shall either by Letter or Message or Word of Mouth endeavour to perswade any Elector to give or disswade any Elector from giving his Vote for any Person or Persons that shall be put in Nomination to be Elected a Member or Members of Parliament shall for so doing forfeit the Sum of One hundred Pounds one Moiety thereof to the Informer and the other Moiety to the Poor of the Parish where such Offence shall be committed to be Recovered in any of Their Majesties Courts of Record by Action of Debt Bill Plaint or Information wherein no Wager of Law Protection or Essoign or more then One Imparlance shall be Allowed And further That every Person or Persons that shall be Convicted in any such Action Bill Plaint or Information of the said Offence shall immediately from and after such Conviction be Disabled and Incapable of ever after Executing any Office or Place concerning the said Duty of Excise And it is hereby Declared and Enacted That true Notes in Writing of the last Gauges Made or Taken by the said Gaugers shall be left by them with all Brewers Makers or Retailers of Beér Ale or other Exciseable Liquors respectively or some of their Servants at the times of their taking the said Gauges containing the Quantity and Quality of the Liquors so Gauged upon Penalty of Fourty shillings for every Offence or Neglect of the said Gauger or Gaugers FINIS