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A87308 An Act for the setling of the excize and new impost upon His Majesty his heirs and successors, according to the book of rates therein inserted.; Public General Acts. 1662-1663. 14 & 15 Cha.II.c.8 Ireland. 1669 (1669) Wing I322C; ESTC R229254 47,907 141

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the Rule and Government of the said Office That the like Office and Offices and so many of them and in them such or so many subordinate Commissioners Sub-Commissioners or Collectors or subordinate Commissioners Sub-Commissioners or Collectors from time to time shall be nominated and appointed in all or any of the Counties of this Realm and in all other Cities Towns Ports and places thereof as the said Commissioners or the major part of them shall from time to time think fitting to be approved of by the Lord Lieutenant Lord Deputy or other Chief Governour or Governours and Privy Council of Ireland for the time being Which said subordinate Commissioners sub-Commissioners or Collectors shall take the like Oath as aforesaid respectively before the Lord Chief Baron of his Majesties Exchequer or before the said chief Commissioners or any two of them or before any of His Majesties Iustices of the Peace which Oath the said Lord chief Baron Iustices and Commissioners are hereby authorized to administer the same accordingly and every the said subordinate Commissioners sub-Commissioners or Collectors so to be appointed as aforesaid shall enter into Recognizance with good security to His Majesties use in such sum or sums of Money as shall be thought fit and reasonable before the Lord chief Baron of His Majesties Exchequer with condition for the due execution of his or their places and paying monthly all monies by him or them received for Excize their own and Officers Salaries and other contingent charges first deducted and accounting quarterly into his Majesties Exchequer at Dublin And the said Commissioners subordinate Commissioners sub-Commissioners or Collectors shall have for their several pains in and about the said business such reasonable sums of monies allowed them by way of Poundage or otherwise as the Lord Lieutenant Lord Deputy or other chief Governour or Governours and Privy Council of Ireland shall think sit That the said Office or Officers in all places where they shall be appoined shall be kept open all days except the Lords day or Holy days in all places from nine of the clock to twelve in the forenoon and from two of the clock till five in the afternoon of each day for the taking and enregistring the Entries of all Merchants Retaylers Brewers and others and for the receiving all monies which shall be due and payable by all or any of them and for other things necessary to be done touching the business of Excize and affairs relating thereunto That the several surveyors searchers Wayters and all other Officers which shall from time to time be deputed or appointed thereunto by the said chief Commissioners under the hands and seals of them or the major part of them in the several Ports Creeks Havens and other Members of the same within this Realm shall have full power and authority to go on board and enter into any ship or other Vessel whatsoever as well by night as by day arriving and coming into any the several Ports Havens Creeks or other places and not only to continue there on board until such ship or other Vessel shall be fully unladen and discharged but also by night as by day to enter as well into all other ships Gabbards Hoys Barks bottoms or other boats or Vessels whatsoever as in the day time to go and enter into all Houses Cellars Vaults shops ware-houses store-houses store-cellars or other places belonging to any person whatsoever where they shall have just cause of suspicion to see survey and make search for any Goods or commodities excizeable either put on board any ship or Vessel or taken out or carried away or intended to be carried away without due entry first had and made of th● same or payment of such Excize as shall 〈◊〉 due and payable thereupon and the sai● Goods as also all other Goods excizeable and Merchandize whatsoever which they or any of them shall meet find or discover to be carrying or conveying either by Land o● by water at unlawfull hours or times o● before due Entry or payment had or made for the said Goods or Merchandizes or which shall be landed or attempted to be landed and laid on shore at any unlawfull place or places for landing Goods as in and by this present Act is before declared or without license or sufferance granted by the said Commissioners or their sub-Commissioners or Collectors respectively for the landing or shipping the said Goods or Merchandize to seize attach carry away and put into safe custody by bringing or causing them to be brought to the Office for Excize next adjoyning to the place when such Goods shall be so seized there to be de●●ined and kept And in case the said Goods and Merchandizes so seized shall not be claimed by the true and lawfull Owner or Proprietor thereof or by one deputed under his or their ●ands within one and twenty dayes after ●eizure the said Goods shall be absolutely ●orfeited and confiscated and shall and may ●e sold at the next general day of sale to be ●ppointed by the Commissioners of Excize ●r their sub-Commissioners respectively after ●hat time and the proceed to be divided as ●ereafter in this present Act is directed and ●ppointed And in case such Goods or commodities so ●eized shall be claimed within time afore●aid and if the Owner or claimer as afore●aid shall not make it appear unto the said commissioners of Excize their sub-Commissioners or Collectors respectively or un●o the major part of them or either of them ●hat the said Goods and Merchandizes so ●eized were or have been duly entered or ●nladen and landed at a lawfull time and place as aforesaid or that licence or sufferance ●ad been obtained and granted for doing ●hereof that then the said Goods and Merchandize shall likewise be forfeited and confiscated and sold and disposed of as hereafter in this present Act is directed and appointed And if it shall so happen that any Master Owner or commander of any ship or Vessel or any other person whatsoever shal● refuse to permit or will not suffer an● the aforesaid Officers to enter or come int● or remain on board his or their ship Gabbard Hoye Barque bottom boat or othe● Vessel or into his or their house Cella● Vault shop Ware-house store-House ● storecellar or other place or places to searc● as aforesaid or else permitting them or an● of them so to do shall oppose hinder or rest● them or any of them in the seizing attac●ing or carrying away any Goods and Me●chandize for the causes and Reasons afor●said shall for every such Offence forfeit Fift pounds to be levied by distress as hereaft●● is appointed Or if any Porter Carma● Waterman or other person or persons wha●soever shall be aiding assisting or abettin● to any other that shall oppose hinder or rest● the said Officers or any of them seizin● attaching or carrying away any Goods ● Merchandize as aforesaid or if any perso● usually implo●ed as Porter Carman or Waterman to carry roomage or remove Good●
morning and four in the aft●noon nor at in or upon any other place or places than upon the open Key Wharfs Land●ng places slips of the several Customhouses of the ports of this Realm or such other places as the Lord Lieutenant Lord Deputy or other chief Governour or Governours and privie-Council of this Realm for the time being upon application made unto them by the commissioners of Excize hereafter mentioned shall therefore assign and appoint from time ●o time any former Law Custome or usage to the contrary notwithstanding nor without the cognizance knowledge privity or consent of such Officer or Officers as shall be on board any such ship or other Vessel attending the unlading thereof upon pain of forfeiture not one●y of all such goods wares and merchandizes so discharged or laden contrary to the true meaning hereof but further also the value of the said goods wares and merchandizes to be levied by distress upon the goods and chattles of ●●e Claimers or proprietors of the same as hereafter in this Act is directed and appointed That all Owners Masters Pursers or other persons taking charge of any ship ●essel or bottom out of or into-which wares ●r merchandizes imported from or shipped out ●r beyond the Seas shall be discharged or laden delivering receiving or permitting any suffering either themselves or any of their ships company for them either by or without his or their consent to be delivered from or received on board into or out of any Gabbar● Lighter Hoyboat or other vessel whatsoever any goods wares or merchandizes in any other place or places or at any other hours o● times than is before limited and appointed or without the cognizance knowledge privi●● or consent of the Officer or Officers on boar● as aforesaid where any such Officer shall b● every such Owner Master Purser or othe● person taking charge of any such ship gabba● or vessel shall forfeit and lose for every suc● offence one hundred pound to be levied by d●stress of the goods and chattles of such o●ner Master Purser or other person or in d●fault thereof to be committed unto prison ●● hereafter is directed there to remain ●● twelve moneths without bail or main-priz● unless he shall before that time pay and sati●fie the same And every Mariner Seaman or other pe●son knowing consenting aiding assisting ●● being present at the delivering or receiving any goods or commodities out of or into a●● ship gabbard lighter hoy-boat or other ves●●● whatsoever contrary to the true intent and meaning hereof as aforesaid who shall not within one moneth after the doing thereof disclose the same unto the chief Commissioners their Sub-commissioners or Officers for the Excize hereafter in this Act mentioned of the port or place where or within whose office or charge any such offence shall be committed or done shall for every such concealment or not disclosing such offence as is afores●id forfeit and lose ten pounds of good and lawfull moneys to be levied by distress or in default thereof the party offending to be sent to the next house of Correction and dealt with as hereafter is directed and appointed That no person or persons having the charge of any Gabbard Lighter Boat Wher●y Skiff or other vessel whatsoever usually bringing and carrying goods from on board any ship or vessel to the shore or from the shore to any other ship or vessel riding or being in any road harbour or port of this Realm shall ●eceive any goods or commodities Excizeable ●nto his or their Gabbard Lighter Boat ●herry Skiff or other Vessel to carry the same on board any other ship or Vessel as aforesaid at any other place or places or at any other hours or times than is expressed and appointed in the foregoing Articles nor shall receive or take into his or their Gabbard Lighter Boat Wherry Skiff or other vessel from on board any other ship or vessel riding or being in any road harbour or port not being in wrack or leak any goods or commodities whatsoever to carry the same on shore but at the same hours and places nor before he or they shall first receive a note from the Officer for Excize where any such Officer shall be attending on board such ship or vessel out of which the said goods shall be delivered which Note the said Officer is hereby required and injoyned to make and deliver accordingly specifying the name of such person that hath charge of the same Gabbard Lighter boat Wherry Skiff or other vessel and the marks and numbers of every Cask Hogshead Pack Farthel Truss bale Seron bag Potace ballot Role bundle box or outward form ●● bulk of any parcel or piece goods within th● same and also the Key Wharf or place wher● the said goods are to be landed which shall ●● such Key Wharf or place and no other as i● or shall be allowed and appointed for landing and bringing goods on shore as aforesaid ●● shall afterward discharge and land or attemp● or cause to be discharged and landed all or ●ny the goods and commodities received from ●board as aforesaid at any other hours ●imes or seasons than at the hours and times aforesaid or at any other place or places than ●t or upon the open Key Wharf or other landing places of the several and respective Custome houses of the ports of this Realm or such other place or places as is or shall be al●owed and appointed for doing thereof or without he or they first produce and deliver to the Waiter on shore the note received from the Waiter or Officer on board where such Officer shall be as aforesaid upon pain not onely that every such person or persons having charge of such Gabbard Lighter boat Wherry Skiff or other vessel doing contrary hereunto shall forfeit and lose the sum of Ten pounds to be levied by distress on his and their respective goods and chattles or in default thereof suffer imprisonment and be punished as is hereafter directed and appointed but also every Gabbard Lighter boat Wherry ●kiff or other vessel into or out of which such Goods shall be received or landed together with the Goods so received and landed or attempted to be landed together with their value shall be forfeited and confiscated And all Mariners and seamen or other persons that shall be found or discovered to have sailed rowed shored towed and managed or were helping and assisting in the sailing shoring towing or managing of any such Gabbard Lighter boat Wherry skiff or other vessel so forfeited shall pay and lose every of them the sum of five pounds to be levied by Distress or else the party offending to be imprisoned and punished as hereafter is directed such only of them excepted as shall within thirty dayes next after any such Offence committed make known or discover the same unto some or more of the Commissioners of Excize their sub-commissioners Collectors or Officers of the Port or place where the same was done and acted That no Wharffinger or keeper
other shall colourably or otherwise fraudulently ship out any Goods or Commodities of some known Merchants or other and not liable to Excize until sa●e of the same al● and every such shop-keeper or Retayler pretending property in such Goods shall forfeit double the value of the same to be levied by Distress and further be proceeded against a● is hereafter directed and appointed and likewise be disfranchised and made uncapable for ever after to be a Member of any Burrough or Town Corporate within thi● Realm and the Mayor and other Magistrates of the Burrough or Town Corporate ● which he is a Member are hereby require● and authorized upon proof made thereof ● proceed to the disfranchising of such perso● accordingly That forasmuch as sundry Commoditi●● are perishable and lyable to leakidge wa● and decay the Commissioners of Excize the● sub-commissioners and Collectors of t●● Ports respectively shall therefore and are hereby authorized to appoint sworn Officers for the tasting of all decayed Wines and viewing of all perishable Commodities and upon report made by them shall make and give such allowance for the said cause and reasons upon the landing and before the housing of such Goods as they in their Iudgements shall think fit not exceeding or allowing more than is given or afforded for the same cause in the like matter of Customs and subsidy of Tonnage or poundage accord●ng to which they shall at all times regulate and govern themselves accordingly That for taking away all disputes or con●roversies that may arise touching the con●ents of a Tun of Wines It is hereby De●lared although two hundred Fifty two Gal●ons is the just measure of one Tun that ●evertheless two buts two Pipes four Hog●eads of what sort soever six Teirces three ●uncheons or Tercions and eight Quar●er Casks shall be reckoned and accompted a ●un of Wine and every Cask of Wine ●●ported which if full shall exceed a Quar●er-Cask shall be accompted for a Teirce ●nd every Cask that shall exceed a Teirce ●●all be accompted for a Hogshead and every Cask that shall exceed an Hogshead shall be accompted for a Puncheon and every Cask that exceeds a Puncheon shall be accompted a But or Pipe without any allowance of Vndergage whatsoever That all common Brewers of beer and Ale-makers and Distillers of Aqua-vitae and Strong-waters to sell again in their shops who by this present Act are charged with Excize and liable to payment thereof upon the brewing or making of their beer and ale Aqua-Vitae and strong-waters shall under their own hands or the hands of such for whom they shall be responsible weekly that is to say On the munday of every Week make true entry at the Office of Excize under which they live of the Quality and Quantity of all beer and ale Aqua-Vitae and strong-waters by them brewed made and distilled the Week foregoing and at the same time pay and clear the Excize upon pain of forfeiting twenty pounds for the first forty pounds for the second and sixty pounds for the third week they or any of them or any other for them as aforesaid shall neglect refuse or omit to make such entry and payment as aforesaid and further to forfeit double the value of the beer ale Aqua-Vitae and strong-waters by them made and brewed in those or any of those Weeks and before such Entry and payment of Excize as aforesaid the same to be levied by distress and in default thereof the party offending to be proceeded against as is hereafter mentioned and expressed And in case any common brewer of beer and ale-maker or Distiller of Aqua-Vitae or strong-waters shall for more than three several Weeks neglect or refuse to enter and pay weekly his Excize as aforesaid every such brewer maker or distiller of Aqua-Vitae or strong-waters I shall for ever after be disabled and made uncapable of exercizing the Trade of a common brewer maker or distiller of Aqua-Vitae or strong-waters unless and untill he shall pay one hundred pounds and give bonds unto our Sovereign Lord the King with sufficient Sureties for his due and constant entring and paying weekly in the future as aforesaid That all common brewers in paying and clearing their Excize shall from time to time and at all times be allowed sixty four Gallons in every seven hundred and four Gallons of beer and Thirty two Gallons in every six hundred seventy Two Gallons of Ale and so proportionably for a greater or lesser Quantity by them brewed free of Duties to be deducted and defaulked from their payments to be for and in respect of Filling Waste Leakage Returns or at any other Accidents or Considerations whatsoever That no Vintners Inkeepers Victualers Alehouse-keepers or other persons whatsoever that use common selling of beer Ale Aqua-Vitae or strong-waters shall be permitted to brew make or distil his or their own beer Ale Aqua-Vitae or strong-waters unless such Vintners Inkeepers Victualers Alehouse-keepers and other Persons whatsoever brewing making and vending by Retail in their houses as aforesaid do forthwith enter into bond to our Sovereign Lord the King with sufficient sureties in such sum or sums of mony as the Commissioners or sub-Commissioners of Excize shall judge reasonable for the true entering and paying weekly at the Office of Excize under which he or they live of the Excize of all their beer Ale Aqua-Vitae or strong-waters in case he or they live not above three miles from the said Office or else every Fourteen days in case they live further off from the same upon pain that every Vintner Alehouse-keeper or other person brewing making or distilling his or their beer Ale Aqua-Vitae or strongwaters without bond given as aforesaid shall upon due proof thereof made before the Commissioners of Excize or their sub-Commissioners respectively forfeit for every such Offence the sum of Twenty shillings and if the said person shall offend the second time then to forfeit the sum of Forty shillings to be levied by distress or otherwise as hereafter by this Act is appointed and if the said person shall notwithstanding commit the like Offence the third time then such person or persons so offending shall not only forfeit three pounds to be levied as aforesaid but shall and may be committed to some common Gaol by the said Commissioners or sub-Commissioners till he or they do enter into bond with a good surety to his Majesties use in the penal sum of Twenty pounds Sterling that he shall not and will not brew make distil and vend by retail or otherwise beer Ale Aqua-Vitae or strongwaters any more or at any time afterwards That for the better accompting with th● common brewer Vintner Inkeeper Victualer Alehouse-keeper and others brewing making and retayling beer Ale Aqua-Vitae or strong Waters it shall and may be lawfull for the Commissioners of Excize or their Sub-commissioners respectively under their Hands and Seals to constitute and appoint such and so many sworn Gager or Gagers searcher or searchers as they shal● find needfull to
is mentioned That all Vintners Inkeepers Victualers Alehouse-keepers or other persons selling beer or ale by retail shall either wholly brew and make their own beer and ale or take the same from some common brewer And that every Vintner Inkeeper Victualer Alehouse-keeper or other as aforesaid doing otherwise by brewing part of his or their beer and ale and taking other part from a common brewes shall be liable and pay excize nevertheless as if he or they had themselves brewed all and every part thereof upon pain of forfeiting all such beer or ale which he or they shall take from such common brewer or else the value thereof to be leviad by distress ●s hereafter is directed Provided always and be it Enacted that no Distress made or taken by vertue of this present Act of the goods and Chattels of any Vintner Inkeeper Victualer alehouse-●eeper or other brewing making and sel●ing by retail any beer ale Aqua-vitae or strongwaters shall be sold or disposed of untill fourteen dayes after any such Goods or Chattels shall be distrained and within 〈◊〉 at time any such Vintner Inkeeper Victu●ler alehouse-keeper or other person as afore●aid finding him or themselves grieved shall or may make his or their complaint unto one or more of the next Iustices of the Peace who upon such complaint to him or them made by such party or parties are hereby authorized and required to hear and examine the same upon Oath which Oath any one or more of the said Iustices are hereby authorized to administer and finally ●o determine the matter of complaint and to ●mitigate any fine penalty forfeiture inflicted or imposed upon any such person by this present Act so as by such Mitigation the same may not be made less than double the value of the Duties of the Excize which should or ought to have been paid besides the reasonable costs and charges of the Officer or Officers distraining to be allowed by the said Iustice or Iustices nor the party complaining receive Incouragement to continue the practise of any Fraud Deceipt Obstinacy or Disobedience in breach of any clause o● Article of this present Act. Provided nevertheless That if any person distrained and complaining as aforesaid shall not prosecute his or their complain unto an hearing and sentence before the sai● Iustice or Iustices within the aforesaid tim● of Fourteen days that then the said Commissioners or their sub-Commissioners respectively shall and may proceed to the sale and di●posal of the Goods and Chattels distraine● in such manner as they ●r any of them ma● lawfully do and in all other cases of distres● and as hereafter in this Act is mentioned an● expressed And for the more regular and orderly putting in execution of this present Act be 〈◊〉 Enacted and Ordained by Authority aforesaid That there be an Office constituted and erected in the City of Dublin to be called and known by the name of The Office of Excize or New Impost and to be managed and governed by Commissioners not exceeding Five in Number and also a Surveyor all to be appointed by the Lord Lieutenant Lord Deputy or other Chief Governour or Governours of Ireland for the time being and to be commissioned under the Great seal of this your Majesties Realm to have and to hold to them respectively during their good behaviour respectively which said Commissioners or any three or more of them shall have power and are hereby authorized from time to time with the approbation of the Lord Lieutenant Lord Deputy or other Chief Governour or Governours of Ireland for the time being to chuse and appoint such fitting Clerks Searchers Wayters Messengers and all other Officers for the City Suburbs and Liberties of Dublin and the Port of Dublin and the several Creeks and Members thereof as they may necessarily have occasion to imploy for the advantage of your Majesties service and the same again from time to time with the approbation aforesaid to displace and place others in their Rooms and to allow them and every of them such several yearly Wages to be paid Quarterly out of the Receipts of the said Office and other accidental Rewards for their pains and service as the said Commissioners or the major part of them shall think fit and reasonable and as shall be allowed and approved of by the Lord Deputy or other chief Governour or Governours of Ireland for the time being as aforesaid and for all the other Cities Counties and Ports of this Kingdom and the several Creeks and Members thereof excepting the City Suburbs and Liberties of Dublin and the Port of Dublin and the Creeks and Members thereof That the Lord Treasurer of Ireland for the time being shall have power and is hereby authorized from time to time to chuse and appoint such fitting Clerks Searchers Wayters and Messengers as they may necessarily have occasion to imploy for the advantage of your Majesties service and the same again from time to time to displace and place others in their Rooms and to allow them and every of them such several yearly Wages to be paid Quarterly out of the Receipts of the said Office and other and other accidental Rewards for their pains and service as the said Lord Treasurer shall think fit and reasonable and as shall be allowed and approved of by the Lord Deputy or other chief Governour or Governours of Ireland for the time being as aforesaid That the Commissioners of the Excize for the time being are hereby appointed to be Governours and chief Commissioners of and for the said Office Which said Commissioners and all others from time to time as shall be imployed under them shall before they enter upon their respective Imployments take the Oath of Supremacy prescribed by the Statute made in Ireland in the second year of the Reign of the late Queen Elizabeth and the Oath of Allegiance prescribed by Statute in England made in the time of the late King James and likewise the following Oath mutatis mutandis for their true and faithful performance of their respective Trusts viz. YOU shall swear to be true and faithfull in the place of Commissioner Sub-Commissioner Collector c. for the Excize during the time you shall be a Commissioner Sub-Commissioner Collector You shall according to the best of your Knowledge power and skill execute the same diligently faithfully and impartially You shall make and deliver a true Accompt of all your Receipts from time to time and further do all things without having any private respects to your self in prejudice of His Majesties Revenue So help you God c. Which Oath the Lord Chief Baron of His Majesties Exchequer is hereby authorized to administer unto the said Commissioners and the said Commissioners or the major part of them unto all other imployed under them That all Parishes Parts and Places of the City and County of the City of Dublin and County of Dublin and all and every the Baronies Parts and Places of the same shall be subject to
● aforesaid without demanding any Exciz● till he sell or dispose thereof but if any Merchant as aforesaid shall refuse to permit an● Officer or Officers to enter into and searc● his or their Cellars Ware-houses Store-houses store-Cellars and other places and to take an accompt of the quality and quantity of his or their Goods therein remaining every such Merchant shall for every such refusal forfeit one hundred pounds and if permitting entrance and search as aforesaid shall nevertheless afterwards refuse to make Oath that the Goods and Merchandizes viewed and seen by and shewn unto the Officer or Officers as aforesaid or by him shipped out as aforesaid were all of them imported by himself or for his accompt from beyond the Seas and entered upon his Import accompt in the Office of Excize and without alteration of property all and every such Goods shall be esteemed and reputed the Goods and Merchandizes of some other than such Merchants and therefore not at all to be reckoned in discharge of his accompt and if such Merchant shall make Oath and yet shall neglect or refuse for six days follow●ng after the doing thereof to pay and sa●isfie stch Excize as shall be due or payable ●hereupon every such Merchant his Bond given upon Entry of those Goods which shall be found wanting shall be returned into the Exchequer there to be prosecuted according to the course of Law and shall not afterwards upon his or their Importation of Goods into any Port of this Realm be permitted to take up land or lay on shore his or their Goods before payment down of their full excize unto the Officer appointed to receive the same at the Port where such his Goods shall arrive or be brought in That the Commissioners sub-Commissioners or Collectors of excize respectively in the limits and districts of their several and respective Offices or the major part of them where there are or shall be more than one sub-Commissioner and Collector or else such other persons or the major part of them as shall be authorized thereunto together with such sub-Commissioners or Collectors under the hands and seals of the said commissioners or the major part of them an● hereby authorized and required to hear and determine all offences and breaches of any clause or Article in this present Act mentioned other than such as are or shall be otherwise by this present Act appointed which said Commissioners sub-commissioners and Collectors or others authorized under the hands and seals of the said Commissioners or the major part of them are hereby authorized upon any notice complaint or information to proceed to examination of the matter of Fact by summoning or causing Parties and Witnesses to be summoned to appear before them by causing summons ●n writing under the hand of their Clerk or other Officer thereunto appointed to be left at the usual place of abode or habitation of such Parties or Witnesses and to examine such Witnesses upon Oath in the presence of the Party accused if such party accused do appear and in case any person or persons duely warned as aforesaid to be a Witness and give Testimony shall wilfully neglect or refuse to appear or else appearing shall refuse to make Oath for discovery of his knowledge concerning the matter in Question or else making Oath and refusing to answer to such Questions or Interrogatories as shall be demanded of him touching the matter in Question every such person shall for every time so offending forfeit Ten pounds to be levied by distress And in case the party accused being summoned shall wilfully neglect or refuse to appear the said Commissioners their Sub-Commissioners and collectors respectively or such as shall be authorized together with one of them as aforesaid are hereby authorized to proceed as if he had been present defending himself against the complaint or information to examination of matter of fact any offence or breach of any clause or article in this present Act mentioned being proved by the voluntary confession of the party or by the Oath of one or more credible witness or witnesses the said Commissioners their sub-Commissioners Collectors or others as aforesaid are hereby authorized to give judgement and Sentence accordingly as in and by this Act is directed and appointed and afterwards to issue Warrant of Distress under the hands and seals of them or the major part of them for levying of any forfeiture Fine or Penalty inflicted or imposed by this present Act by Distreyning so much of the Goods and Chattels of the party against whom Iudgement and sentence shall be given as aforesaid as may be sufficient to satisfie any such Forfeiture Fine or Penalty and if any goods and chattels so distrained shall not be redeemed within six dayes following except before excepted it shall and may be lawful unto the said Commissioners their sub-Commissioners Collectors and others as aforesaid to put the same to sale in such manner as is hereafter directed And if such Distress be better or more than will satisfie such Forfeiture Fine or Penalty the said Commissioners sub-Commissioners Collectors and others shall render and restore the Surplusage to the party whose goods or chattles shall be so distrained if there be any if less than will answer the same the party shall forthwith pay the Surplusage or be distrained again But if no sufficient distress can be had or obtained upon proof made thereof before the said Commissioners sub-Commissioners Collectors or others they the said Commissioners sub-Commissioners Collectors and others shall and may by Warrant under the Hands of them or the major part of them commit the Party offending to Prison there to remain untill he pay and satisfie the Forfeiture Fine or penalty imposed on him or untill he be discharged and released thence by Warrant or Direction of the said Commissioners sub-Commissioners Collectors or others as aforesaid who committed him or else by Warrant or Order of the Lord Lieutenant Lord Deputy or other chief Governour or Governours and Privy-councill of Ireland for the time being as hereafter is appointed That for want of Distress to be had to satisfie any Forfeiture Fine or Penalty imposed by this present Act not exceeding Ten pounds it shall and may be lawfull to the said Commissioners in the City and port of Dublin and to the Sub-commissioners and collectors in any other Port of Ireland together with a Iustice of Peace or other chief Magistrate of any Corporation-Town to commit the Party offending to the next Goal or House of correction there to be put to work and labour if they be able and to have such and so much allowance as they shall deserve by their own labour and work during such time as they shall continue in the said Goal or House of correction which shall not exceed the space of six weeks and all Iaylers and Keepers of any Prison and all Governours and Masters of any House of correction are hereby authorized and required to receive and keep in safe