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Place entered by such Maltster or Maker of Malt, a certain Book moved or deor Paper called a Specimen, for recording therein Minutes of the stroyed, or the Entries made by the Officers respectively who survey

the Premises

Entries therein

obliterated. of such Maltster or Maker of Malt, in the Books of such Officers, of the State of the Manufactory, and of the Accounts and Particulars of the Survey thereof at any Time taken by such Officers respectively, and the Names and Minutes of Survey and Observations of any other Officer who may visit or inspect such entered Premises; and every Officer of Excise shall at all Times have free Access to such Book or Paper, with Liberty and Power to remove or take away the same, leaving a new Book or Paper, for the like Purpose as aforesaid, in lieu thereof; and if any Maltster or Maker of Malt, or other Person, not being an Officer of Excise, shall remove or take away, or shall conceal or withhold any such Book or Paper, or shall damage or destroy the same, or alter, deface, or obliterate any Entry therein, or shall make

any Entry therein, every such Maltster or Maker of Malt, or other Person, so offending, shall for every such Offence forfeit and lose the Sum of Two hundred Pounds.

IX. And be it further enacted, That if any Maltster or Maker Penalty on ob. of Malt, or other Person, shall resist, oppose, molest, obstruct, or structing Offihinder any Officer of Excise, or any Person employed in the cers of Excise, Revenue of Excise, or acting in the Aid and Assistance of any ing in their Officer or Person so employed, in the due Execution of his Office Aid. or Duty, or in the Execution of any of the Powers or Authorities by this Act given or granted to such Officer or Person so employed, every Maltster or Maker of Malt, or other Person, so offending, shall for every such Offence forfeit and lose the Sum of Three hundred Pounds. X. And be it further enacted, That there shall be delivered by A Barley Book

to be delivered the proper Officer of Excise to every Maltster or Maker of Malt,

to and kept by a Book, prepared for such Purposes as hereinafter mentioned,

every Maltster, called a Barley Book, to be kept by such Maltster or Maker of for the PurMalt in some public and open Part of his or her entered Premises, pose of entering for the Inspection of the Officers of Excise; and every Maltster therein all Baror Maker of Malt shall, on the same Day on which any Barley wetted, and

, shall be taken or received into the Custody or Possession of such

sent out by him, Maltster or Maker of Malt, or into the Custody or Possession of under Penalty any Person or Persons in Trust for or to the Use of such Maltster of 100l. or Maker of Malt, enter in a Book so delivered as aforesaid, and in the proper Columns prepared for such Purposes respectively, a true and particular Account of the Number of Bushels of Barley which shall be so taken or received into such Custody or Possession respectively as aforesaid, together with the Christian and Surname and Place of Abode of the Person or Persons from whom such Barley shall have been so taken or received, and the Day of its being so taken or received; and every Maltster or Maker of Malt shall, within Three Hours after any Corn or Grain shall have been covered with Water, for the Purpose of wetting or steeping the same to be made into Malt, enter in such Book as aforesaid, and in the proper Columns prepared for such Purposes respectively, a true and particular Account of the Quantity of Barley in Bushels so wetted or steeped, and shall enter against and immediately opposite to every such Entry the particular Day and

Hour

Hour of the Day on and at which such Barley was so wetted or steeped; and every Maltster or Maker of Malt, who shall sell, remove, or otherwise dispose of any Barley, shall, on the same Day on which any such Barley shall be sold, removed, or otherwise disposed of, enter in such Book as aforesaid, and in the proper Columns prepared for such Purposes respectively, a true and par. ticular Account of the Quantity of Barley in Bushels so sold, removed, or otherwise disposed of, and the Name and Place of Residence of the Person or Persons to whom any such Barley shall have been so sold, removed, or otherwise disposed of; and if any Maltster or Maker of Malt shall neglect or refuse to make any such Entry as aforesaid, or shall not keep such Book as aforesaid, or shall convey away or conceal the same, or shall destroy or tear out any Leaf thereof, or cancel, obliterate, destroy, or alter any Entry therein, or make any false Entry therein, or shall refuse to permit any Officer of Excise to inspect such Book, or to make any Minute therein, as to such Officer shall seem meet, or to remove or take away such Book, leaving a new Book, for the like Purpose as aforesaid, in lieu thereof, every such Maltster or Maker

of Malt so offending shall for every such Offence forfeit and lose Proviso as to the Sum of One hundred Pounds : Provided always, that nothing Barley in the

hereinbefore contained shall be deemed or construed to extend Straw..

to Barley in the Straw and unthreshed, in the Custody or Possession of any Maltster or Maker of Malt, or in the Custody or Possession of any Person or Persons in Trust for or to the Use of such Maltster or Maker of Malt, so as such Barley, when threshed, be thereupon entered in the Barley Book, as Barley then taken and received into the Custody or Possession of such Maltster or Maker of Malt, and subject to the Provisions of this

Act. Stocks of Bar. XI. And be it further enacted, That if any Maltster or Maker ley or Malt in of Malt shall lodge, store, or deposit any Barley or Malt in difseparate Places

ferent Buildings or Places which shall not be under the same may be kept as distinct Stocks. Roof, or have any internal Communication between them, the

Supervisor of Excise under whose Survey such Barley or Malt shall be, shall, if he shall deem it expedient so to do, take the same as separate and distinct Stocks, and such Stocks shall and may in such Case be surveyed and kept Account of by the Officers of Excise accordingly, in the same Manner as if the same had

belonged to different Persons. Within Ten XII. And be it further enacted, That every Maltster or Maker Days after 5th of Malt, within Ten Days after the Fifth Day of July in every July, yearly, Maltsters to

Year, shall deliver to the Officer of Excise under whose Survey deliver to Ofic such Maltster or Maker of Malt shall then be, a true and particular cers an Account Account, in Writing, of all Barley which shall not at such Time of all Barley be in actual Operation or Process of making into Malt, in the not in oper- Custody or Possession of such Maltster or Maker of Malt, or in ation, and show the same,

the Custody or Possession of any Person or Persons in Trust for if required so

or to the Use of such Maltster or Maker of Malt, describing in to do, under every such Account the particular Building or Place in which Penalty of 100l. such Barley shall be lodged, stored, or deposited, and the Num

ber of Bushels of such Barley contained in each such Building or Place; and every such Maltster or Maker of Malt shall, if required by any Officer of Excise, show to such Officer every such

Building Building or Place, and all such Barley which shall be therein respectively contained ; and if any Maltster or Maker of Malt shall neglect or refuse to deliver such Account as aforesaid, or shall deliver any false or untrue Account in such Behalf as aforesaid, or shall neglect or refuse to show to any such Officer as aforesaid any such Building or Place, or any such Barley as aforesaid, every such Maltster or Maker of Malt so offending shall for every such Offence forfeit and lose the Sum of One hundred Pounds.

XIII. And be it further enacted, That every Maltster or Maker Whenever the of Malt, when and so soon as he or she shall have finished or dried Barley in operoff all the Malt which shall be or shall have been in operation or ation in a

Malthouse shall process of Making into Malt in any particular Malthouse of and

be all dried off, belonging to such Maltster or Maker of Malt, and also within a like Account Twenty four Hours at the least before such Maltster or Maker of to be given, and Malt shall again begin to wet or steep Corn or Grain to be made also 24 Hours into Malt in such Malthouse, deliver to the Officer of Excise before beginunder whose Survey such Maltster or Maker of Malt shall then ning to wet

again, under be, a true and particular Account in Writing of all the Barley Penalty of 501. which shall then be in the Custody or Possession of such Maltster or Maker of Malt, or in the Custody or Possession of any Person or Persons in Trust for or to the Use of such Maltster or Maker of Malt, describing in every such Account the particular Building or Place in which such Barley shall be lodged, stored, or deposited, and the Number of Bushels of such Barley contained in each such Building or Place; and every such Maltster or Maker of Malt shall, if required by any Officer of Excise, show to such Officer every such Building or Place, and the Barley therein respectively contained ; and if any such Maltster or Maker of Malt shall neglect or refuse to deliver such Account as aforesaid, or shall deliver any false or untrue Account in such Behalf as aforesaid, or shall neglect or refuse to show to any such Officer as aforesaid any such Building or Place, or any such Barley as aforesaid, every such Maltster or Maker of Malt so offending shall for every such Offence forfeit and lose the Sum of Fifty Pounds.

XIV. And be it further enacted, That every Maltster or Maker Maltsters, when of Malt shall, when and so often as he or she shall be thereunto required, to required by any Officer of Excise, level and cast or place the place their Barley in the Custody or Possession of such Maltster or Maker of Bailey not in Malt, or in the Custody or Possession of any Person or Persons in such Form that Trust for or to the Use of such Maltster or Maker of Malt, which the Officer may shall not then be in actual Operation or Process of making into conveniently Malt, into such regular Form as may enable the Officer of Excise gauge the same, conveniently to gauge and ascertain the true Quantity thereof;

under Penalty

of 1001. and if any Maltster or Maker of Malt, being thereunto required as aforesaid, shall neglect or refuse so to do, every such Maltster or Maker of Malt so offending shall for every such Offence forfeit and lose the Sum of One hundred Pounds.

XV. And be it further enacted, That it shall be lawful for any Officers of ExOfficer of Excise to gauge and take an Account of all Barley in cise may gauge the Stock, Custody, or Possession of any Maltster or Maker of and take an Malt, or in the Custody or Possession of

Account of Person or Persons

any in Trust for or to the Use of such Maltster or Maker of Malt; the Stock of any Maltster, who and every such Maltster or Maker of Malt shall, before the taking surall be per

all Barley in and

of such Account, be permitted to enter in the Barley Book all mitted to enter up his Barley

Barley which shall have been taken or received into the Custody Book to the

or Possession of such Maltster or Maker of Malt, or into or in the Time of taking Custody or Possession of any Person or Persons in Trust for or such Account to the Use of such Maltster or Maker of Malt, and all Barley

which shall have been sold, removed, or otherwise disposed of on the same Day, and before the taking of such Account, and all Barley which shall have been wetted or steeped to be made into

Malt within Three Hours next before the taking of such Account. If an Excess be XVI. And be it further enacted, That if upon gauging and found above

taking such Account as aforesaid the Quantity of Barley (not in One in Twenty, actual Operation for the making of Malt) shall be found to exceed the Maltster to be deemed to

the Quantity which the Maltster or Maker of Malt ought to have have received had in his or her Stock, Custody, or Possession, and in the CusBarley without tody or Possession of any Person or Persons in Trust for or to entering it. the Use of such Maltster or Maker of Malt, according to the

Barley Book, in the Proportion of One Bushel in every Twenty Bushels of Barley, then and in every such Case every such Maltster or Maker of Malt shall be deemed and adjudged to have taken or received Barley into his or her Custody or Possession, and to have neglected

and refused to make such Entry thereof as is by this Act in that Behalf directed and required. If Deficiency

XVII. And be it further enacted, That if upon gauging and exceed One in taking such Account as aforesaid the Quantity of Barley (not in Twenty, the

actual Operation for the making of Malt) shall be found short of Maltster to be deemed to have

or less than the Quantity which the Maltster or Maker of Malt

ought to have had in his or her Stock, Custody, of Possession, without enter- and in the Custody or Possession of any Person or Persons in ing it, and to be Trust for or to the Use of such Maltster or Maker of Malt, charged with

according to the Barley Book, in the Proportion of One Bushel Duty in re

in every Twenty Bushels of Barley, then and in every such Case spect thereof, over and above every such Maltster or Maker of Malt shall be deemed and the Penalty. adjudged to have wetted and steeped Barley to be made into

Malt, and to have neglected and refused to make such Entry thereof as is by this Act in that Behalf directed and required ; and

every such Maltster or Maker of Malt shall in every such Case, over and above the Penalty by this Act imposed for such Neglect and Refusal as aforesaid, be charged with and be liable to pay the Duty chargeable on Malt for every Bushel of Barley so found deficient as aforesaid ; and such Duty shall and may be sued for, levied, and recovered by such and the like Ways, Means, and Methods, and under such and the like Penalties as the Duty on Malt is or may be sued for, levied, and recovered by

any Law or Laws in force relating to the Duties of Excise. In case of

XVIII. And be it further eracted, That if upon gauging or Dispute as to taking such Account as aforesaid any Dispute shall arise between the Quantity of the Maltster or Maker of Malt and the Officer of Excise, respect. Barley in Stock, it may

ing the true Quantity of Barley (not in actual Operation for the be measured'in making of Malt) as aforesaid, such Maltster or Maker of Malt the Presence of shall be allowed immediately, and with all due Diligence and the Officer. Dispatch, to measure the same in the Presence of such Officer,

by a just and correct Bushel Measure, as prescribed by Law, to be provided by such Maltster or Maker of Malt, and the Quantity

ascer

ascertained by such Admeasurement shall be taken to be the true Quantity of such Barley; any thing in this Act to the contrary thereof notwithstanding.

XIX. And be it further enacted, That upon the Trial or Hear- On Informing of any Information for the Recovery of any Duty or Penalty ations for the for or on account of any Deficiency or Excess in the Quantity Recovery of of Barley in the Stock or Stocks of any Maltster or Maker of any Duty or

Penalty on acMalt, according to this Act, it shall be lawful for the Defendant

count of Defi. or Defendants upon such Prosecution to prove that such Defi- ciency or Excess ciency was actually and bond fide occasioned by Barley having in Stock, Proof been stolen or privately conveyed away without the Knowledge, may be adduced Privity, or Consent of such Defendant or Defendants, or that

that Barley was

stolen, or that such Deficiency or Excess respectively was occasioned by ac- Accident or cidental or unintentional Error or Mistake in entering and keep: Error was the ing the Barley Book, without any Design or Intention of Fraud Cause. or Evasion of the Provisions of this Act; and in case the Court and Jury, or the Commissioners of Excise, or Justices of the Peace, before whom any such Information shall be tried or heard, shall be satisfied of the Truth of such Evidence, and that the same does account for such Deficiency or Excess, it shall be lawful for such Court and Jury, or Commissioners of Excise, or Justices of the Peace, to acquit the Defendant or Defendants of such Duty or Penalty; any thing in this Act to the contrary thereof notwithstanding

XX. And be it further enacted, That every Maltster or Maker 24 Hours Noof Malt, before beginning to wet or steep any Corn or Grain to tice to be given be made into Malt, shall give to the Officer of Excise under whose of wetting Survey such Maltster or Maker of Malt shall then be, Twenty house situated four Hours Notice at least, in Writing, if the Malthouse of such in a City or Maltster or Maker of Malt shall be situated in any City, or in Market Town, the Suburbs of any City, or in any Market Town, and Forty eight and 48 Hours Hours Notice at least, in writing, if such Malthouse shall not be elsewhere, unso situated, of the Day and particular Hour of the Day when such der Penalty of

1001. Maltster or Maker of Malt intends to wet or steep Corn or Grain to be made into Malt, and of the Quantity of Corn or Grain in Bushels to be then wet or steeped ; and if any Maltster or Maker of Malt shall begin to wet or steep any Corn or Grain to be made into Malt, without giving such Notice as aforesaid, or shall wet or steep any greater or less Quantity of Corn or Grain (exceeding the Proportion of One in Twenty) than the Quantity of Corn or Grain expressed in such Notice, every Maltster or Maker of Malt so offending shall for every such Offence forfeit and lose the Sum of One hundred Pounds; and in case any Maltster or Maker of Notice to be Malt shall not, pursuant to any such Notice as aforesaid, begin void if not duly to wet or steep the Corn or Grain mentioned in such Notice, proceeded on. and cover the whole thereof with Water, at the Day and Hour mentioned in such Notice, or within Three Hours next after the Expiration of such Hour, every such Notice shall be and is hereby declared to be null and void ; and every such Maltster or Maker of Malt, before he shall begin to wet or steep such Corn or Grain, shall give fresh Notice thereof, according to the Provisions of this Act, under Pain of such Penalty as last aforesaid: Provided Exceptions. always, that no Maltster or Maker of Malt shall be subject to the said last-mentioned Penalty, for or by reason of his or her

wetting

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