wines or fpirits, or other perfon or perfons acting contrary to the directions of this act, or the perfon or perfons in whofe cuftody or poffeffion any fuch tun, wath batch, cafk, copper, ftill, other veffel or utenfil, which fhall be made ufe of contrary to the intention of this act, fhall be found, thall refpectively, for every under penalty fuch offence, forfeit and pay the fum of two hundred pounds, of 2001. and and all fuch wheat or wheat flour, and fuch worts and wash, low on forfeiture wines and fpirits, fhall be alfo forfeited.

of all the laid commodities.

XVI. And be it further enacted by the authority aforefaid, Wheat and That if any wheat or wheat flour fhall be found in any work- wheat flour houfe, ftillhoufe, ftorehouse, warehoufe, or any other place where- found in any in low wines or spirits, or worts or wash, shall be made, extract- place where ed, diftilled, or prepared, or where any low wines or fpirits, or low wines and worts or wath, thall have been made, extracted, diftilled, or tracted, &c. fpirits are exprepared, fince the first day of October, one thoufand feven hun- are forfeited; dred and feventy, all fuch wheat and wheat flour fhall be forfeit

ed; and the perfon or perfons in whofe poffeffion fuch work- and alfo 100l. houfe, ftillhoufe, ftorehouse, warehouse, or place, fhall be, fhall, by the perfon for every offence respectively, alfo forfeit and pay the fum of one in whole pofhundred pounds.

feffion found.

XVII. And be it further enacted by the authority aforefaid, officers of exThat it fhall and may be lawful for any perfon or perfons who cife, &c. authorised to infhall be authorised for that purpose by the commiffioners of ex- spect the macife for the time being, or any two or more of them, within the terials from limits of the chief office of excife in London, or by one or more which low juftice or juftices of the peace in any other part of Great Britain, wines or fpi

rits are to be

at any time or times, with any office. of excife, to enter into any extracted;

workhoufe, ftillhoufe, ftorehouse, warehoufe, or any other place, wherein any low wines or fpirits, or worts, or wath shall be, or are fufpected to be, made, extracted, diftilled, or prepared, or wherein low wines or fpirits, or worts, or wash, shall have been made, extracted, diftilled, or prepared, fince the first day of October, one thousand feven hundred and seventy, and shall have free admittance into the fame, and may infpect all the materials, veifels, and utenfils therein contained, giving thereby as little interruption as may be to the business which is carrying on; and in cafe any officer of excife fhall have reafon to fufpect that any wheat or wheat flour is mixed in any worts or wath, or in any other material or preparation, for making, extracting, or diftilling low wines or fpirits, it fhall and may be lawful for fuch officer, at any time or times during the continuance of this at, upon payment of two fhillings and fixpence, to take a fample, and take famnot exceeding two quarts, of any fuch worts or wafh, material ples, paying or preparation, which fhall be found in any fuch houfe, or other place aforefaid; and in cafe any diftiller or maker of low wines Penalty of reor fpirits, or the owner or occupier of any fuch houfe or place, fufing admitor any workman or fervant to any fuch diftiller, owner, or oc- officer, &c. cupier belonging, fhall refufe to admit fuch perfon or perfons as or obtructing fhall be fo authorised, or any officer of excife, into any fuch houfe him, is 100l. or place; or fhall obftruct or hinder any fuch officer, or perfon or perfons, in making fuch infpection as aforefaid; or fhall not allow

A 4

for the fame.

tance to an

allow any fuch officer to take fuch fample, after the faid fum of two fhillings and fixpence fhall be paid or tendered for the fame, fuch diftiller, owner, or occupier, fhall, for every fuch offence refpectively, forfeit and pay the fum of one hundred pounds; Officer autho- and it fhall be lawful for any fuch officer of excife, or other perfon or perfons authorised as aforefaid, having a warrant for that feize the faid purpose from any two or more of the commiffioners of the excommodities. cife, or any juftice or juftices refpectively as aforefaid, to seize, take, and carry away, all fuch wheat and wheat flour as fhall be found in any fuch houfe or other place, together with all the facks, bags, and other things, in which the faid commodities fhall be contained.

rant, may

Distiller, &c. not to have

more than five quarters of wheat, or

XVIII. And be it further enacted by the authority aforefaid, That if any diftiller or maker of low wines or fpirits for fale or exportation, fhall be poffeffed of, or have in his, her, or their cuftody or poffeffion, or in the cuftody or poffeffion of any perwheat flour at fon or perfons in truft, or for the ufe or benefit of fuch distiller one time, &c. or maker of low wines or fpirits, more than five quarters of wheat or wheat flour at any one time, in any one or more place or places, not being a place or places for preparing, making, extracting, diftilling, or keeping worts or wafh, low wines or fpirits, every fuch diftiller or maker of low wines or fpirits, fhall, on forfeitures for every fuch offence refpectively, forfeit all fuch wheat and of the furplus, wheat flour exceeding the faid quantity of five quarters; and and 51. per quarter, alfo the fum of five pounds for every quarter fo forfeited. except to fuch

distillers, &c.

as are the

growers, &c.

XIX. Provided always, That this act fhall not extend to inAlict the faid laft-mentioned penalty and forfeiture upon any diftiller or maker of low wines or fpirits, who fhall be the actual grower of wheat, and fhall be poffeffed of any quantity of fuch wheat grown by him or her in the ftraw, or after the fame is and who keep threshed out, or feparated from the ftraw; provided fuch wheat not the wheat, fhall not be kept in his or her poffeffion, or in the poffeffion of after being of any other person or perfons in truft for him or her, or for a threshed out, greater space of time than twenty days after the fame fhall be longer than 20 threshed or feparated from the ftraw; and fo as fuch wheat be be not kept in any place ufed for making, extracting, or diftilplaces ufed for ling low wines or fpirits, or for preparing or keeping worts diftilling; or wash.

days;

and not in

and alfo with

diftillers as

are Millers,

&c.

XX. Provided alfo, That this act shall not extend to inflict respect to fuch the faid laft-mentioned penalty and forfeiture upon any distiller or maker of low wines or fpirits, who practifes the trade of a miller, and who was poffeffed of and worked any mill or mills for the grinding of wheat, on or before the first day of October, one thousand feven hundred and feventy, for or upon account of any quantity of wheat or wheat flour which fhall at any time, during the continuance of this act, be found in any fuch mill or mills; any thing herein contained to the contrary notwithstanding.

In cafe of information, upon oath,

before two

XXI. And be it further enacted by the authority aforefaid, That in cafe any officer or officers of excife, or any other perfon or perfons, thall, at any time or times, have caufe to fuf

pect

pect that any wheat or wheat flour, exceeding the quantity of commiffioners five quarters, fhall be laid or kept in any fuch storehoufe, ware- of excife, houfe, grainery, or other place or places as aforefaid, belonging to any distiller or maker of low wines or fpirits, contrary to the true intent and meaning of this act; then, and in every fuch cafe, upon oath made by fuch officer or officers, or other perfon or perfons, before the commiffioners of excife for the time being respectively, or any two or more of them, or before one or more juftice or juftices of the peace refiding near the place where fuch or ajustice of officer or officers, or other perfon or perfons, fhall fufpect the peace, warfame to be laid and kept, fetting forth the ground of his or their rant to he fufpicion; it shall and may be lawful to and for the said com- granted immilioners, or justice or justices of the peace refpectively, before officer, &c. to powering the whom fuch officer or officers, or other perfon or perfons, fhall enter all storemake oath as aforefaid (if he or they fhall judge it reasonable) houses, &c. by special warrant under his or their respective hands and feals, belonging to diftillers, to authorife and impower fuch officer or officers, or other person or perfons authorised as aforefaid, by day or by night (but if in the night, then in the presence of a conftable or other lawful officer of the peace) to enter into all and every storehouse, warehoufe, grainery, or other place or places, where he or they shall fufpect that any wheat or wheat flour, exceeding the quantity of and feize all five quarters as aforefaid, shall be laid or kept, belonging to any wheat and fuch diftiller or maker of low wines or fpirits, and to feize, take, and carry away, all fuch wheat and wheat flour as he or they fhall fo find, over and above the faid quantity of five quarters, quarters, together with all the facks, bags, or other things, wherein the and diftiller fame shall be contained; and fuch diftiller or maker of low wines 51. per quaror spirits, or the perfon or perfons in whofe cuftody or poffeffion ter for all afuch wheat or wheat flour, belonging to fuch diftiller, fhall be bove that found, fhall, for every fuch offence refpectively, forfeit and pay quantity, &c. the faid penalty of five pounds for every quarter exceeding the faid quantity of five quarters; and the faid officer or officers, and other person or perfons, is or are hereby impowered by fuch warrant, together with fuch other perfon or perfons as he or they fhall take to his or their affiftance, to enter fuch ftorehouses, warehouses, graineries, and other place or places, and break open the doors thereof, in cafe they be not opened on demand.

wheat flour exceeding 5

liable to pay

and foriei

tures, where

XXII. And be it further enacted by the authority aforefaid, Recovery and That all penalties and forfeitures by this act impofed, and for application of the recovery and application whereof no other provifion is here- the penalties in before made, fhall be fued for and recovered by action of debt, bill, plaint, or information, in any of his Majefty's courts of re- not otherwife cord in Weftminster, or in the court of exchequer in Scotland; and directed. that the respective courts before whom the fame fhall be recover- Penalties lied may and are hereby authorifed (if they fhall think fit) to mi- able to be mitigate all or any of the pecuniary penalties herein before inflict- tigated. ed, to any fum not less than one fourth part of the fum herein respectively mentioned; and that one moiety of all fuch penalties and forfeitures, when recovered, fhall be to the use of his Majefty, his heirs, and fucceffors, and the other moiety to him or

them

them who fhall fue for the fame, or give information of, or difcover the offence.

Limitation of XXIII. Provided always, That all fuits, profecutions, or fuits, and in- informations, for offences committed against this act, shall be formations for commenced and made within the space of fix calendar months after the fact is committed, and not otherways; any thing herein contained to the contrary notwithstanding.

actions.

offences against this act. Limitation of XXIV. And be it further enacted by the authority aforesaid, That if any action or fuit fhall be commenced against any perfon or perfons, for any thing done in pursuance of this act, fuch action or fuit fhall be commenced within the fpace of four calendar months next after the offence fhall be committed; and if fuch action or fuit fhall be commenced or profecuted in that part of Great Britain called England, the defendant or defendGeneral Iffue. ants in any fuch action or fuit may plead the general iffue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the fame was done in pursuance and by the authority of this act and if it fhall appear fo to have been done, the jury fhall find for the defendant or defendants: and if the plaintiff thall be nonfuited, or difcontinue his action after the defendant or defendants fhall have appeared; or if judgement fhall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants fhall and may recover Treble Cofts. treble cofts, and have the like remedy for the fame as any defendant or defendants hath or have in other cafes by law and if such action or fuit be commenced or profecuted in that part of Great Britain called Scotland, the court, before whom fuch action or fuit fhall be brought, fhall allow the defender to plead this act on his defence; and if the purfuer fhall not infift on his action, or if judgement fhall be given against fuch purfuer, the defender shall and may recover the full and real expences he may have been put to by any fuch action or fuit.

Continuation of the act.

may be abrid. ged, &c.

Preamble.

XXV. And be it further enacted by the authority aforesaid, That this act fhall continue until the twentieth day after the commencement of the next feffion of parliament.

XXVI. Provided neverthelefs, that the faid continuation may be abridged or fhortened, and this act or any part thereof may be altered and varied, by any other act or acts to be made in this prefent feffion of parliament.

CAP. II.

An act for continuing and granting to his Majefty certain duties upon malt, mum, cyder, and perry, for the fervice of the year one thousand feven hundred and feventy-one.

CA P. III.

An alt for the better fupply of mariners and feamen to serve in his Majefty's flips of war, and on board merchant ships, and other trading ships and veffels.

FOR the better fupply of mariners and feamen to ferve in his Ma

jesty's fhips of war, and on board merchant ships, and other trading fhips and veffels; be it enacted by the King's most excellent

3

majefty,

majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the palling of this act, until the first day of February, one Until Feb. 1. thoufand feven hundred and feventy two, and no longer, (ex- 1792, trading cept in respect to fuch merchant fhips, and other trading fhips, thips or vefor veffels, which fhall be on their voyage before the faid firft fels may be day of February, one thousand seven hundred and feventy-two, navigated by who thall be, and are hereby allowed the liberty and benefit of foreign fea

men;

returning home, navigated in the manner as herein after is provided), it fhall and may be lawful for any merchant ship, or other trading ship, or veffel, to be navigated by foreign feamen or mariners, not being natives of Great Britain, or any of the colonies or plantations thereto belonging, or his Majefty's natural or naturalized fubjects, fo as the number of fuch foreign so as their feamen or mariners do not exceed three fourths of the mariners number do at any one time employed to navigate fuch merchant ship, or not exceed 3 other trading (hip, or veffel; and that one fourth at leaft, of the fourths of the the mariners or feamen fo employed be at all times natives, or ployed. his Majesty's naturalized fubjects of Great Britain (fudden death and hazard, and cafualties of war, and the feas, faved and excepted); one act of parliament made in the twelfth year of the reign of his late Majefty King Charles the Second, intituled, An at for the encouraging and increafing of shipping and navigation, or any other ftatute or law to the contrary notwithstanding.

mariners em

11. Provided always, That nothing in this act contained fhall This act not extend to take away, or reftrain the effect of any fuch royal pro- to reftrain the clamation, as his Majefty, his heirs and fucceffors, are impow-royal proclaeffect of any ered to make by virtue of an act paffed in the thirteenth year of his mation made late Majefty's reign, intituled, An act for the better fupply of by virtue of mariners and feamen to ferve in his Majesty's fhips of war, and on act 13 Geo. II. board merchant ships and other trading ships, and privateers.

CA P. IV.

An act to amend so much of an act, made in the ninth year of his prefent Majesty's reign, intituled, An act to amend, and render more effectual, An act made in the twentyfirft year of the reign of King James the Firft, intituled, An all for the general quiet of the fubjects, against all pretences of concealment whatsoever, as relates to the profecuting his Majefty's right, title, or claim, to any meffuages, lands, tenements, or hereditaments, within the precinct, diftrict, or liberty of the Savoy, in the county of MiddleSex, or to any the appurtenances to the fame therein mentioned.

WH

WHEREAS by an act of parliament made in the ninth year Preamble. of the reign of his prefent Majefty, intituled, An act to amend, and render more effectual, an act made in the twentyA&t9.Geo.III. first year of the reign of King James the Firft, intituled, An act for the general quiet of the fubjects, against all pretences of conceal

ment