The extraction of low

wines or fpi

rits from wheat or wheat flour prohibited,

contained shall extend to prohibit the exportation of rice out of this kingdom.

XV. And whereas it is expedient that the extraction of low wines or fpirits from wheat or wheat flour should be prohibited for a limited time; be it therefore further enacted by the authority aforefaid, That no low wines or spirits whatsoever shall be made, extracted, or distilled, within this kingdom, from any wheat or wheat flour: and if any distiller or maker of low wines or fpirits, or any other perfon or perfons whatsoever, thall make, extract, or diftill, or caufe or procure to be made, extracted, or distilled, any low wines or fpirits from any wheat or wheat flour, or shall ufe or mix, or caufe or procure to be used or mixed, any wheat or wheat flour in any worts or wash, in order for the making, extracting, or diftilling, low wines or spirits, or fhall put or lay, or caufe or procure to be put or laid, in any tun, wash-batch, cafk, copper, ftill, or other veffel or utenfil, any wheat or wheat flour for the purpose of preparing any worts or wash, or for making, extracting, or diftilling, low wines or fpirits, whether fuch tun, washbatch, cafk, copper, ftill, or other veffel or utenfil, hath or hath not been duly entered at the excife office; that then, and in each and every of the faid cafes, fuch diftiller or maker of low wines or fpirits, or other perfon or persons, acting contrary to the directions of this act, or the person or persons in whole cuftody or poffeffion any fuch tun, wash-batch, cafk, copper, ftill, or other veffel or utenfil, which fhall be made ufe of contrary to the inunder penalty tention of this act, fhall be found, shall respectively, for every of 2001. and fuch offence, forfeit and pay the fum of two hundred pounds, forfeiture of and all fuch wheat or wheat flour, and fuch worts and wash, all the faid commodities. low wines and fpirits, fhall be alfo forfeited.

Wheat and

wheat flour

XVI. And be it further enacted by the authority aforefaid, That if any wheat or wheat flour fhall be found in any workfound in any houfe, ftillhouse, ftorehouse, warehouse, or any other place, place where low wines wherein low wines or fpirits, or worts or wafh, thall be made, and spirits are extracted, distilled, or prepared, or where any low wines or fpiextracted, &c. rits, or worts or wafh, fhall have been made, extracted, distilled, are forfeited; or prepared, fince the first day of October, one thousand feven hundred and fixty fix, all fuch wheat and wheat flour shall be forfeited; and the perfon or perfons in whofe poffeffion fuch workhoufe, ftillhouse, storehoufe, warehouse, or place, fhall be, fhall, for every offence respectively, also forfeit and pay the fum of one hundred pounds.

with 100l.

by the perfon

in whofe poffeffion found

XVII. And be it further enacted by the authority aforefaid, That it fhall and may be lawful for any perfon or persons who Officers of fhall be authorized for that purpose by the commiffioners of exexcife, &c. cife for the time being, or any two or more of them, within authorized to the limits of the chief office. of excife in London, or by inspect the materials from one or more juftice or juftices of the peace in any other part of Great Britain, at any time or times, with any officer of excife, to enter into any workhouse, ftillhouse, ftorehouse, warehouse, or any other place, wherein any low wines or fpirits, or worts or wash, shall be, or are fufpected to be, made, extracted, distilled, or prepared, or wherein low wines or spirits, or worts

which low

wines or fpirits are to be

extracted;

or

for the fame;

or wash, fhall have been made, extracted, diftilled, or prepared, ince the first day of October, one thousand seven hundred and ixty fix, and shall have free admittance into the fame, and may infpect all the materials, veffels, 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 shall 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 shall and may be lawful for fuch officer, at any time or times during the and take fam faid term, upon payment of two fhillings and fix pence, to take ples, paying a fample, not exceeding two quarts, of any fuch worts or wash, material or preparation, which shall be found in any fuch house, or other place aforefaid; and in cafe any diftiller or maker of Penalty of relow wines or spirits, or the owner or occupier of any fuch house fufing admitor place, or any workman or fervant to any fuch diftiller, owner, officer, &c. or or occupier belonging, fhall refufe to admit fuch perfon or per- obftructing fons as fhall be fo authorized, or any officer of excife, into any him, is 1001. fuch houfe or place; or fhall obftruct or hinder any fuch officer, or perfon or perfons, in making such infpection as aforefaid; or fhall not allow any fuch officer to take fuch fample, after the faid fum of two fhillings and fix pence shall 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; and it fhall be lawful for any fuch officer of excife, or Officer autho other perfon or perfons authorized as aforefaid, having a war- rized by warrant for that purpose from any two or more of the commiflion-rant, may ers of the excife, or any juftice or juftices refpectively as afore- commodities. faid, to feize, take, and carry away, all fuch wheat and wheat flour as thall be found in any fuch houfe or other place, together with all the ficks, bags, and other things, in which the faid commodities fhali be contained.

tance to an

feize the faid

&c.

XVIII. And be it further enacted by the authority aforefaid, Diftiller, &c. That if any diftiller or maker of low wines or fpirits for sale or not to have exportation, shall be poffeffed of, or have in his, her, or their more than s cuftody or poffeffion, or in the cuftody or poffeffion of any per- wheat or quarters of fon or perions in truft, or for the ufe or benefit of fuch diftiller wheat flour or maker of low wines or fpirits, more than five quarters of at one time, 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 wash, low wines, or fpirits) very fuch diftiller or maker of low wines or fpirits fhall, for every fuch offence respectively, forfeit all fuch wheat and wheat flour exceeding the faid quantity of five quarters; and alfo the sum of five pounds for every quarter fo forfeited.

on forfeiture of the furplus, and 51. per

quarter;

XIX. Provided always, That this act shall not extend to in- except with flict the faid laft mentioned penalty and forfeiture upon any di- refpect to fuch ftiller or maker of low wines or fpirits, who fhall be the actual distillers, &c. 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 threshed out, or separated from the straw; provided fuch wheat and who keep

as are the growers, &c.

fhall not the wheat,

after being

and also with

fhall not be kept in his or her poffeffion, or in the poffeffion of threshed out, any other perfon or persons in trust for him or her, or for a longer than zo days; greater space of time than twenty days after the fame shall be and not in threshed or feparated from the ftraw; and fo as fuch wheat be places ufed for not kept in any place used for making, extracting, or diftilling, diftilling; low wines or fpirits, or for preparing or keeping worts or wath. XX. Provided alfo, That this act fhall 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 fixty fix, for or upon account of any quantity of wheat or wheat flour, which fhall, during the time herein after limited, be found in any fuch mill or mills; any thing herein contained to the contrary notwithstanding.

diftillers as

are millers,

&c.

In cafe of information, upon oath, before two

or a

a justice of peace, warrant to be

houses, &c.

belonging to diftillers,

XXI. And be it further enacted by the authority aforesaid, That in cafe any officer or officers of excife, or any other perfon or perfons, fhall, at any time or times, have caufe to fufpect that commiffioners any wheat or wheat flour, exceeding the quantity of five quarof excife, ters, fhall be laid or kept in any fuch ftorehoufe, warehouse, grainery, or other place or places, as aforefaid, belonging to any diftiller or maker of low wines or spirits, 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 refpectively, or any two or more of them, or before one or more justice or juftices of the peace refiding near the place where fuch officer or granted im officers, or other perfon or perfons, fhall fufpect the fame to be powering the laid and kept, fetting forth the ground of his or their fufpicion; officer, &c. to it fhall and may be lawful to and for the faid commiffioners, or enter all ftore- juftice or juftices of the peace refpectively, before whom fuch officer or officers, or other perfon or perfons, fhall make oath as aforefaid (if he or they fhall judge it reasonable) by fpecial warrant under his or their refpective hands and feals, to authorize and impower fuch officer or officers, or other perfon or perfons, authorized 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, warehouse, grainery, or other place or places, where he or they fhall fufpect that any wheat or wheat flour, exceeding the quantity of five quarters as aforefaid, fhall be laid or kept, belonging to any fuch diftiller or and seize all 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, together with all the facks, bags, or other things, wherein the fame fhall be contained) and fuch diftiller or maker of low wines or fpirits, or the perfon liable to pay or perfons in whofe cuftody or poffeffion fuch wheat or wheat 51. per quarter for all above flour, belonging to fuch diftiller, fhall be found, fhall, for every that quantity, fuch offence respectively forfeit and pay the faid penalty of five pounds for every quarter exceeding the faid quantity of five quarters; and the faid officer or officers, and other perfon or

wheat and

wheat flour

exceeding 5

quarters, and distiller

&c.

perfons,

perfons, is or are hereby impowered by fuch warrant, together with fuch other perfon or perfons as he or they shall take to his or their affiftance, to enter fuch storehouses, warehouses, graineries, and other place or places, and break open the doors thereof, in cafe they be not opened on demand.

and forfei

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 herein the penalties before made, fhall be fued for and recovered by action of debt, tures where bill, plaint, or information, in any of his Majefty's courts of re- not otherwife cord in Westminster, or in the court of Exchequer in Scotland; directed. and that the court before whom the fame fhall be recovered may and are hereby authorized (if they shall think fit) to mitigate all Penalties liaor any of the pecuniary penalties herein before inflicted, to any ble to be mifum not less than one fourth part of the fum herein respectively tigated. mentioned; and that one moiety of all fuch penalties and forfeitures when recovered, shall be to the use of his Majesty, his heirs, and fucceffors, and the other moiety to him or them who fhall fue for the fame, or give information of, or discover the offence.

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

offences a

act.

XXIV. And whereas there have been contracts made by the diftil- Contracts lers with feveral perfons for yeaft to be delivered and received at fu- made for fupture times after the first day of October, one thousand feven hundred lers with yeast, plying diftiland fixty fix; be it therefore enacted by the authority aforesaid, fufpended That all contracts or bargains made by any diftiller or diftillers during the with any person or perfons whatsoever, for any yeaft to be deli- continuance vered at any time during the continuance of this act, shall be, and are hereby declared to be, fufpended.

of this act.

actions.

XXV. And be it further enacted by the authority aforefaid, Limitation of 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 space of four calendar months next after the offence shall be committed; and if fuch action or fuit fhall be commenced or profecuted in that part of Great Britain called England, the defendant or defendants

in any such action or fuit may plead the general iffue, and give General Issue. this act and the special matter in evidence at any trial to be had thereupon, and that the fame was done in purfuance and by the authority of this act; and if it shall appear fo to have been done, the jury fhall find for the defendant or defendants: and if the plaintiff shall be nonfuited, or difcontinue his action after the defendant or defendants fhall have appeared; or if judgement shall 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 fuch action

or

In Scotland full expence

to be recovered.

Commence

tinuance of

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 defendant fhall and may recover the full and real expences he may have been put to by any fuch action or fuit.

XXVI. And be it further enacted by the authority aforefaid, ment and con- That fuch part of this act as prohibits the exportation of wheat the several and wheat flour, and the feveral claufes and provifions reprohibitions. lating thereto, fhall continue in force until the tenth day of September, one thousand seven hundred and fixty seven; and that fuch part of this act as prohibits the exportation of barley and malt, and the several clauses and provisions relating thereto, fhall commence from the fourteenth day of November, one thoufand feven hundred and fixty fix, and continue in force until the faid tenth day of September; and that fuch part of this act as prohibits the exportation of any other corn, grain, or flour, or of meal, bread, bifcuit, and ftarch, and the feveral claufes and provifions relating thereto, fhall commence from the paffing of this act, and continue in force until the faid tenth day of September; and that fuch part of this act as prohibits the extraction of low wines and fpirits, from wheat, and wheat flour, and the feveral claufes and provifions relating thereto, fhall commence from the paffing of this act, and continue in force until the faid tenth day of September.

Continuations liable to be abridged or varied, by any future act of

this feffion.

XXVII. Provided nevertheless, That the faid continuations, or any of them, may be abridged or fhortened; and this act, or any part thereof, may be altered and varied by any other act of acts to be made in this present feffion of parliament.

XXVIII. Provided always, and be it further enacted by the The King im- authority aforefaid, That if at any time or times after the tenth powered, after the faid 10 day of September, one thousand feven hundred and fixty fever, Sept. and be- and before the next feffion of parliament, it fhall appear expedi fore the next ent to his Majefty to prohibit the exportation of corn, grain, feffion, to pro- meal, malt, four, bread, biscuit, and starch, or any of them; hibit, if expedient, the ex- it fhall and may be lawful to and for his Majefty, from time to portation of time, by his royal proclamation, to be iffued by and with the

corn, &c.

for any time, until 20 days after the

next feffion. Prohibition

to places, or

advice of his privy council, or by his order in council to be publifhed in the London Gazette, from time to time to prohibit the exportation of corn, grain, meal, malt, flour, bread, bifcuit, and ftarch, or any of them, for any time or times, until twenty days after the commencement of the next feffion of parliament.

XXIX, Provided always, and be it enacted by the authority aforefaid, That nothing herein contained shall enable his Manot to extend jefty to prohibit the exportation of any corn, grain, meal, malt, for any of the flour, bread, biscuit, or ftarch, to any of the places, or for any purposes al- of the purposes, allowed by this act, provided the faid corn, lowed by this grain, meal, malt, flour, bread, bifcuit, or ftarch, be exported fubject to all the regulations and provifions prefcribed by this act.

act.

САР,