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continuance of this act, shall in his royal discretion judge it to or order in be expedient to permit the exportation of corn, and other the council, may at - commodities aforesaid, or any of them, from the faid colonies any time perand plantations, that then it shall and may be lawful to and for tation of corn, mit the exporhis Majesty by his royal proclamation or proclamations to be if- &c from the sued, by and with the advice of his privy council, or by his Ma- colonies or jesty's order in council, from time to time, to permit and fuffer plantations, all and fingular his Majesty's subjects (but not any particular perfon or perfons) to export or carry out of all of the faid colonies or plantations in any ship or ships, vessel or vessels, duly navigated, owned, and qualified according to law to trade there, all or any of the commodities aforesaid to all or any other place or places, and upon or without giving fecurity for the landing thereof in fuch place or places, and returning certificates of such landing, as to his Majesty shall seem meet, and as in fuch proclamation or proclamations, or fuch orders of council, shall be expreffed and declared; any thing to the contrary notwithstanding.

the certificates

X. And be it further enacted by the authority aforesaid, That Times limited all certificates of the landing and discharging of the faid commo- of returning dities to be exported, thall be returned within the respective from the ports times following; that is to fay, Where the bonds are taken in where the corn, respect of any of the faid commodities to be exported to Great &c. has been Britain or Ireland within eighteen calendar months after the landed. date of the faid bonds; and in respect of any of the said commodities to be exported from any of the faid colonies or plantations to any other of the said colonies or plantations, or from any port or place in any one of the faid colonies or plantations, to any other port or place in such colony or plantation respectively, within twelve calendar months after the date of such bonds respectively.

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not to extend

XI. Provided always, and be it further enacted by the autho- Prohibition rity aforefaid, That this act shall not extend to prohibit the ex- to exporting portation of any rice from the faid colonies or plantations di- of rice. rectly to any part of Europe southward of Cape Finisterre, but that rice shall and may be shipped and exported directly to any part of Europe fouthward of the faid cape, in fuch manner as the same might have been exported if this act had not been made; any thing herein contained to the contrary notwithstanding.

ed, or carried

XII. Provided also, and be it further enacted by the autho- Fish or roots rity aforefaid, That this act shall not extend to any fish or roots may be exportwhich shall be exported or carried coaftwise, but that fish and coastwife. roots of all forts shall and may be exported and carried coaftwife, in such manner as the fame might have been exported or carried coastwife, if this act had not been made; any thing herein contained to the contrary notwithstanding.

XIII. And whereas by

an

alt paffed

this present feffion

Act

of parlia-Con

of this fef

ment, intituled, An act to prohibit, fora time to be limited, the exportation of corn, malt, meal, flour, bread, biscuit and starch, it was enabled, That no person, at any time before the twenty fifth day of December one thousand seven hundred and fifty seven, should ex

port,

Exeter unto

port, or carry out of or from the kingdoms of Great Britain or Ir land, any fort of corn, meal, malt, flour, bread, biscuit or starch, u der the penalties and forfeitures therein mentioned; but with fever provisions and favings in the faid alt contained: And whereas the i habitants of the isle of Man have, for several years last past, been su plied with confiderable quantities of corn, meal and flour, from Gre Britain and Ireland; and they are now in great want thereof, Wheat, &c. provision or faving having been made in the said act for supplyin may be export. them therewith; be it therefore enacted by the authority afore ed from South- faid, 'That the faid recited act, or any thing therein contained ampton and shall not extend to any wheat, barley, oats, meal or flour, to b the ifle of Man, transported out of or from the ports of Southampton or Exete only, unto the faid ifle of Man, for the only use of the inhabitant of that island, so as the exporter, before the lading of fuc wheat, barley, oats, meal or flour, or laying the fame on board do become bound, with other fufficient security (which the cu stomer or comptroller of either of the faid ports respectively hatl hereby power to take in his Majesty's name, and to his Majesty' use, and for which security no fee or reward shall be given o taken) that such wheat, barley, oats, meal or flour, shall be landed in the faid ifle of Man (the danger of the seas only ex cepted) for the use of the inhabitants there, and shall not be landed or fold in any other parts whatsoever, and to return the like certificates of the landing the same there, as are by the said act required on the exportation of the faid commodities to the Briti not more than colonies in America, and within the time for that purpose therein 2,500 quarters. mentioned; and so as the whole quantity of wheat, barley, oats, mea

One moiety to be shipped at

each of the faid ports.

Act of this feffion.

or flour, which, at any time or times after the passing this act, and before the faid twenty fifth day of December one thousand seven hundred and fifty seven, shall be shipped at both the faid ports for the faid ifle of Man as aforesaid, thall not exceed in the whole two thousand five hundred quarters; one moiety whereof to be exported at the said port of Southampton, and the other moiety thereof to be exported at the said port of Exeter; any thing in the faid recited act to the contrary notwithstanding.

XIV. And whereas by an act made in this present session of parliament (intituled, An act to discontinue, for a limited time, the duties upon corn and flour imported, and also upon such corn, grain, meal, bread, biscuit and flour, as havebeen, or shall be, taken from the enemy, and brought into this kingdom) corn and four is allowed to be imported into this kingdom, duty free, for and during fuch time as in the faid act is mentioned: And whereas it is neceffary that such importation shou'd be allowed to be made in ships belonging to

Corn and flour any flate in amity with his Majesty, as well as in ships belonging to may be im. Great Britain, and from any port or place whatsoever; be it thereported duty! fore enacted by the authority aforesaid, That it shall be lawful, free, from any during the time, and under the regulations, mentioned in the kingdom, &c. in amity, into said act, for any perfon or persons whatsoever to import and bring Great Britain, into this kingdom, in any ship or vessel belonging to Great Britain, or to any kingdom or state in amity with his Majesty, his heirs and fuccessors, from any port or place whatsoever corn

and

and flour duty free; any act or acts of parliament to the contrary notwithstanding.

XV. And whereas, if the importation of corn and flour into Ireland ais permitted, for a limited time to be made in ships belonging to any ate in amity with his Majesty, the same may be of advantage to his Manfty's fubjects; be it therefore enacted by the authority afore- or Ireland. and, That it shall be lawful, at any time or times before the wenty fourth day of August next, for any perfon or perfons whatfoever to import and bring into the kingdom of Ireland, in ary ship or vessel belonging to any kingdom or state in amity wth his Majesty, his heirs or fuccessors, corn and flour from ay port or place whatsoever; any act or acts of parliament to The contrary notwithstanding.

XVI. And be it further enacted by the authority aforesaid, That if any action or fuit shall be commenced againft any perton or perfons for any thing done in pursuance of this act, the sefendant or defendants in any such action or fait may plead the general issue, and give this act, and the special matter, in evi- General issue. idence, at any trial to be had thereupon, and that the same was done in pursuance, and by the authority, of this act; and if it Call appear so to have been done, the jury shall find for the defendant or defendants; and if the plaintiff shall be nonsuited, or discontinue his action, after the defendant or defendants shall have appeared; or if judgment shall be given, upon any verdict or demurrer, against the plaintiff, the defendant or defendants all and may recover treble costs, and have the like remedy for Treble costs, the fame as any defendant or defendants hath or have in other fes by law.

САР. Х.

An act to probibit for a limited time the making of low wines and Spirits, from wheat, barley, malt, or any other fort of grain, or from any meal or flour.

made ufe of

W HEREAS it is expedient that the distillation or extraction Wheat and all oflow wines or fpirits, from wheat, barley, malt, and all other forts of grain, ts of grain, should be probibited for a limited time; be it therefore meal and flour, csacted by the King's most excellent majesty, by and with the prohibited to advice and confent of the lords spiritual and temporal and com- in diftillation cons in this present parliament assembled, and by the authority for 2 months; of the fame, That from and after the eleventh day of Marchone continued by thcufand feven hundred and fifty feven, no low wines or spirits cap. 15. till whatfoever shall be made, extracted, or diftilled, within this penalty of zool. Kingdom, from any wheat, barley, malt, or any other fort of and forfeiture pala, or from any meal or flour, for and during the space of two of fuch grain,

calendar months.

II. And be it further enacted by the authority aforesaid, That during the time before limited, any diftiller, or maker of wines or fpirits, or any other person or perfons whatsoever, all make, extract or diftil, or cause or procure to be made, exted, or diftilled, any low wines or spirits, from any wheat, VOL. XXII.

D

bar

Dec. 175. on

with the wines and fpirits, &c,

the time li

to a distiller

barley, malt, or other grain, or from any meal or flour; or f
ufe or mix, or cause or procure to be used or mixed, any wh
barley, malt, or other grain, or any meal or flour, in any w
or wath, in order for the making, extracting or distilling,
wines or spirits; or shall put or lay, or cause or procure to
put or laid, in any tun, wash-batch, cask, copper, still, or ot
vessel or utenfil, any wheat, barley, malt or other grain, or
meal or flour, for the purpose of preparing any worts or wath
for making, extracting or distilling, low wines or spirits, w
ther fuch tun, wash-batch, cask, copper, still, or other vesse
utenfil, hath or hath not been duly entered at the excife off
that then, and in each and every of the said cafes, such distille.
maker of low wines or fpirits, or other person or persons act
contrary to the directions of this act, or the person or perf
in whose custody or poffeffion any such tun, washbatch, ca
copper, still, or other vessel or utenfil, which shall be made
of, contrary to the intention of this act, shall be found, shall
spectively, for every fuch offence, forfeit and pay the sum of t
hundred pounds; and all fuch wheat, barley, malt, and ot
grain, and such meal and flour, and such worts and wash, 1
wines and spirits, shall be also forfeited.

III. And be it further enacted by the authority aforesa All wheat, &c. That if any wheat, wheat meal, or wheat flour, shall, with found within the time herein before limited, be found in any workhouse, sti mited, in any house, storehouse, warehouse, or any other place, wherein lo work-house, wines or spirits, or worts or wash, shall be made, extracted, c &c. belonging stilled or prepared, or where any low wines or spirits, or wor forfeited, and or wath, shall have been made, extracted, distilled or prepare fince the first day of January one thousand seven hundred al fifty seven, all fuch wheat, meal and flour shall be forfeited, a the perfon or persons in whose possession such workhouse, stil house, storehouse, warehouse, or place shall be, shall, for eve fuch offence respectively, also forfeit and pay the fum of of hundred pounds.

1001.

Officer, &c. may enter fu

IV. And be it further enacted by the authority aforefai That during the time herein before limited, it shall be lawf spectedhouses, for any person or persons, who shall be authorized for that pu

pose by the commiffioners of excise for the time being, or ar two or more of them, within the limits of the chief office excise in London, or by one or more justice or justices of th peace in any other part of Great Britain, at any time or time with any officer of excise, to enter into any workhouse, still house, storehouse, warehouse, or any other place wherein an low wines or spirits, or worts or wash shall be, or are suspecte to be made, extracted, distilled or prepared, or wherein lo wines or spirits, or worts or wash shall have been made, extract ed, distilled or prepared, since the first day of January one thou sand seven hundred and fifty seven, and shall have free admit tance into the same, and may inspect all the materials, vessel the materials and utenfils, therein contained (giving thereby as little inter ruption as may be to the business which shall be carrying on)

and inspect

and utenfils therein;

an

Diftiller refuf

and in cafe any such officer of excise, shall have reason to fupect that any wheat, barley, malt or other grain, meal or flour, mixed in any worts or wash, or in any other material or preration, for making, extracting or distilling low wines or spirits, hall be lawful for such officer, at any time or times, during be faid term, upon payment of two thillings and fix pence, to ate a fample not exceeding two quarts, of any such worts or and take samwah, material or preparation, which shall be found in any fuch ples, paving toufe or other place as aforesaid; and in case any distiller or for the fame. maker of low wines or spirits, or the owner or occupier of any fuch ing admitufe or place, or any workman or fervant to any fuch diftiller, tance, or obwner or occupier belonging, shall refuse to admit such person structing offiperions, as shall be so authorized, or any officer of excife, in- cer forfeits any fuch house or place, or shall obstruct or hinder any fuch cer or perfon or persons, in making such infpection as afored, or shall not allow any fuch officer to take such sample, after the faid fum of two thillings and fix pence shall be paid or tenfered for the fame, such distiller, owner or occupier, shall, for tary fuch offence respectively, forfeit and pay the sum of one andred pounds; and it shall be lawful for any fuch officer of exile, or other perfon or persons authorized as aforesaid, hav- and the officer awarrant for that purpose from any two or more of the com- may feize, and mafioners of excife, or any justice or justices respectively as afore- carry away the wad, to feize, take and carry away, all fuch wheat, wheat meal, wheat, &c. und wheat flour, as shall be found in any fuch house or other

ice, together with all the sacks, bags, and other things, in which the faid commodities shall be contained.

V. And be it further enacted by the authority aforesaid,

1001.

found.

for him hav

That if any diftiller or maker of low wines or spirits for fale or Distiller, or sportation, shall, after the eleventh day of March one thousand other perfon en hundred and fifty seven, and before the eleventh day of ing more than May one thousand seven hundred and fifty seven, be possessed of, 5 quarters of have in his, her or their custody or possession, or in the cufto- wheat, &c. in yor poffeffion of any person or persons in trust, or for the use or his custody, nefit of fuch distiller or maker of low wines or spirits, more an five quarters of wheat, wheat meal, or wheat flour, at any time, in any one or more place or places (not being a place ur places for preparing, making, extracting, distilling, or keeping worts or wash, low wines or spirits) every such distiller or maker flow wines and spirits, shall, for every such offence respect- forfeits the -dy, forfeit all fuch wheat, meal and flour, exceeding the faid fame, and gl. antity of five quarters, and also the sum of five pounds for for every

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cvery quarter fo forfeited.

VI. Provided always, That this act shall

quarter.

not extend to inflict Distillers not

wheat of their

the faid laft mentioned penalty and forfeiture upon any distiller to forfeit for maker of low wines or spirits, who shall be the actual grower wheat, and shall be possessed of any quantity of fuch wheat owa growth, grown by him or her in the straw, or after the fame is threshed if fold within cator separated from the straw; provided such wheat shall not 20 days after kept in his or her poffeffion, or in the possession of any other being threftaperfon or persons in trust for him or her, for a greater space of ed; and not

D2

time kept in workhouse, &c.

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