Ale, and how much into Small, before any Part of fuch Guile is cleanfed, or fhall permit the faid Strong Beer to be carried ⚫ out of their Tuns, until the said Small Beer fhall be carried out and delivered, fuch Gauger or Gaugers fhall charge and return the whole of fuch Guile to be Strong, and fuch Brewer, Innkeeper or Victualler, fhall pay the Duties thereof accordingly; and in cafe fuch Brewer, Innkeeper or Victualler, or their refpective Servants, after fuch Declaration made shall 'make any Increase of their Strong Beer or Strong Ale, fo ⚫ declared as aforefaid, by any Ways or Means whatsoever, fuch Increase shall be deemed and taken to be and proceed from mixing Small Beer with Strong Beer or Strong Ale, and fuch Brewer, Innkeeper or Victualler, fhall forfeit and lofe, for every Barrel fo increased, the Sum of forty Shillings, and fo in Proportion for a greater or leffer Quantity, over and above the Penalties already impofed for mixing Small Beer with Strong: And whereas it is found by Experience, that it is inconvenient 'to the Brewers within London, and the weekly Bills of Mortality, and impracticable to the Brewers, Innkeepers and Victuallers in the Country, to keep their Strong Beer in their Tuns until their Small Beer is carried out and delivered, as by the Claufe above recited is required;' Be it therefore enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the tenth Day of Repealed. April in the Year of our Lord One thousand fix hundred ninety feven, the faid Claufe, and every Thing therein contained, fhall be and hereby is repealed and made void to all Intents and Purposes whatsoever.

clare how much Strong Beer or Ale he intends

to make of each Guile.

II. And for the more effectual preventing the Frauds of the Brewer to deBrewers, which are now frequently practifed, by mixing Small • Beer with Strong;' Be it enacted by the Authority aforefaid, That every common Brewer, who after the faid tenth Day of April fhall brew or make any Guile of Beer or Ale, shall declare to the Gauger or Gaugers appointed to gauge and take an Account of the fame, how much Strong Beer or Strong Ale he intends to make of fuch Guile, and alfo how much Small (if he intends to make any Small) before any Part of fuch Guile is cleanfed or removed out of his Tuns; and in cafe any fuch Brewer, or his refpective Servants, brewing or making fuch Guile of Beer or Ale, fhall refufe to make fuch Declaration as aforefaid, fuck Gauger or Gaugers fhall charge and return the whole of fuch Guile to be Strong, and fuch Brewer fhall pay the Duties thereof accordingly, and fhall alfo forfeit and lofe, for every Barrel of Beer or Ale contained in fuch Guile, the Sum of twenty Shillings (a); and in cafe fuch Brewer, or his refpective Penalty. Servants, after fuch Declaration made as aforefaid, shall make any Increase of the Strong Beer or Strong Ale fo declared as aforelaid, by any Ways or Means whatfoever, or in cafe fuch Gauger or Gaugers fhall find any Beer, Ale or Worts, of the fame Guile laid off, over and above the Quantity so declared as aforefaid, fuch Brewer fhall forfeit and lofe for every Barrel fo increased, laid off, or found over and above the Quantity de Penalty. clared as aforefaid, the Sum of five Pounds; and the Servant or Servants.

C 4

Servants

Penalty.

Information.

Penalty.

Servants of fuch Brewer, who were any ways concerned or affifting in raking fuch Increase after the faid Declaration, or in laying off any Beer, Ale or Worts of fuch Guile, before 'fuch Declaration made, as aforefaid, fhall alfo forfeit and lofe, for every Barrel fo increafed or laid off, the Sum of twenty Shillings, and in Default of Payment thereof fhall fuffer three Months Imprifonment; and in cafe upon any Information brought against fuch Brewer for the Penalties by this Act impofed for increafing his Length of Strong Beer or Ale, as aforefaid, it fhall appear by the Evidence given in Behalf of fuch Brewer, that the Strong Beer or Ale fo declared, as aforefaid, was increased by adding to or mixing with the fame, any Beer or Ale that was left in the Brewhoufe of a former Guile of his or her brewing, fuch Brewer fhall incur all the faid Penalties, except it be alfo proved by the Oath of one or more credible Witneffes, that the Strong Beer or Ale fo added to fuch Guile, was added to fuch Guile in the Sight and View of the Gauger; the faid Evidence, or any other Thing to the contrary, in any wife notwithstanding. (a) [Brewer, &c. laying off Beer, St. contrary to this Act, shall for every fuch Offence forfeit icol. 42 G. 3.3 16.]

III. And whereas many Brewers having Strong Beer or Ale remaining in their Brewhoufes from the Time it was brewed, until the next Guile or Brewing, the Quality of which they frequently alter by mixing with the fame new Small Beer, or old returned Drink, and then add the Beer and Ale so altered to the next Guile, by Means whereof His Majefty is often defrauded of His Duties of Excife;' Be it therefore declared and enacted by the Authority aforefaid, That if it fhall appear to the Gauger that the Quality of fuch Strong Beer or Ale fo remaining in the Brewhoufe of a former Guile, and added to a Guile of new Drink, as aforefaid, hath been fo altered fince it was brewed, fuch Gauger fhall charge and return all fuch Beer and Ale fo altered and added to a Guile of new Drink, as if the fame were then originally brewed, and had never been charged before, and fuch Brewer fhall pay the Duties thereof accordingly, IV. And forafmuch as it is found by Experience, that His Majefty is very much defrauded of His Duties of Excife by many Brewers, who by private Pipes and Stopcocks under Ground, and other private Conveyances, have Communication, between their Strong Beer Tuns and their Small Beer Tuns, whereby they do privately mix the Small Beer with their Strong Beer or Ale, and alfo convey their Beer, Ale or Worts, from the Sight and View of the Gaugers appointed to gauge and take an Account of the fame, which is alfo prejudicial to other • Brewers, who work fair, and pay His Majefty His full Duty ;' Be it therefore enacted by the Authority aforefaid, That every common Brewer, having or keeping any Pipe or Stopcock under Ground, or any other private Pipe, or other private Conveyance in or about his Brewhoufe, by which any Beer, Ale or Worts, may be conveyed from one Tun er brewing Veffel to another, or out of any fuch Tun or brewing Veffel into any other Place, fhall before the eight and twentieth Day of April One thousand fix hundred ninety feven, take up, or demolish every fuch Pipe, Stopcock and other private Conveyance, and fhall also ftop

"

up

A.D.1697.

up every Hole in every Tun, Batch or Float, by which any Beer, Ale or Worts, may be conveyed into or out of fuch Tun, Batch or Float, or any of them; and that no common Brewer, from and after the faid eight and twentieth Day of April, fhall have or keep any fuch Pipe, Stopcock or other private Conveyance, by which any Beer, Ale or Worts, may be conveyed from one Tun or brewing Veffel to another, or out of any fuch Tun or brewing Veffel into any other Place, nor fhall have or keep any Hole in any fuch Tun, Batch or Float, by which any Beer, Ale or Worts, may be conveyed into or out of fuch Tun, Batch or Float, or any of them, on Pain to forfeit for every Penalty. fuch Offence the Sum of one hundred Pounds.

25

V. And for the better discovering of all fuch Pipes, Stopcocks What Acts and other private Conveyances aforefaid; Be it further enacted, Officers of ExThat from and after the faid eight and twentieth Day of April, cife may do to it fhall and may be lawful to and for the Gaugers and Officers of difcover private Excife, or any of them, in the Day-time, and in the Prefence Pipes of a Conftable, or other lawful Officer for the Peace, on Requeft first made, and caufe declared, to break up the Ground in any common Brewhoufe, or Ground near adjoining, or any Wall, Partition or other Place, to fearch for any fuch private Pipe, or other private Conveyance, and upon finding any fuch Pipe, or other private Conveyance, to follow the fame, and to break up the Ground, House, Wall or other Partition or Place, through, or into which any fich Pipe or other private Conveyance fhall lead, and to break up or cut any fuch Pipe, or other private Con veyance, and to turn any Cock or Cocks, to try and examine whether fuch Pipe, or other private Conveyance, may or can convey any Beer, Ale or Worts, out of one Tun or Brewing Veffel into another, or out of any fuch Tun or Brewing Veffel into any other Place.

VI. Provided always, That in cafe upon fuch Search made, as Provifo. aforefaid, no fuch Pipe, or other private Conveyance, shall be found, fuch Gaugers and Officers fhall make good the Ground, Wall or other Place fo broken up as aforefaid, or make reasonable Satisfaction to the Owner or Owners thereof; and if any common Brewer, &c. Brewer, or any other Perfon or Perfons whatfoever, fhall oppofe, oppofing. any fuch Gauger or Officer in the due Execuobftruct or hinder tion of the Powers hereby given and granted, every fuch Brewer and other Perfon fhall forfeit and lofe for every fuch Offence the Penalty. Sum of fifty Pounds.

VII. Provided nevertheless, and it is hereby declared, That Pipes, &c. above
it fhall and may be lawful to and for any common Brewer to Ground.
keep and make ufe of any Pipes, Stopcocks or other Con-
veyances above Ground, which are publick and in open View,
for the letting his Worts out of his Copper into his publick
Backs or Coolers, and for the letting his Worts out of fuch
publick Backs or Coolers into his publick Tuns, Batches or
contrary in any
Floats, or out of any public Tun into his Cafks; any Thing in
this Act, or any other Law or Statute to the
wife notwithstanding.

VIII. And whereas, notwithstanding the Penalties already
f impofed by former Acts, it is found by Experience, that feveral
Brewers do fet up and keep private Backs and Tuns, by which
His Majefty is much defrauded of His Duties of Ex-

cife,

Brewer fetting up, &c. any Tun, &c. without No

tice.

Penalty.

Brewer, &c delivering Wath, &c. to Distiller,

&c. without Notice.

Penalty.

No common

Diftiller, &c to fet up, &c. any Tun, &c.

nor keep any private Tun, &c.

cife, and other Brewers, who pay their full Duties, are much prejudiced in their Trade thereby;' Be it further enacted by the Authority aforefaid, That if any common Brewer fhall at any Time after the faid tenth Day of April, without Notice thereof first given at the next Office of Excife, erect or fet up any Tun, Batch, Float, Cooler or Copper, or shall alter or enlarge any Tun, Batch, Float, Cooler or Copper, already erected or fet up, or fhall have or keep any private or concealed Tun, Batch, Float, Cooler or Copper, other than such as are openly difcovered and known to be commonly used in his Brewhouse or Place of Brewing, every such Brewer shall forfeit and lofe for every Tun, Batch, Float, Cooler and Copper fo erected or fet up, altered or enlarged, kept private or concealed, without fuch Notice given, as aforefaid, the Sum of two hundred Pounds. [See 5 G. 3. c. 43. § 25.]

IX. And be it further enacted by the Authority aforefaid, That if any common Brewer or Maker of Cyder, brewing or making any Beer, Ale or Cyder for Sale, fhall at any Time after the faid tenth Day of April deliver to any Distiller or Vinegar-Maker, any Wafh, Tilts, Ale, Beer, Vinegar Beer or Cyder, without firft giving Notice to the Gauger or Gaugers within whofe Divifion or District fuch Brewer or Maker of Cyder doth or fhall inhabit, what Quantity of Wash, Tilts, Ale, Beer, Vinegar Beer or Cyder, he intends to deliver, and when and to whom he intends to deliver the fame, every such common Brewer or Maker of Cyder fhall forfeit and lofe, for every Barrel of Wash, Tilts, Ale, Beer, Vinegar Beer and Cyder, delivered without fuch Notice given as aforefaid, the Sum of twenty Shillings.

And whereas it is found by Experience, That notwithftanding the Penalties impofed by former Acts, many Diftillers do erect and fet up private Backs, Stills and other Veffels, by which His Majefty is much defrauded of His Duties of Excife: Be it therefore enacted by the Authority aforefaid, That no common Distiller or Maker of Low Wines, Spirits or Strong Waters for Sale or Exportation, fhall at any Time after the faid tenth Day of April erect or fet up any Tun, Cafk, Wafh-batch, Copper, Still, or other Veffel for the brewing, making or keeping of any Worts, Wafh, Low Wines, Spirits or Strong Waters, nor alter or enlarge any Tun, Cafk, Wafh-batch, Copper, Still or other Veffel already erected or fet up, nor fhall have or keep any private or concealed Tun, Cafk, Wafh-batch, nor Warchoute, Copper, Still or other Veffel, nor any private or concealed &c. without No- Warehouse, Storehoufe, Cellar or other Place for the brewing, making, laying or keeping any Worts, Wafh, Low Wines, Spirits or Strong Waters, without firft giving Notice thereof at the next Office of Excife, within the Limits or Jurifdiction whereof he or they do or fhall inhabit, upon Pain to forfeit for every Tun, Cafk, Wafh-batch, Copper, Still, Warehouse, Storehoufe, Cellar or other Place fo erected or fet up, altered or enlarged, kept private or concealed, the Sum of twenty Pounds; and that all and every Perfon or Perfons in whofe Occupation any House, Out-houfe or other Place whatsoever, is or fhall be, where any fuch private or concealed Tun, Cafk, Wash-batch, Copper, Still, Warehouse, Store-houfe or Cellar, fhall be dif

Lice;

Penalty.
Concealing
Tun, &c.

covered or found, fhall alfo forfeit and lofe the Sum of fifty Penalty. Pounds.

XI. And it is hereby further enacted and declared, That from Who fhall be and after the faid tenth Day of April every Perfon or Perfons deemed a commaking or keeping any Wath, Cyder or other Materials fit for mon Distiller. Diftillation, and having in his or their Poffeffion or Occupation any Still or Stills, containing twenty Gallons or upwards, Proof being made thereof by the Oath of one or more credible Witnesses before fome Juftice of the Peace, who is hereby impowered to adminifter the fame, fhall be deemed and taken to be a common Diftiller for Sale, and fhall be liable to the feveral Rates and Duties of Excife, and fubject to the feveral and refpective Penalties and Forfeitures impofed by this or any former A&t now in Force; the faid A&t or any other Law or Statute to the contrary in any wife notwithstanding.

XÍI. And be it further enacted by the Authority aforefaid, Fines, how to be That all the Fines, Penalties and Forfeitures by this Act impofed, fued for. fhall be fued for, recovered and levied by fuch Ways, Means and Methods, as any Fine, Penalty or Forfeiture, is or may be recovered by any Law or Laws of Excife, or by Action of Debt Bill, Plaint or Information, in any of His Majefty's Courts of Record at Weftminfter: and that one Moiety of every fuch Fine, Penalty or Forfeiture, fhall be to His Majefty, His Heirs and Succeffors, and the other Moiety to him or them that shall difcover, inform or fue for the fame.

• XIII. And whereas by an A&t made in the fecond Year of 2 W. & M. the Reign of His Majefty and the late Queen Mary of bleffed Seff. 2. c. 9. § 11. • Memory, intituled, An Ad for the encouraging the diftilling Brandy and other Spirits from Corn, and for laying feveral • Duties on Low Wines, it was enacted and declared, That it fhould and might be lawful to or for any Perfon or Perfons, • during the Continuance of that Act, to make, draw or diftil, for Sale, or to be retailed, any Low Wines or Spirits from • Drink brewed from malted Corn; upon the Encouragement of which faid A&t many Perfons have, at great Charge, fet up Works for diftilling from Corn, and the faid Act being fince expired; Be it therefore enacted and declared by the Authority aforefaid, That it shall and may be lawful to or for any Perfon Any Perfon may or Perfons, who have already fet up any Works or Offices, or diftil for Sale who fhall hereafter fet up any Works or Offices for that Purpofe, Low Wines and thereof shall give Notice to the Commiffioners of Excife, from Drink within ten Days after the erecting fuch Office or Work, to make, malted. Corn, draw or diftil for Sale, or to be retailed, any Low Wines or &c. paying the Spirits from Drink brewed from malted Corn or Cyder, and to Duties. rectify and refine any fuch Spirits of their own making only, paying the Duties, and being fubject to all Fines and Penalties as other Distillers are; any Law, Charter or other Thing to the contrary notwithstanding.

[See 48 G. 3. c. 118. 49 G. 3.

[This A& declared, in its original Intention, to extend to Scotland,

5 G. 3. c. 43.24.]

brewed from

[Here