a copy under his hand of each charge by him made, and if he neglect or refuse (after demand in writing, 12 Geo. 1. c. 28. s. 30.) to leave such copy, or shall charge such brewer more than such copy contains, he shall forfeit 10l. s. 25.

And the commissioners of excise or appeals, or justices of Relief for over peace, upon complaint made by brewers of any over-charge re- charges. turned upon them by the gagers, shall hear and determine such complaints, and examine witnesses on oath, and by duc proof discharge such brewer of so much as shall be made out before them. 1 Will. & Mar. sess. 1. c. 24. s. 13.

But no allowance can be granted under this clause, upon the ground of an overcharge, for any loss happening after the officer has charged the duties, such as by the bursting of the vessel or other inevitable accident. See the K. v., Sykes, under head Spirits, and 7 Ter. Rep. 56,

ficers to gage.

And if any common brewer or retailer shall refuse to permit Hindering of any such gager to enter his brew-house, or to gage his brewing vessels, such brewer or retailer shall be forbidden by the gager to sell or deliver any beer, or ale; and if such brewer or retailer, after such warning, shall sell or deliver out the same, not having paid the excise, such person shall, besides the forfeiture of double the value, forfeit 101. 12 Car. 2. c. 24. s. 33.

And if any common brewer, inn-keeper, or victualler, shall, upon request made by the officer in the day-time, or in the night in the presence of a constable, refuse to permit such of ficer to enter into his house, brew-house, storehouses, or other places belonging to or used by him, or being entered shall refuse such officer to stay therein, while his guile is brewing, and quietly gage the several worts as they are brewed off and let into his backs and tuns, and to see their strong and small drink cleansed and carried out without mixture, and to take an account of the goods in the mesh tun, or of the quantity of malt from which such worts are drawn, he shall forfeit 201. and the informer shall not be obliged to prove that such brewer did carry out any part of such guile before he paid the duties. 7 & 8 Will. 3. c. 30. s. 22.

any

Every common brewer who shall brew any guile of beer or Brewers to ale, shall declare to the gager how much strong beer or ale he declare the intends to make of such guile, and how much small, before quantity and quality of his part of such guile is cleansed or removed; and in case such guile. brewer or his servants shall refuse to make such declaration, such gager shall charge the whole to be strong, and such brew. er shall forfeit for every barrel in such guile, 28s. and in case such brewer, after such declaration, shall make any increase of the strong beer or ale, or in case such gager shall find any beer, ale, or worts, of the same guile laid off, above the quantity declared, such brewer shall forfeit for every barrel so increased, laid off, or found, 57. and the servants of such brewer concerned therein shall also forfeit for every barrel 20s. and in default

1

to.

of payment suffer three months imprisonment; and if on an information brought against such brewer for the penalties, it shall appear by the evidence given in his behalf, that the stroug beer or ale was increased by adding beer or ale left in the brewhouse of a former guile, such brewer shall nevertheless incur the penalties, except it be also proved by the oath of one witness, that it was added in the sight of the gager. 8 & 9 Will. 3. c.

19. s. 2.

But it is now enacted that every common brewer who shall Penalty on laying off worts lay off any beer, ale or worts, contrary to the foregoing clause, contrary here- shall, for every offence, forfeit 100/. 42 Geo. 3. c. 38. s. 16. If it shall appear to the gager, that the quality of strong beer or ale remaining in the brew-house of a former guile, and added to a guile of new drink, hath been altered since it was brewed, such gager shall charge all beer and ale so altered and added, as if the same were then brewed. 8 & 9 Will. 3. c. 19. s. 3. If any common brewer, inn-keeper, or victualler, shall cleanse or convey out of his brew-house any part of his guile, before the whole is brewed off, and in his tuns, backs, or coolers, and until the gager might have taken an account, without first giving notice to the supervisor or gager at what time, and how much he intends to cleanse or remove, and where he intends to dispose of the same, he shall for every barrel forfeit 40s. 7 & 8 Will. 3. c. 30. §. 21.

Removing beer before the whole is brewed off.

Worts missing.

Penalties for

mixing small

beer with strong without notice to the

gager,

And where it shall appear to the gager that any worts are missing, or not let fairly down into the tun, and such gager cannot find the same, he may charge the brewer with so much beer or ale as such worts would reasonably make. 1 Will. & Mar. sess. 1. c. 24. s. 6.

If any common brewer, inn-keeper, or retailer of beer or ale, shall, after an account taken by the gager, convert any part of his small beer or small worts into strong beer or ale, by mingling, letting down, or striking over any such strong ale or strong worts, amongst such small beer or small worts, and shall sell any part thereof, without giving notice to the gagers; or concealing or if such brewer or retailer shall conceal or convey any any worts from his beer, ale or worts not gaged, from the view of the gager, View whereby the king may be defrauded, he shall for every barrel mingled, concealed, or conveyed away, forfeit 20s. 15 Car, 2. c. 11. s. 12. 1 Will. & Mar, sess. 1. c. 24. s. 11.

Penalty on retailer mixing strong beer

after received from the brewer.

Penalty on the brewer auxing after it is car

ried out.

Also no retailer of beer or ale shall, after the receipt thereof from the common brewer, mix any beer, ale or worts of ex. traordinary strength, with any small beer, ale or worts, in any vessels containing three gallons, or more, upon pain to forfeit for every barrel, so mixed, double the duty of excise for strong beer or ale. 22 & 23 Car. 2. c. 5. s. 11.'

And if any common brewer, inn-keeper, or victualler, shall, on carrying out his drink, or after the same is carried out, mix any small beer, or small worts with any strong beer or ale

upon his dray, or in any victualler's cellar, or other place, he shall forfeit 51. and the gagers may taste the drink upon any dray; and also, upon request, enter into the cellars or roons in the possession of any inn-keeper or victualler that shall take drink of any common brewer, and taste the drink, and if such inn-keeper, or victualler, refuse such gagers to enter or taste, he shall forfeit 51. 7 and 8 Will. 3. c. 30. s. 23.

strong beer.

And it is now provided in general by 2 Geo. 3. c. 14, That if Further penal. ty for mixing any brewer, inn-keeper, victualler, or retailer of beer, or ale, shall mix, or cause to be mixed, any strong beer, or ale, or strong worts, with any small beer or small wous, or with water, after the gage shall have been taken by an officer of excise, such person shall forfeit 501. s. 2.

No common brewer, or retailer of beer, or ale, shall use in Penalty on adulterating the brewing thereof, any molasses, coarse sugar, honey, or com- beer. position, or extract of sugar, upon forfeiture of all such liq ors, and also 1007. one moiety to the king, the other to the infor mer, to be recovered in any court of record, within six months, 1 Will. & Mar. sess 1. c. 24. s. 17. 10 Will. 3 c. 21. s. 34. And if any such common brewer, or retailer of beer, or ale, shall take into his custody, any molasses, coarse sugar, honey, or composition, or extract of sugar, exceeding 10lb. such brewer, and retailer, shall forfeit 100%. and every person assisting in the using the same in the brewing of ale, or beer, or in conveying the same into the house, or other place, shall forfeit 201. and in default of payment suffer three months imprisonment. 10 & 11 Will. 3. c. 21. s. 34.

And no common brewer, innkeeper, or victualler, shall use any broom, wormwood, or other bitter, instead of hops, in brewing beer, or ale, for sale in Great Britain, under the penalty of 201. the infusing of broom, or wormwood, by the retailer, after the beer or ale is brewed and tunned, to make broom or wormwood ale, always excepted: to be recovered, and mingated by law of excise, and not by action, and go half to the informer, and half to the crown. 9 Ann. c. 12. s. 24, 26.

Also no common brewer, or retailer of beer, or ale, shall use any sugar, honey, foreign grains, guinea pepper, essentia binæ, (a liquor made from malt and water boiled up, 13 Will. 3. c. 5. 8. 34) coculus indiæ, or any unwholesome ingredients, in the brewing of beer, or ale, or mix any of them therewith, on pain of 201. to be recovered and mitigated as by the laws of excise, half to the crown, and half to him that shall sue. 12 Ann. st. 1. c. 2. s. 32.

be mixed with,

And no person shall mix, compound, fabricate, or manufac- Penalty on ture, or prepare, or cause to be mixed, compounded, fabricated, mixin liquor manufactured, or prepared, from beer grounds, stale beer, su- to imit te,or to gar water, distillers' spent wash, sugar, molasses, vitriol, quassia, or used as beer opium, or any other material whatever, (except malt and made from hops), any liquor to imitate or resemble or to be mixed with, malt and

hops.

or used as beer, or ale, brewed from malt and hops; nor shall sell, dispose of, send, or deliver, or cause to be sold, disposed of, sent, or delivered, to any brewer of, dealer in, seller, or retailer of beer or ale, or to any other person whatever, any liquor so mixed or prepared, on pain to forfeit 2001. for every such offence. 42 Geo. 3. c. 38. s. 20.

And all such liquor so mixed, compounded, fabricated, manufactured or prepared, and also all beer grounds, stale beer, sugar water, distillers' spent wash,sugar, molasses, vitriol, quassia, coculus indiæ, grains of Paradise, Guinea pepper, opium, and every other material or ingredient whatsoever as aforesaid (other than malt and hops) in the custody or possession of such person, together with every copper, cooler, back, tun, vat, or other vessel or utensil whatsoever, in which any such liquor, material or ingredient shall be contained, or which shall have been used in the mixing, preparing or keeping any such liquor, materials or ingredients, shall be forfeited, and may be seized by any officer of excise. 42 Geo. 3. c. 38. s. 20.

Penalty on And no brewer of, dealer in, or seller of beer or ale shall rebrewer receiv- ceive into his custody or possession any stale beer or beer ing any such grounds, or mix with any beer or ale, any liquor comliquor, except pounded, or prepared from beer grounds, stale beer, or any malt and hops, other of the ingredients aforesaid, or in the preparation whereof any of the said ingredients shall be mixed, nor shall receive into his custody or possession any liquor compounded or prepared as aforesaid, on pain of 100%. 42 Geo. 3. c. 38. s. 21.

1001.

Not to extend But no brewer or dealer in, or seller of beer or ale shall be to brewers re- subject to the aforesaid penalty of 100%. for receiving any stale ceiving return- beer returned for being disliked by any person to whom he sold ed beer from such beer, or for taking back any beer grounds in the bottom of any cask returned to him by any person to whom he had sent the same, filled with the beer from whence such grounds were produced. 42 Geo. 3. c. 58. s. 22.

customers.

Nor to any

ing a brewer,

if he can exculpate himself.

Also no dealer in or seller of beer or ale, not being a brewer dealer not be of beer or ale, shall be liable to the said penalty for having or taking into his possession any liquor compounded or prepared from stale beer grounds, stale beer, and any of the ingredients aforesaid, or in the fabrication or preparation whereof any materials or ingredients as aforesaid, other than malt and hops, have been mixed, if at the trial or hearing for recovery of the said penalty, such dealer or seller shall prove to the satisfaction of the court and jury, or of the commissioners of excise, or justices before whom such hearing shall be had, that such liquor was bought and received by such dealer or seller, in the usual course of trade, from some commonly reputed regular brewer of beer or ale, and that such dealer in or seller of beer or ale, had no knowledge of such liquor being compounded or prepared contrary to this act. 42 Geo. 3. c. 38. s. 22.

And every excise officer may, whenever it seems to him ex- Excise officers pedient, take samples of any liquor which he shall suspect to may take sambe liquor so mixed or prepared as aforesaid, such sample not ed liquors; and exceeding three gallons at one time, on paying after the rate of

1s. 6d. by the gallon. 42 Geo. 3. c. 88. s. 23.

ples of suspect

And if any such officer shall have cause to suspect, that any search suspectperson does in any place, mix, compound, fabricate, manufacture, ed plases; or prepare from any such ingredients as aforesaid, any liquor to imitate, resemble, be mixed with, or used as beer or ale, brewed from malt and hops, or to be disposed of to any brewer of, or dealer in beer or ale, or to any other person, or that such liquor so mixed or prepared, has been disposed of, to any brewer or dealer in, seller, or retailer of beer or ale, or to any other person, and that the same is deposited in any place whatsoever; then if such place be within the limits of the chief office of excise in London, upon oath by such officer before the commissioners, or any two or more of them; or if such place be in any other part of Great Britain, upon such oath before a justice for the county, or place, where such suspected place shall be situate, setting forth the ground of his suspicion, it shall be lawful for the said commissioners or two of them, or the justice respectively, by special warrant to empower such officer by day or night, but if in the night then in the presence of a constable or other officer of the peace, to enter into every such place, where he shall so suspect any person to mix or prepare, from the ingredients aforesaid, any liquor to resemble, or be used as beer or ale, brewed from malt and hops, or to be mixed with beer or ale, or sold to any brewer, dealer, seller, or retailer as aforesaid, or to any other person, or where such officer shall suspect any such liquor, so mixed or prepared, or sold or disposed of, is and seize the lodged or deposited, and to seize as forfeited all such liquor liquor, ingredi❤ there found, and every other material or ingredient what. cats, and utensoever as aforesaid (other than malt and hops), and every copper, cooler, back, tuu, vat, and other utensil which he shall there find in which any such liquor, material or ingredient shall be contained, or which shall have been made use of, in the mixing, compounding, fabricating. manufacturing, preparing, or keeping any such liquor. 42 Geo. 3. c. 38. s. 24.

sils.

And the person, in whose custody or possession the same shall Penalty. be found, shall forfeit 1001. lbid.

And if any question shall arise, the proof of such liquor not Proof to lie on being liquor mixed, compounded, fabricated, manufactured or the owner. prepared from other materials or ingredients, than malt and hops, shall lie upon the owner or claimer thereof. 42 Geo. 3. c. 35.

8. 25.

How brewers of

Every common brewer who shall brew table beer, shall brew the same of one entire guile; and not from any party guile; and table beer are all beer or ale above the table beer price per barrel (exclusive of to be charged.

VOL. II

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