Page images

i •..". the excise duties') brewed from any party guile, shall be charged

as strong beer. 11 Geo. 3. c. 68. f. 3. Ifdfice >o be And such brewer, whose brewhouse is in any city or the sub

yiveu firevioai urDg thereof, or in any market town, shall, four hours before wing. ^^ be-in to brew, give to the officer notice in writing, of the hour when he intends to begin brewing ; and elsewhere twelre hours notice; and if he shall not begin at the hour mentioned, or within two hours after, such notice shall be void, and he shall giro a fresh notice; and if such brewer neglect so to do, or having given such notice, and begun to brew, shall neglect to proceed therein, until the whole guile is finished, he shall forfeit 50/. 11 Geo. 3. c. 68. t. 4. No private And no common brewer shall have any pipe or other con

pipe*, veyance out of any copper in his brewhouse, except the regular

discharge pipes leading directly to his mash-tun, hop-back,back, or coolers, nor shall have any fixed or other pipe or conveyance, leading from any under back, hop-back, back, or cooler, except such as, without any private stop-cork therein, shall have a direct communication with the entered coppers, backs, coolers, or working or fermenting tuns only, on pain of forfeit, ing for every such fixed or other pipe or conveyance, 200/. 42 Geo. 3. c. 38. .v. 15. To brew table Also, such brewer shall nyx the several worts of each entire beer from one guile of such table beer, so that tMe whole,whether it be in one or *ul e' more vessels,shall be of the same quality and strength ; and then,

and not sooner, shall declare (on demand made by the gager) the quantity and quality of the table beer made in that guile, before any part is removed out of his vessels; and if such brewer shall not so mix the worts, or if he or his servant, shall refuse to make such declaration, the officer shall charge the whole to be strong beer, for which the brewer shall pay duties, and also forfeit for every barrel 10s. 11 Geo. 3. c. 68. *.5. Penally on And i f such brewer, or his servant, after declaration, shall

mixing guiles, make any increase of the table beer by any xcays whatever, or shall mix one guile with another, or with small beer, or return, cd drink, or with water, or by any other ways whatsoever; or if such officer shall discover any of the table beer or worts of the same guile laid off, over the quantity declared, the brewerj shall forfeit, for every barrel increased, or mixed, laid off or found, over the quantity declared, bl. and the servant, concerned therein, shall forfeit for every barrel 10s.; and in default o payment, suffer three months imprisonment; unless it appea that such increase was made by adding table beer of a forme guile, and that such increase was made in the sight of the gager Penalty o» j.2 Geo. 3. c. 68. *. 6.

mixing table If any brewer, innkeeper, publican, or other retailer of sueh mtmci. table beer shall mix, or cause to be mixed, in any vessel o

nearore, or otherwise howsoever, any such table beer with any strung beer or ale, or strong worts, or with small beer, or small •worts, or with water, after the gage taken, he shall forfeit 50/. 22 Geo. 3. c. 68. s. 6.

And it is further provided by 42 Geo. 3. c. 38, That if any common brewer shall mix, or cause or suffer to be m'.xcd, any •strong beer or strong worts with any table beer or table beer work, or with water, in any guile tun, working tun, or fermenting tun, after declaration of the quantity of such guile of beer, of which the same was a part, shall hare been made ; or if *ny common brewer shall at any time mix, or cause or suller to be mixed, any strong beer or strong worts, with any table beer or table beer worts, or with water, in any vessel or utensil what* soever, not beinga known and entered guile tun, working tun, or fermenting tun, he shall, for each offence, forfeit 200/. i. 12.

When such table beer shall he cleansed into any cask, the Cmvi containbrewer, or his servant, shall mark cad cask on the most con- '"g <»ble h<>er spicaoni part, with the letter T, of the length of four inches atto be m»lk«d« least, to denote that the beer therein is such table beer, and if be neglect or refuse so to mark the same, the officer who shall find such beer in any cask, in the possession of such brewer, without such mark, shall charge the same as strong beer, and the brewer shall pay duties* accordingly. 22 Geo. 3. c. 68. t.7.

And it is moreover enacted by 42 Geo. 3. c. 38, That if such common brewer shall so neglect, or refuse to mark any cask, or it he shall not continue such mark, or cause the same to remain, fisible on each cask containing such table beer, during the whole time the same shall be in his custody, and until the same 'hail be delivered into the custody of the person to whom the «me shall be sold, such common brewer shall forfeit 50/. for "cry cask on which such mark shall not be put and continued. 1.9.

And such casks shall be kept separate from all other casks p„ate. of other beer or ale, on pain of 20/ 22 Geo. 3. c,68. ».8.

And every common brewer shall, as soon' as any such table hTr shall be put into, casks, cause the same to be removed into, »'»t kept separate and in a separate warehouse, or place, from all other beer whatosever, on pain to forfeit, for each cask not so removed, or kept, 50/. 42 Geo. 3. c. 38. ». 10.

But no table beer shall be put into or tunned, cleansed, kept or stored in any vessel, exceeding the size of a butt or pipe of three barrels, on pain of forfeiting 100/.: but nothing herein, shall prevent any common brewer, upon giving twenty.four hours' notice in writing to the officer, from putting into any •

"ssel of a larger size, a sufficient quantity of table bear, not exceeding (wo barrels for every 100 barrels of the full content o>" such vessel, to preserve such vessel, in a pioper state for stor* lag strong bear ; and provided Do strong beer shall be put into

any such ktrge vessel, until all such table beer shall lave beem

drawn out of the same, in the presence of, or to the satisfaction

of the officer. 42 Geo. 3. c. 38. #.11.

Persons to No brewer, who shall brew such table beer, shall knowingly

whom table sell or deliver any of the said beer, either by the barrel or other.

beer is not to wjge; to any other brewer, or to any brewing victualler, or ei

be told. porter of beer, or to any person for their use, on pain of 20/.

22 Geo. 3. c. 68. s. 9.

And no entered dealer in beer, being an exporter, shall hare, lay or keep any table beer, in any cellar, vault, or other place entered for keeping strong beer, on pain to forfeit 50/. 42 Geo. 3. c. 38. *. 19. Prices of table And if any common brewer shall sell, or cause or permit beer. -to be sold, any beer brewed as table beer, at any higher price

than 16*.* the barrel (exclusive of the duties), under any pre* tence whatsoever, such common brewer shall, for every offence) forfeit 100/. 42 Geo. 3. c. 38. ». 13.

And upon complaint made before the'eommissioners of excise, or justices of the peace, by any common brewer, on account of any overcharge made by any officer, in respect of any table beer charged by such officer as strong beer, it shall not be lawful for the said commissioners, or justices, to discharge suck brewer, unless proof shall be made on the oath of one witness, that the whole of the table beer brewed in the guile, or at least the greater part, was actually sold at a price, not exceed. ing 16;. the barrel exclusive of the duty, nor unless the names and residences of the persons to whom the same was really sold, and the days when the same was delivered, be given on the oath of such witness. 42 Geo. 3. e. 38. s. 14.

And no person, not being a common brewer, shall be allow. ed to retail beer, at any greater price than l{d the quart, with. out first obtaining a licence as a. common alehouse keeper, on pain to forfeit 50/. over and above the penalty for selling beer or ale without licence. 42 Geo. 3. c. 38. *. 18. Eealniiu table And all dealers in, and sellers of table beer, who shall sell, debeer, t» inter liver, or dispose of any such beer, exceeding the quantity of their store- one gallon at one time, shall make entry in writing at the Oks. officeofexciseofallstorehouses, rooms, cellars, or other places,

for storing, laying, keeping, or selling such beer, and shall be subject to the survey of the officer, and to all the provisions of excise, to which victualltrs or retailers of beer or ale, are now subject; and if any perron shall presume to deal in, or sell any i.ible beer, exceeding the quantity of one gallon, without making such eutry, he shall forfeit 50/. 42 Geo. 3. c. 38. s. 17.

[ocr errors]

All common brewers,of beer and ale, shall once in every week, Entry an<l 3nd ail inn-keepers, and retailers of beer and ale, brewing or P*y.n,ent °» retailing the same, shall, once in every month, make entries at the office of excise, within the limits of which the said liquors are made, of all snch liquors, which they shall brew, make, or retail, in that week and month respectively. 12 Car. 2. c. 23. *. 3. It Car. 2. c. 24. *. 29.

And all such common brewers, who do not, once a week, make due entries shall forfeit 10/. and every inn-keeper, who doth not make true entries once a month shall forfeit 6/. and every ale-house keeper, victualler, or other retailer, who doth Dot once a month make due entries shall forfeit 20*. 12 Car. C.c 24. t. 30.

And every common brewer, who shall not pay off within a week after his entry, shall pay double the duty*; and every inn-keeper, or other retailer, who shall not clear off within a month after hk entry, shall pay double the duty. 12 Car. 2. c. 2J. *. 5. 12 Car. 2. c. 24. s. 31.

Provided that no such person be compelled to travel, if he live in a market town, out of the said town ; and if he lire oat of a, then to no other ]i4ace than to the next mar. . ket town on the market day. 12 Car. 2. c. 23.«. 6. 12 Car. 2. c. 24. t. 32.

But no common brewer shall be sued for arty mis.eotry, or short entry, if he shall within one week after the delivery of the copy of the return made by the gager, rectify his entry according to the return, or otherwise discharge himself. 15 Car. 2. •.ll.s. 6.

But no brewer shall have any benefit of this clause, on any Compounding. information for non-entry, wilful or false entry, or .non-payment, if it shall appear that such brewer did not shew to the eager, all the beer ale and worts of each guile, for such time, tor n hick such copy of the return was given; or if any apparent fraud was acted to defraud their majesties. 1 Will, and Mar. Sen. 1. c. 24. r. 10.

And it'any common brewer shall make a false entry, and be convicted thereof, he shall over and above other penalties, forfeit his allowance for waste, for six mouths then next ensuing, 12 Cur. 2. c. 24. *. 37.

The commissioners may compound for the duty with any innkeeper or retailer in such manner as may be most for the advantage of the receipts K 12 Cur.'i.. c. 23, s. 14. 12 Car. t. c. 24. s. 40.

But na person who shall so compound, shall during such .^—.— *•

* For the form of the information and proceedings in order to recover the double duties, see the precedents at the end of this title.

+ Although iliis power to cwnp-jund appears to be »;ill remaining in tb.9 conimistionors., Jtfcas fallen into total disuse.

composition, permit any beer or ale to be brewed, within hii brewhouse, for any other common brewer, without first giving notice unto the commissioners or sub-commissionen, and paying the excise; upon pain, that as well the brewer who shall brew the same, as the brewer for whom the said beer or ale shall be brewed, shall forfeit for every barrel bl. 15 Car. 2. c. 11. 1.14. Exception of And if any person shall brew and sell by retail, any small iofriri quantities of beer or ale, in any fair, who is not otherwise any

common brewer or retailer, and shall before such selling satisfy the duty, such person for so much shall be discharged from all penalties before mentioned. 12 Car. 2. c. 23. f. 13. 12 Car. 2. c. 24. s. 39. Utensils and All the brewing vessels, and utensils, into whose hands soever beer liable to (ne game snaii come, shall be charged with all the duties of exam? penalties** c'se ow'ng ty any person for beer or ale made within the said fp * lJ" brew-house, and shall also be subject to all penalties incurred by such person using the brew-house, for any offence against the laws of excise ; as if the debtor or offender had been really the owner of the same. 15 Car. 1. c. 11. s. 13. [And the beer and ale, and all materials and preparation? in the custody of the brewer, or any person in trust for him, are also liable to the arrear of duties and penalties by 28 Geo. 3. c. 37.]. Time of carry, fjo common brewer shall sell or carry out any beer or ale wg out beer. ^0 njs customers, in any city or market-town, before notice given to an officer of excise, but between the hours hereafter mentioned, viz. from 25th of March to 29th Sept. between threo in the morning and nine in the evening ; and from 29th Sept. to 25th March, between five in the morning and seven in the evening; upon pain to forfeit 20j.for every barrel. 15 (Jar.'i. c. 11. ill. Common brew- And by 32 Gco.-3. c. 8, No common brewer shall sell beer, ers net to sell Bje, or worts, in any less quantity than in a whole cask, con. less than4J taining four gallons and an half, on pain of 50/. florde'liTer And if any common brewer shall deliver to any distiller or

materials to yincgar maker, any wash, tilts, ale, beer, or vjnegar beer, ditillen.occ without first giving notice to the gagcr, what quantity he in.

ri,fc°U,«inoticc *ends to Oliver, and when, and to whom, he shall forfeit for to ue officer. ewy barre, 2Qi 8Sl9 H iUi 3. c 1S. f. Q.

Limitation of JVo information shall be brought against any common brew.

suns. er or alehouse-keeper, for any mis-en(ry or ollence, but within

three months after the ollence ; and notice thereof shall be given to such person in writing, or left at his dwelling-house, within one week alter the laying the information.. J Wffl. fy Mar. sess. 1. c. 24. *. Ifi.

« PreviousContinue »