V. (10.) Malt.

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[2 & 3 Ed. 6. c. 10. § 2-5. - 12 An. st. 1. c. 2. § 4. 6. 7. 9. 15.
17.30. 36-38.-1 G. 1. st. 2. c. 2. § 4. 6 G. 1. c. 21. § 4.
9 G. 1. c. 3. § 35. 37. 12 G. 1. c. 4. § 48-51. 53-58.-c. 28.
§ 30.
2. c. 16. § 3. 13.—2 G. 2. c. 1. § 11.
3 G. 2. c. 7. § 16. 18. 24 G. 2. c. 40. § 29.- 33 G. 2. c. 7.
-3 G. 3. c. 13. § 1. —

1 G. 2. st.

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24 G. 3. sess. 2. c. 41. § 1. 6. 7.

8.

28 G. 3.

$14. 1 G. 3. c. 3. §9. 11. 15. 16. 18.
23 G. 3. c. 64.
c. 37. § 21.- 33
29. 31-34. 36.
c. 16. § 4. 7.
48 G. 3. C. 36.
-53 G. 3. c. 9.

G. 3. c.7. § 55. 56. 58. 64. -- 42 G.3. c. 38. § 28.

c. 74. 50 G. 3.
53 G. 3. c. 103.

c. 53.]

By the 12 An. st. 1. c. 2. § 26. no malt shall be imported, on pain of forfeiting the same, and the value thereof.

No malt to be imported. Duties.

By the 59 G. 3. c. 53. additional duties are likewise imposed. By stat. 24 G. 3. sess. 2. c. 41. § 1. 6. 7. and by 43 G. 3. c. 69. License. every maltster or maker of malt for sale shall take out a license from the office of excise annually, and pay for the same 5s., if the quantity of malt made by him within the year ending 5th July in each year previous to taking out the license shall not exceed 50 quarters, and by stat. 55 G. 3. c. 30. the sum of 2s. 6d. is added to the former duty.

And by 43 G. 3. c. 69. and 55 G. 3. c. 30. every person who 43 G. 3. c. 69. shall first become a maltster or maker of malt shall pay for every 55 G. 3. c. 30. such license 7s. 6d., and within 10 days after the 5th of July next after taking out such license, such further additional sum as, with the said 7s. 6d. shall amount to the duty herein charged, according

to the quantity of malt made by him within the preceding year. (a)

By 24 G. 3. sess. 2. c. 41. § 7. if any maltster or maker of malt 24 G. 3. sess. 2, for sale shall neglect to take out such license and renew the same c. 41. annually, ten days at least before the end of the year, he shall forfeit 101.

(a) N. B. The duties by 43 G. 3. c. 69. are granted without limitation of time. Those by 55 G. 3. c. 30. were limited to 5th April 1819, but are continued by 59 G. 3. c. 32. until 5th July 1822.

4 G. 3. c. 37.

ro Ann. c. 19.

24 G. 2. c. 40.

501. for each piece to him who shall sue, and lose his office, and be incapacitated to hold any other office of trust under the crown.

§ 22. If any person shall offer to the officer any bribe to fix the mark to any pieces not so made, he shall forfeit 501.; and if he shall by bribery or otherwise prevail upon the officer to commit such offence, he shall forfeit 1007. and stand in the pillory (a) two hours.

§ 23. And the officer shall yearly, in the month of June, transmit to the commissioners an account of all goods he shall have stamped, and a copy of the entries made, on pain of dismission; and he, or his executors, shall deliver up the seals, on demand from the commissioners, on pain of 2007.

§ 24. Cambricks and lawns made in England found unstamped shall be forfeited, and may be seized by any officer of the customs or excise; and after condemnation shall be sold: And every person who shall sell or expose to sale, or have in his custody for that purpose, any cambricks or lawns made in England, unmarked, shall forfeit 2001.

§ 25. But the said goods so seized, condemned, and sold, shall not be worn in this kingdom, but exported, and not be sold but upon condition of exportation; and shall not be delivered out of the warehouse until bond be given, to the satisfaction of the collector, in double penalty of the goods, that the same shall be exported, and not relanded.

§ 26. To counterfeit the seal appointed by this act; or import any foreign cambricks or lawns having such counterfeit mark thereon; or expose the same to sale knowing the stamp thereon to be counterfeited, is felony without benefit of clergy.

§ 28. All goods condemned in pursuance of this act, and all pe cuniary forfeitures, (not herein otherwise directed,) shall be sued for and recovered in any of his majesty's courts of record at Westminster, in the name of the attorney general or of such officer as aforesaid; and be applied (after all charges deducted) half to the use of the king, and half to the officer or other person who, pursuant to the directions of this act, shall seize, inform, or sue.

§ 31. And if any question shall arise, where the goods were manufactured, the proof shall lie on the owner or claimer, and not on the officer.

By 10 An. c. 19. § 92. 24 G. 2. c. 40. § 29. and 25 G. 3. c. 72. § 33, 34. the penalties (except as is above mentioned in re 25 G. 3. c. 72. lation to calicoes) may be sued for, levied, and mitigated as by the laws of excise (b), or in the courts at Westminster; and shall be employed half to the king, and half to him that shall discover, inform, or sue.

Power of the

justices.

10 Ann. c. 19.

25 G. 3. c. 72.

And by 10 An. c. 19. § 83. 25 G. 3. c. 72. § 15. and 28 G. 3. c. 37. § 21. all the utensils and instruments for printing, painting, 28 G. 3. c. 37. staining, or dying such goods, in custody of any the said persons, or any other to his use, shall be liable to all arrears of the duty, and to all penalties concerning the same, in like manner as if such person were the lawful owner.

Utensils liable.

(a) See ante, p. 162. note (a).
(b) For which see ante, Sect. III

53 G. 3. c. 103. Transfer or removal of licence.

Officers for these duties.

12 An. st. 1. c. 2.

to be entered.

§ 8. But persons in partnership need only take out one license for one house.

By 53 G. 3. c. 103. upon the death of any person licensed, or upon the removal of any person from the house or premises in which his license shall authorize him to make or manufacture, deal in, vend, or sell, any exciscable commodity, any one of the commissioners of excise, or the proper collector and supervisor, may authorize the executors, administrators, or the wife or child of the deceased person, or the assignee or assigns of the person removing, to carry on the trade in the same house or premises during the residue of the term for which such license was granted.

The said duties shall be under the management of the commissioners and officers of excise. 43 G. 3. c. 69. § 3.-c. 81. § 2. 59 G. 3. c. 53. § 4.

12 Ann. st. 1. c. 2. § 36.

No person making malt (other than Places of making compounders) shall set up, alter, or use any cistern, uting fat, utensil, or other vessel, for the wetting or steeping barley or other corn, or any kiln, floor, room, or other place for making or keeping of malt, without first giving notice in writing at the next office of excise; or shall keep or use any private cistern or other vessel for the wetting his barley or corn, other than such as are known and made use of in his common malting-house; on pain of 501.

Notice to be given of beginning to wet.

And in order that it may be ascertained when such corn is begun to be wetted or steeped, and to prevent frauds in mixing corn with corn steeping, by stat. 3 G. 3. c. 13. § 1. every maltster, within a city or its suburbs or market town, shall give 24 hours' (elsewhere 48 hours') notice in writing to the officer of the hour or time of the day when he intends to wet corn or grain to be made into malt and if he shall not begin and immediately after proceed to cover the whole thereof with water at the time mentioned in the notice, or within three hours after, the notice shall be void; and he shall be obliged to give a fresh notice before he shall begin. And if he shall not give such notice, or having given notice which shall become void, shall not give a fresh notice; or having begun to wet such corn, shall not immediately proceed to cover the whole with water, and continue the same covered for 40 hours [but see continue covered 42 G. 3. c. 38. § 32, post]; or after the officer hath taken account of the corn steeping, shall add any fresh corn or grain; he shall, for every such offence respectively, forfeit 1007. See also 48 G. 3. c. 74. §2. (post.)

The corn to

with water for 40 hours.

42 G. 3. c. 38.

Hours when to begin to wet,

Penalty 100l.

Allowance on wetting.

12 An. st. 1. c. 2.

By 42 G. 3, c. 38. § 28. no maltster shall begin to wet or steep any corn or grain to be made into malt at any other time than between 8 in the morning and 2 in the afternoon, nor shall he empty any corn or grain out of the cistern, uting vat, or other vessel or utensil used for such wetting or steeping, at any other time than between 7 in the morning and 4 in the afternoon, on pain of 1007, · for each offence.

§ 29. And out of every twenty bushels of malt, gauged and charged upon the floor, after the same shall have been taken out of the cistern, &c. by the space of 26 hours or more, and before it shall be dried upon the kiln, shall be allowed 10 bushels, and so in proportion for any greater or less quantity.

By 12 An. st. 1. c. 2. § 7, every round bushel with a plain bottom,

18 inches wide throughout, and 8 inches deep, shall be deemed What shall be a legal Winchester bushel.

deemed a bushel.

But by 33 G. 2. c. 7. § 70. if any maltster shall not wet or steep 33 G. 2. c. 7. his barley or other corn, in the cistern, uting vat, or other vessel, so as the same be covered with water, and continue so covered for 40 hours before he take or drain the water from it, he shall not be entitled to the said allowance. (See post 42 G. 3. c. 38. § 32.) By 48 G. 3. c. 74. § 13. no maltster or maker shall wet, water, Grain making or sprinkle, or suffer, &c. any corn or grain making into malt in any state or stage of operation after the same shall have been emptied out of the cistern, &c. used for steeping, until the full end and expiration of 12 days or 288 hours, on pain of 2001.

By 42 G. 3. c. 38. § 31. if any maltster or maker of malt shall wet, water, sprinkle, or damp, or permit or cause to be wetted, &c. any malt after the same shall have been taken off the kiln, and before it shall be delivered into the custody of the brewer or other person who may have purchased or agreed for the same, except in the ordinary process of brewing beer from such malt; he shall forfeit for every such offence 100ž.

into malt not to be watered until 12 days afterwards.

Penalty zool.

42 G. 3. c. 38. Penalty on maltster wetting malt after taken from

the kiln, i col.

workmen wetting corn contrary hereto.

And by 48 G. 3. c. 74. § 14. if any workman, servant, la- 48 G. 3. c. 74, bourer, or other person employed by or in the service of any Penalty on maltster, &c. shall wet, water, or sprinkle any corn or grain making into malt in any state or stage of operation whatever, after the same shall have been emptied, thrown, or taken from or out of the cistern, uting fat, or other vessel or utensil used for steeping such corn or grain, until the full end and expiration of twelve days or two hundred and eighty-eight hours after the same shall have been emptied, thrown, or taken from or out of any such cistern, &c. used for steeping, &c. as aforesaid, every such workman, &c. so offending shall be apprehended by any officer of excise, and taken before any one justice of the peace for the county, riding, division, city, or liberty respectively, wherein such workmen, &c. shall be found; and any such justice on the party's confession or on proof by one witness may convict in the penalty of fifty pounds every such workman, &c. so proved to have been guilty of any such offence; and every such workman, &c. shall immediately on such conviction pay down into the hands of such officer the said penalty in which he shall be so convicted, to be applied in manner hereinafter directed; and if any such workman, &c. shall not forthwith pay down the said penalty, the said justice shall, by warrant under his hand and seal, commit him to the house of correction for the said county, &c., there to be kept to hard labour not exceeding twelve months, to be reckoned from the day of such conviction; and he shall not be discharged until he shall have paid the said penalty, or until the expiration of the time for which such commitment was

made.

But by 42 G. 3. c. 38. § 32. it shall be lawful for any maltster or maker of malt to drain the water from any corn or grain, whilst steeping in any cistern or other vessel, before the expiration of forty hours from the time such corn or grain was first wetted and completely covered with water: Provided, that no such water shall be so drained within such time unless the maltster or maker so draining the same shall in their last preceding entry or notice in writing for the making of malt, at the next office of excise, have stated his intention so to drain off such water, with the exact hour and time, bes

42 G. 3. c. 38. Maltster may drain water from grain steeping before 40 hours

after first welted, Provided, &c,