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38 G. 3. c. 60. 42 G. 3. c. 116. Form of Conveyances of Lands exchanged.

From the Crown.

Form of

Conveyance from the Party.

for equalizing fuch Exchange, the fame, if it fhall amount to the Sum of Fifty Pounds, fhall be vested in the Three Pounds per Centum Confolidated Bank Annuities, in the Name of the Lord High Treafurer, and the Dividends thereof fhall be applicable as Land Revenue; and if it fhall not amount to the Sum of Fifty Pounds, the fame fhall be appropriated as Land Revenue under the Direction of the Lords Commiffioners of the Treafury; or in cafe of the Money being paid to His Majefty iu Right of His faid Duchy the fame fhall be placed in Three per Centum Confolidated Bank Annuities in the Name of the Duchy of Lancaster, according to the Directions of the said recited Acts of the Thirty-eighth and Forty-fecond Years of His prefent Majesty.

XXX. And be it further enacted, That it fhall be lawful to the Chancellor and Council of the faid Duchy, or to the faid Surveyor General for the Time being, to act for and on Behalf of His Majefty, as well in making as accepting the Conveyances of Parcels of Land fo intended to be exchanged as aforefaid; and the Conveyance of the Land within the ordering and Survey of the Exchequer aforefaid, fo propofed to be given in Exchange by His faid Majefty, may be in the following Form, or as near thereto as may be; (that is to say), THESE are to witnefs, That in confideration of the Conveyance of certain Lands [defcribing them] to His faid Majesty, in Right of His Crown, from C. D. [and alfo in confideration of the Sum of paid by the faid C. D. for Equality of Exchange to the Surveyor General of the Land Revenue of the Crown] the faid Surveyor General for and on Behalf of His Majefty, doth by thefe Prefents grant, bargain,and fell unto the faid C. D. his Heirs and Affigns, All [defcribe the Parcels of Land, &c. fold] To have and to hold the faid [Parcels, &c.] hereby bargained and fold, and all Benefit and Advantage thereto belonging, unto and to the Ufe of the faid C. D. his Heirs and Affigns, for ever. In Witness whereof the fame Surveyor General hath hereunto fet his Hand and Seal, this

'Day of

in the Year of our Lord

Witness to the Execution by the faid Surveyor General

And the Conveyance to His Majefty of fuch Lands as are proposed to be taken in Exchange for fuch Crown Lands, may be in the following Form, or as near thereto as may be (that is to fay),

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Conveyance by the Perfon with whom the Exchange is propofed to be made:

in the

THESE are to witness, That C. D, of County of in confideration of the Conveyance to him the faid C. D. from the Surveyor General of the Land Revenue of the Crown, for and on behalf of His Ma jefty, of a certain Parcel of Land [defcribing it] and alfo of the • Sum of paid to him by the faid Surveyor • General on Behalf of His faid Majefty, for Equality of Exchange [if the Cafe be fo] Doth by thefe Prefents grant, bargain, and fell unto His Majefty, His Heirs and Succeffors, all that Parcel of Land [deferibing it] To have and to hold the fame to His faid Majefty, His Heirs and Succeffors, in Right of His Crown. In Witness

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⚫ whereof

'whereof the faid C. D. hath hereunto fet his Hand and Seal, this in the Year of our Lord

Day of

• Witness to the Execution of the faid C. D.

And fuch inftruments refpectively fhall not be liable to any Stamp
Duty.

"Act may be altered or repealed this Seffion. § 31."

CA P. LXXIV.

An Act for the better Collection of the Duties on Malt made
in Great Britain.
[18th June 1808.]

WHEREAS the Regulations by Law established for fecuring

Maltfter that
annually after
5th July deliver to

Officer an
Account of his

Stock of Barley.

the Duties payable on Malt made in Great Britain have been found infufficient to anfwer the good Purposes thereby intended, and it is therefore become neceffary to make further Regulations for the better Collection of the said Duties;' be it therefore enacted by the King's most 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 all and every Maltfter and Maltfters, or Maker or Makers of Malt in Great Britain, fhall within Ten Days after the Fifth of Day of July in each Year, give or deliver to the proper Officer of Excife under whofe Survey fuch Maltfter or Maltflers, or Maker or Makers of Malt fhall then be, a true and particular Account in Writing of all Barley not at the Time of fuch Delivery made into Malt, or in actual Operation for being made into Malt, which any fuch Maltfter or Maltfters, or Maker or Makers of Malt fhall have in his, her, or their Cuftody or Poffeffion, or which fhall then be in the Cuftody or Poffeffion of any Perfon or Perfons in truft for fuch Maltfter or Maltfters, or Maker or Makers of Malt, or for his, her, or their Ufe; and all and every fuch Maltfter and Maltfters, or Maker or Makers of Malt, fhall in every fuch Account fet forth and defcribe every particular Warehouse, Storehoufe, Loft, Room, Granary, or other Place in which any fuch Barley fhall be lodged, ftored, or depofited, and the Number of Bufhels of fuch Barley contained in each fuch Warehouse, Storehouse, Loft, Room, Granary, or other Place; and fhall, if required by fuch Officer fo to do, fhew to fuch Officer every fuch Warehoufe, Storehouse, Loft, Room, Granary, or other Place, and all fuch Barley as aforefaid therein; and if any Maltfter or Maltfters, Penalty 1001. or Maker or Makers of Malt, shall neglect or refufe to give or deliver fuch Account as aforefaid, or shall give or deliver to any fuch Officer a falfe or untrue Account as or for fuch true and particular Account as aforefaid, or shall neglect or refufe fo to fhew to any fuch Officer as aforefaid any fuch Warehouse, Storehoufe, Loft, Room, Granary, or other Place, or any fuch Barley as aforefaid therein, the Maltfter or Malt fters, or Maker or Makers of Malt, fo offending, fhall for each and every fuch Offence forfeit and lofe the Sum of One hundred Pounds.

II. And be it further enacted, That whenever any Maltfter or Maker of Malt fhall have finifhed or dried off all the Malt which fhall be or shall have been in Operation in any particular Malthoufe of fuch Maltfter or Maker of Malt, such Maltfter or Maker of Malt fhall by the Space of Twenty-four Hours at the leaft before he, she, or they

fhall

Malufter fhalt deliver a like Account before he begins to work;

Penalty sol.

Except Barley not threshed, See § 4.

Barley declared as in Stock fall

be entered in a

Book to be kept by Malifters. Penalty 501.

Entries fhall be

made by Malter

in fuch Book of all Barley received;

fhall begin to wet or fleep any Corn or Grain for the Purpose of making the fame into Malt, give, or deliver to the proper Officer of Excife, under whofe Survey fuch Maltfter or Maker of Malt fhall then be, a true and particular Account in Writing of all the Barley which fuch Maltfter or Maker of Malt fhall at the Time of fuch Delivery have in his, her, or their Cuftody or Poffeffion, or which fhall then be in the Cuftody or Poffeffion of any Perfon or Persons whatsoever, in truft for fuch Maltiter or Maker of Malt, or for his, her, or their Ufe; and every fuch Maltter or Maker of Malt fhall in every fuch Account fet forth and defcribe every particular Warehouse, Storehoufe, Loft, Room, Granary, or other Place in which any fuch Barley fhall be lodged, ftored, or depofited, and the Number of Bufhels of fuch Barley contained in each fuch Warehouse, Storehoufe, Loft, Room, Granary, or other Place; and if any Maltfter or Maker of Malt fhall neglect or refufe to give or deliver fuch Account, or fhall give or deliver to fuch Officer as and for such true and particular Account as laft aforefaid a falfe or untrue Account, every Maltfter or Maker of Malt fo offending thall for each and every fuch Offence forfeit and lofe the Sum of Fifty Pounds: Provided always nevertheless, that nothing in this Act contained fhall extend or be conftrued to extend to any Barley while the fame fhall remain in the Straw unthreshed, provided that the Maltfter or Maker of Malt, who shall be poffeffed thereof, fhall enter in fuch Book as is herein-after mentioned the Grain arifing from the threshing, and which fhall be carried or removed from or out of the Barn or Place in which the fame fhall be threshed or feparated from the Straw (except to the Houfe, Place, or Premifes of fome Perfon to whom the fame fhall be fold or difpofed of) as Barley brought in or received by fuch Maltfter or Maker of Malt.

III. And be it further enacted, That all and every Maltfter or Maker of Malt fhall keep a Book, to be delivered to him, her, or them, by the proper Officer of Excife, which Book fhall be prepared with proper and diftinct Columns for entering Accounts of all the Barley taken or received by or into the Custody or Poffeffion of fuch Malther or Maker of Malt; and all and every such Maltster or Maker of Malt fhall enter or caufe to be entered in fuch Book the total or aggregate Quantity of Barley contained in the particular Accounts directed or required by this Act to be given or delivered to the proper Officer of Excife, on the Day on which any fuch Account fhall be refpectively fo given or delivered to fuch Officer, on pain of forfeiting for every Neglect or Refufal to enter any fuch Account of any fuch Barley as aforefaid, the Sum of Fifty Pounds.

IV. And be it further enacted, That all and every Maltfter or Maker of Malt fhall on the fame Day on which he, the, or they fhall take or receive any Barley into his, her, or their Cuftody or Poffeffion, write and enter, or caufe to be written and entered, in fuch Book as aforefaid, and in the proper Columns prepared for fuch Purpofes refpectively, a true and particular Account of the Number of Bufhels of Barley which he, fhe, or they fhall take or receive into his, her, or their Cuftody or Poffeffion, or which fhall be taken or received into the Cuftody or Poffeffion of any other Perfon or Perfons in truft or for the Use of fuch Maltster or Maker of Malt, and shall also write and enter, or cause to be written and entered as aforefaid, the Christian and Surnames, and Place of Abode of the Perfon or Perfons

of

any

fold or removed.

&c.

of whom fuch Barley was purchased, or from whom fuch Barley was received; and fhall alfo write and enter, or caufe to be written and en- and of all Barley tered as aforefaid, an Account of the Quantity of Barley in Bufhels steeped, which fhall at any Time be wetted or put into Steep for the Purpose of making the fame into Malt, and shall alfo write and enter, or caufe to be written and entered as aforefaid, against and oppofite to every fuch Quantity fo wetted or put into Steep, the particular Day and Hour of the Day on and at which fuch Barley was fo wetted or put into Steep; and all and every Maltfter or Maker of Malt who may have and of all Barley Occasion or be defirous to fell, remove, or otherwife difpofe of Barley, or Skreenings of Barley, not to be by himfelf, herfelf, or themfelves made into Malt, fhall, and he, fhe, or they is and are hereby directed and required to write, and on the fame Day in which the fame fhall be fold, confumed, fent out, delivered or otherwife difpofed of, enter, or cause to be written and entered as aforefaid, a true and particular Account of the Number of Bufhels of all Barley, or Skreenings of Barley, fold, confumed, fent out, delivered, or otherwife difpofed of by him, her, or them, in any Quantity exceeding One Bufhel, and the Name and Place of Refidence of the Perfon or Perfons to whom any fuch Barley or Skreenings of Barley, was fold, fent, or delivered; and shall every Day write and enter, or cause to be written and entered, as aforefaid, an Account of the grofs Quantity of Barley which fhall be fo fold, fent out, delivered, or difpofed of in the preceding Day, in Quantities not exceeding One Bufhel, not for the Purpofe of being by himfelf, herfelf, or themfelves, made into Malt; and if any Maltiter or Maker of Malt fhall neglect or refufe to make, or caufe to be made, any fuch Entry or Entries as aforefaid, all and every fuch Maltfter and Maker of Malt fo offending fhall for each and every fuch Offence forfeit and lofe the Sum of One hundred Pounds: Provided always nevertheless, that no Maltfter or Maker of Malt fhall be fubject or liable to the faid laft-mentioned Penalty for or by reafon of his, her, or their not writing or entering the Chriftian or Surname, or Place of Abode of the Perfon or Perfons from whom any Barley was purchased in the Straw unthrefhed, or from whom any fuch Barley in the Straw unthrefhed was received.

V. And be it further enacted, That all and every fuch Book or Books fhall at all Times be produced to and left open to the free Infpection of the proper Officer or Officers of Excife, who fhall be permitted to examine and caft up, and make Copies or Extracts from the Entries contained therein, and to infert the Time of fuch Infpection or Examination, and fign his or their Name or Names thereto.

VI. And be it further enacted, That if any Maltter or Maker of Malt fhall lodge, ftore, or depofit any Barley or Malt in different Warehoufes, Storehoufes, Lofts, Rooms, Granaries, or other Places, and which shall not be under the fame Roof, or fhall be feparated from each other by the Intervention of any Land, Premifes, Buildings, or otherwife howfoever, the Stocks of fuch Barley or Malt fhall or may, if the Supervifor under whofe Survey fuch Stock or Stocks fhall be, fhall deem it expedient, be dcemed and taken to be feparated and diftinct Stocks; and the fame fhall and may be furveyed and kept Account of by the Officer or Officers of Excife according ly, in the fame Manner as if the fame belonged to different Perfons.

Penalty for neglect 1001.

Exception as to untethed

Bailey.

Officers may

inipeet Books.

Barley or Male. lodged in

different Premifes inay

be kept by Officers as diftinct Stocks.

VII. And be it further enacted, That all and every Maltfter or Barley shall be Maker of Malt fhall, when and fo often as he, she, or they fhall be laid even, to thereunto enable Officer

to gauge the fame.

Excefs (above five per Cent.) on cafting up and balancing Stock shall be

confidered as not

entered.

Penalty for

not laying Barley

even, 1001.

Deficiency of Barley upon balancing Stock,

fhall be charged

with Duty, as Alpit.

is taken.

thereunto required by any Officer or Officers of Excife, caft or place, or cause to be caft or placed, all the Barley in his, her, or their Cuftody or Poffeffion, not in an actual State of Operation for being made into Malt, in or into fuch regular Form as may enable the Officer or Of ficers of Excife conveniently to gauge and afcertain the true Quantity thereof; and if the Quantity of Barley not in actual Operation for making into Malt fhall be found to exceed the Quantity which any fuch Maltfter or Maker of Malt ought to have in his, her, or their Cuftody or Poffeffion, according to the true Balance or Refult drawn from cafting up and adjusting fuch Book as aforefaid, and the Entries therein, in the Proportion of One Bufhel in every Twenty Bufhels of Barley, then and in every fuch Cafe every fuch Maltfter or Maker of Malt fhall be deemed and adjudged to have received Barley into his Cuftody or Poffeffion, and to have neglected or refufed to make, or cause to be made, fuch Entry in the faid Book, as is by this Act in, that Behalf directed and required: And if any Maltfter or Maker of Malt, having been thereunto required as afore faid, fhall neglect or refufe to caft or place, or caufe to be caft or placed, all or any fuch Barley as aforefaid in his, her, or their Cuftody or Poffeffion, in or into fuch regular Form as aforefaid, the Maltfter or Maker of Malt fo offending fhall for each and every such Offence forfeit and lose the Sum of One hundred Pounds.

VIII. And be it further enacted, That if any Officer or Officers of Excife, upon gauging and taking fuch Account as aforefaid of the Quantity of Barley not in actual Operation for making into Malt, in the Cuftody or Poffeffion of any Maltfter or Maker of Malt, fhall find the Quantity fhort of or lefs than the Quantity which any fuch Maltfter or Maker of Malt ought to have in his, her, or their Custody or Poffeffion, according to the true Balance or Refult drawn from cafting up and adjusting fuch Book as aforefaid, and the Entries therein, in proportion of One Bushel in every Twenty Bufhels of Barley of the Quantity of Barley received, then and in every fuch Cafe the Maltfter or Maker of Malt fhall be deemed and adjudged to have wetted and fteeped Barley for the Purpose of making the fame into Malt, and neglected or refufed to make, or to caufe to be made, fuch Entry in fuch Books, as is by this A&t in that Behalf required; and every fuch Malfter or Maker of Malt fhall in every fuch Cafe, over and above the Penalty by this Act impofed for the Neglect or Refufal to make, or caufe to be made, fuch Entry as aforefaid, be charged with and be liable to pay the Duty chargeable for every Bufhel of Barley fo found deficient as aforefaid; and fuch Duty fhall and may be fued for, levied, and recovered by fuch and the like Ways, Means, and Methods, and under fuch and the like Penalties as the Duty on Malt is or may be fued for, levied, and recovered by any Law or Laws in force relating to the Duties of Excife.

Book fhall be IX. And be it further enacted, That every Maltfter or Maker of filled up before Malt fhall, before the Officers taking any fuch Account of Barley as Officer's Account aforefaid, be required by the proper Officer of Excife, and be permitted to make due Entries in fuch Book as aforefaid, of all Barley, or Skreenings of Barley, which he, fhe, or they may have received into his, her, or their Cuftody or Poffeffion, or have wetted or put into Steep, or have otherwife difpofed of in the Courfe of the Day in which fuch Account is propofed or intended to be taken, or of the Day preceding; and if any Difpute fhall arife between any fuch Malt

fter

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