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Penalty 2001. The different Quantities of Malt received and used by such Brewers

to be entered in a Book kept by

them.

Neglect of
Entry, &c.

Penalty 1001.
Books to be

Malt, ground or unground, being lodged, put or placed by him, her or them in one or more of such Rooms, Storehouses or Places entered for that Purpose as aforesaid, and entered in such Book as hereinafter mentioned, or shall use or employ any Malt, ground or unground, in or for such brewing as aforesaid, without taking the same from one or more of such entered Rooms, Storehouses or other Places as aforesaid, and making Entry thereof in such Book as is hereinafter mentioned, every such Person or Persons so offending as aforesaid shall forfeit and lose for every such Offence the Sum of Two hundred Pounds.

XIV. And be it further enacted, That every Brewer and Brewers of Beer or Ale under the Provisions of this Act shall keep a Book to be delivered to him by the proper Officer of Excise for that Purpose; which Book shall be prepared with proper and distinct Columns for entering Accounts of all the Malt which shall be taken or received by or into the Custody or Possession of any such Brewer or Brewers, to be used, and which shall be used by him, her or them in the brewing of such Beer or Ale as aforesaid; and every such Brewer and Brewers shall, under the Date and on the same Day on which he, she or they shall take or receive any Malt, ground or unground, into his, her or their Custody or Possession for brewing, write and enter, or cause to be written and entered in such Book as aforesaid, and in the proper Columns prepared for such Purposes respectively, a true and particular Account of the Number of Bushels of Malt, distinguishing the same whether ground or unground, which he, she or they shall take or receive into his, her or their Custody or Possession for brewing as aforesaid; and shall also write and enter, or cause to be written and entered as aforesaid, the Christian and Surnames, and Place or Places of Abode of the Person or Persons of whom such Malt was purchased, or from whom such Malt was received; and shall also write and enter, or cause to be written and entered as aforesaid, an Account of the Quantity of such Malt in Bushels, and distinguishing whether ground or unground, which shall from time to time be used at such Brewery in the brewing or making of such Beer or Ale, and make every such last mentioned Entry in such Book under the Date and on the same Day in which such Malt was so used; and if any such Brewer or Brewers shall neglect or refuse to make or cause to be made any such Entry or Entries as aforesaid, or shall cancel, obliterate or alter, or cause or suffer to be cancelled, obliterated or altered, any such Entry or Entries, or shall make any untrue Entry or Entries therein, or shall at any Time withhold, conceal or make away with any such Book or any Part thereof, every such Brewer or Brewers so offending shall for each and every such Offence forfeit and lose the Sum of One hundred Pounds.

XV. And be it further enacted, That all and every such Book open to Inspec- or Books shall at all Times be produced to and left open to the free tion of Officers. I nspection of the proper Officer or Officers of Excise, who shall

be permitted to examine and cast up and make Copies or Extracts from the Entries contained therein, and to insert therein the Time of such Inspection or Examination, and sign his or their Names thereto, and to take away any such Book and deliver any such Trader a new Book of a similar Kind at his free Will

and

and Pleasure; and if any Person or Persons shall by any Act, Obstructing Matter or Thing, or by any Art or Contrivance, obstruct or hinder, Officers, or cause, or permit or suffer to be obstructed or hindered, any Officer of Excise therein, or in the Performance and Execution of any of the Powers and Authorities by this Act given, or of his Duty in respect thereof, every Person and Persons so offending shall for every such Offence forfeit and lose the Sum of Two hundred Pounds.

XVI. And be it further enacted, That all and every such Brewer or Brewers shall, when and so often as he, she or they shall be thereto required by any Officer or Officers of Excise, cast or place, or cause to be cast or placed, all the Malt in his, her or their Custody or Possession, in or into such regular Form as may enable the Officer or Officers of Excise conveniently to gauge and ascertain the true Quantity thereof; and if upon such Admeasurement thereof the Quantity of Malt then in Stock shall be found to disagree with the Quantity which such Brewer or Brewers ought to have in his, her or their Custody or Possession, according to the true Balance or Result drawn from casting up and adjusting such Book or Books as aforesaid and the Entries therein, and allowing for so much as shall in and by the aforesaid · Book or Books and the Entries therein appear to have been used for the Purpose of brewing such Beer as aforesaid, then and in every such Case every such Brewer and Brewers as aforesaid, the Quantity of whose Malt then in Stock shall be found so to disagree as aforesaid, or who, upon being thereunto required as aforesaid, shall neglect or refuse to cast or place, or cause to be cast or placed, all or any such Malt as aforesaid in his, her or their Custody or Possession, in or into such regular Form as aforesaid, shall for every such Offence respectively forfeit and lose the Sum of Two hundred Pounds.

XVII. And be it further enacted, That all and every Brewer or Brewers shall, before the Officers take any such Account of Malt as aforesaid, be required by the proper Officer of Excise, and be permitted to make due Entries in such Book or Books as aforesaid, of all Malt which he, she or they may have received into his, her or their Custody or Possession, or may have used in the brewing or making of Beer in the Course of the Day in which such Account is proposed or intended to be taken; and if any Dispute shall arise between any such Brewer or Brewers and the proper Officer or Officers of Excise, respecting the true Quantity of Malt in Stock so taken an Account of as aforesaid, such Brewer or Brewers shall have the Option of and be allowed immediately and with all due Diligence and Dispatch, to measure the same in the Presence of such Officer or Officers of Excise, by a just and correct Winchester Bushel Measure of the Dimensions prescribed by Law, to be provided by such Brewer or Brewers, and the Quantity ascertained by such Admeasurement shall be taken to be the true Quantity of the Malt in Stock in the Custody or Possession of such Brewer or Brewers; any thing in this or in any other Act or Acts of Parliament to the contrary in anywise notwithstanding.

Penalty 2001.

Malt in Stock to be laid regularly and even,

to enable the Officers to

gauge the same.

Penalty 2001. Book to be filled up before cast up by

Officer.

Brewer may require Malt in Stock to be measured if he disputes the Accuracy of Officer's Gauge.

XVIII. And be it further enacted, That on every Brewing by Worts to be of any Brewer or Brewers under the Provisions of this Act, the one Quality, whole

and Beer not to be cleansed,

same shall have been entered, inched and gauged by the Officer.

whole of the Worts made on and by such Brewing shall be collected and mixed together by such Brewer and Brewers, and kept or stored, made of one and the same Quality, before the same or any Part in any Cask exthereof shall be cleansed, removed or run from the fermenting ceeding a Butt, or before the Tun or Tuns; and no such Beer or Ale shall be put into or tanned, cleansed, kept or stored in any Cask, Vat or other Vessel exceeding the Content or Size of a Butt or Pipe of Three Barrels; and that before any such Cask, Vat or other Vessel shall be used for any such Purpose as aforesaid, the same shall be entered at the proper Office of Excise, and be truly gauged and inched to the Satisfaction of the proper Officer or Officers of Excise; and if any such Brewer or Brewers shall on any Brewing not collect and mix together the whole of the Worts made on and by such Brewing, and make the same of one and the same Quality, before the same or any Part thereof is cleansed, removed or run from the fermenting Tun or Tuns, or shall put into, or tun, cleanse, keep or store any such Beer or Ale in any Cask, Vat or other Vessel exceeding such Size as aforesaid, or shall make use of the same for any such Purpose before the same have been entered, gauged and inched as aforesaid, or afterwards alter by enlarging or diminishing the same without Notice thereof to the proper Officer, he, she or they shall for every such Offence forfeit and lose the Sum of One hundred Pounds; and every Cask, Vat or other Vessel which shall have been so used as aforesaid, with all the Beer contained therein, shall be forfeited, and shall and may be seized by any Officer of Excise.

Penalty 1001. &c.

Brewers send

ing out Beer in Quantities of Four Gallons

or upwards, to in Casks mark.

send out same

ed as herein mentioned.

Penalty 501.

But not where

Casks produced by Persons to whom Beer is sold.

Brewers of this and all other Beer to make

Declaration in Writing of the Strength and Quality of Beer brewed, after

every Brewing.

XIX. And be it further enacted, That when and as often as any Beer or Ale brewed under the Provisions of this Act shall be sold and sent out or delivered for Consumption or otherwise, in any Quantity of Four Gallons or upwards, such Beer shall be sent out by the Brewer or Brewers thereof in a Cask on which shall be branded and permanently marked, in large and legible Letters, the Name of such Brewer or Brewers, and of the Place or Brewery where such Beer was Brewed, as well as the Numeral Figure 5, of the Length of Four Inches at the least, to denote the Quality of such Beer; and if any such Brewer or Brewers as aforesaid shall neglect or refuse to distinguish all such Beer when sold and sent out, or delivered in any such Quantity or Quantities as aforesaid, in a Cask which shall be so branded and marked as aforesaid, all and every such Brewer or Brewers shall for every such Offence forfeit and lose the Sum of Fifty Pounds: Provided always, that no such Brewer or Brewers shall be subject to any such Penalty as aforesaid in any Case where such Beer shall be taken away by the Person or Persons to whom the same may be sold, in any Cask produced by him, her or them, and then filled for such Purpose.

XX. And be it further enacted, That from and after the passing of this Act all and every Brewer and Brewers of Beer or Ale brewed under the Provisions of this Act, and all and every Brewer and Brewers of any other Beer, Ale, Porter or Table Beer for Sale, shall, before he, she or they shall cleanse or remove or run any Wort or Beer from the fermenting Tuns, or into any Cask or Vessel other than a known Tun, Cask or Vessel for fermenting Beer, and specially entered by such Brewer or Brewers for that

Purpose,

Purpose, make or cause to be made in Writing, in the same Book or Paper in which every Brewer of Beer for Sale is now by Law required to give Notice of every intended Brewing of such Brewer, and of the Quantity of Malt by him intended to be used in such intended Brewing, and opposite the Entry of such Notice, and the Quantity of Malt therein mentioned and expressed, a Declaration of the whole Length or Quantity and Quality of all the Beer brewed by any such Brewer or Brewers at every such Brewing, such Declaration, when so made as aforesaid, being at the same Time signed by such Brewer, or by his Principal Servant, under whose Direction or Inspection such Beer, Ale, Porter or Table Beer respectively may have been brewed, the proper Handwriting

of such Person being affixed and subscribed thereto; and that if Not making any such Brewer or Brewers shall refuse or neglect to make and Declaration, or enter, or cause to be made and entered as aforesaid, such De- altering same. claration in Writing as aforesaid, or shall cancel, obliterate or alter, or cause or suffer or permit to be cancelled, obliterated or altered, any such Declaration or Entry as aforesaid, or if any such Brewer or Brewers, or their or any of their Servants as aforesaid, or any òr either of them, shall make any untrue Declaration or Entry as aforesaid, or shall not at all Times keep such Book or Paper as aforesaid in some public and open Part of his, her or their entered Premises, ready for the Inspection of the Officers of Excise, or shall before such Declaration or Entry is so made as aforesaid, cleanse, remove or run away any of the Beer brewed at such Brewing from the fermenting Tuns, or into any Cask or Vessel other than a known Tun, Cask or Vessel for fermenting Beer, and specially entered by such Brewer or Brewers for that Purpose, all and every Brewer and Brewers so offending as aforesaid shall for every such Offence respectively forfeit and lose the Sum of Two hundred Pounds.

Penalty 2001.

XXI. And be it further enacted, That all Fines, Penalties and Recovery and Forfeitures imposed by this Act shall be sued for, recovered, levied Application of or mitigated, by such Ways, Means or Methods, as any Fine, Penalties. Penalty or Forfeiture may be sued for, recovered, levied or mitigated by any Law or Laws of Excise, or by Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland respectively; and that One Moiety of every such Fine, Penalty or Forfeiture shall be to His Majesty, His Heirs and Successors, and the other Moiety to him, her or them who shall discover, inform or sue for the same.

XXII. And be it further enacted, That this Act shall, where no Commencespecial Day is mentioned for that Purpose, begin, commence and ment of Act. take effect from and after the Fifth Day of July One thousand

eight hundred and twenty three.

XXIII. And be it further enacted, That this Act may be altered, Act may be amended or repealed by any Act to be passed in this Session of altered, &c. Parliament.

this Session.

CA P. LII,

Remains of

Persons against

whom a Find

ing of Felo de se is had to be

privately buried

in the Parish Churchyard.

Rites of Chris

to be per

formed. Proviso.

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An Act to alter and amend the Law relating to the Interment of the Remains of any Person found Felo de se.

[8th July 1823.] THEREAS it is expedient that the Laws and Usages rela

whom a Finding of Felo de se shall be had, should be altered ' and amended:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act it shall not be lawful for any Coroner, or other Officer having Authority to hold Inquests, to issue any Warrant or other Process directing the Interment of the Remains of Persons, against whom a Finding of Felo de se shall be had, in any public Highway; but that such Coroner or other Officer shall give Directions for the private Interment of the Remains of such Person Felo de se, without any Stake being driven through the Body of such Person, in the Churchyard or other Burial Ground of the Parish or Place in which the Remains of such Person might by the Laws or Custom of England be interred if the Verdict of Felo de se had not been found against such Person; such Interment to be made within Twenty four Hours from the Finding of the Inquisition, and to take place between the Hours of Nine and Twelve at Night.

II. Provided nevertheless, That nothing herein contained shall tian Burial not authorize the performing of any of the Rites of Christian Burial on the Interment of the Remains of any such Person as aforesaid; nor shall any thing hereinbefore contained be taken to alter the Laws or Usages relating to the Burial of such Persons, except so far as relates to the Interment of such Remains in such Churchyard or Burial Ground, at such Time and in such Manner as aforesaid.

22 Car. 2. c.5. § 3.

10 & 11 W.3. c. 23. $1.

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CA P. LIII.

An Act for extending the Benefit of Clergy to several Lar-
cenies therein mentioned.
[8th July 1823.]
W HEREAS by an Act passed in the Twenty second Year
of the Reign of His late Majesty King Charles the Se-
'cond, intituled An Act for taking away the Benefit of Clergy from
such as steal Cloth from the Rack, and from such as shall steal or
imbezil His Majesty's Ammunition and Stores, the Benefit of
Clergy is taken away from Persons convicted of cutting and
taking, stealing or carrying away any Cloth or other Woollen
Manufactures from the Rack or Tenter in the Night-time, or
of stealing or imbezling any of His Majesty's Sails, Cordage or
" any other His Majesty's Naval Stores, to the Value of Twenty
Shillings; provided that it shall be lawful for the Judges to
grant a Reprieve for the staying of the Execution of such Of-
fenders, and to cause them to be transported for the Space of
'Seven Years, and kept to hard Labour: And Whereas by an
Act passed in the Tenth and Eleventh Years of the Reign of

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