William III, 1696-7: An Act for repealing a Clause in a former Act relateing to Party Guiles and for the better preventing Frauds and Abuses [in] Brewers and others chargeable with the Duties of Excise. [Chapter XIX. Rot. Parl. 8&9 Gul.III.p.4.nu.3.]

7 & 8 W. III. c. 30.

§ 15; in Part repealed.

Whereas in one Act made in the last Sessions of this present Parliament intituled An Act for laying several Duties upon Low Wines or Spirits of the first Extraction and for preventing the Frauds and Abuses of Brewers Distillers and other Persons chargeable with the Duties of Excise itt is amongst other things enacted in the Words or to the Effect following (videl?t) That all common Brewers Innkeepers or Victuallers who after the Five and twentieth Day of March One thousand six hundred ninety six shall brew or make a Party Guile shall declare to the Gauger or Gangers appointed to [gauge & (fn. 2) ] take an Account of the same how much of such Guile hee or they intended to make into Strong Beer or Ale and how much into Small before any Part of such Guile is cleansed and shall continue all the said Strong Beer in their Tuns until the said Small Beer shall be carried out and delivered and in case such Brewers Innkeepers or Victuallers or their respective Servants brewing or making such Guile of Beer or Ale shall refuse to declare to such Gauger or Officer how much of their Guile or Brewing they intend to make into Strong Beer or Strong Ale and how much into small before any part of such Guile is cleansed or shall permitt the said Strong Beer to be carried out of their Tuns until the said Small Beer shall be carried out and delivered such Gauger or Gaugers shall charge and returne the whole of such Guile to be Strong and such Brewer Innkeeper or Victualler shall pay the Duties thereof accordingly and in case such Brewer Innkeeper or Victualler or their respective Servants after such Declaration made shall make any increase of their Strong Beer or Strong Ale so declared as aforesaid by any ways or meanes whatsoever such Increase shall be deemed and taken to be and proceed from mixing Small Beer with Strong Beer or Strong Ale and such Brewer Innkeeper or Victualler shall forfeit and lose for every Barrel so increased the Su[m]m of Forty shillings and so in proportion for a greater or lesser Quantity over and above the Penalties already imposed for mixing Small Beer with Strong And whereas it is found by Experience that it is inconvenient to the Brewers within London and the weekly Bills of Mortality and impracticable to the Brewers Innkepers and Victuallers in the Country to keep their Strong Beer in their Tuns until their Small Beer is carried out and delivered as by the Clause above recited is required be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament asseembled and by the Authority of the same That from and after the Tenth Day of April in the Yeare of our Lord One thousand six hundred ninety seven the said Clause and every thing therein contained shall be and hereby is repealed and made void to all Intents and purposes whatsoever.

II. Brewer to declare how much Strong and Small Beer or Ale he intends to make of each Guile, otherwise the Whole charged as Strong, and Duty accordingly; and Penalty.

Brewer after such Declaration, increasing Strong Beer or laying off,; Penalty; Brewers Servants assisting; Penalty or Imprisonment; Increasing Beer by adding former Guile; Penalty.; unless added in sight of Gauger.

And for the more effectual preventing the Frauds of the Brewers which are now frequently practised by mixing Small Beer with Strong Be it enacted by the Authority aforesaid That every Co[m]mon Brewer who after the said Tenth Day of April shall brew or make any Guile of Beer or Ale shall declare to the Gauger or Gaugers appointed to gauge and take an Account of the same how much Strong Beer or Strong Ale hee intends to make of such Guile and also how much Small (if hee intends to make any Small) before any part of such Guile is cleansed or removed out of his Tuns and in case any such Brewer or his respective Servants brewing or making such Guile of Beer or Ale shall refuse to make such Declaration as aforesaid such Gauger or Gaugers shall charge and returne the whole of such Guile to be Strong and such Brewer shall pay the Duties thereof accordingly and shall also forfeit and lose for every Barrel of Beer or Ale contained in such Guile the Su[m]m of Twenty Shillings and in case such Brewer or his respective Servants after such Declaration made as aforesaid shall make any increase of the Strong Beer or Strong Ale so declared as aforesaid by any ways or means whatsoever or in case such Gauger or Gaugers shall find any Beer Ale or Worts of the same Guile laid off over and above the Quantity so declared as aforesaid such Brewer shall forfeit and lose for every Barrel so increased laid off or found over and above the Quantity declared as aforesaid the Sum[m] of Five pounds and the Servant or Servants of such Brewer who were any ways concerned or assisting in making such increase after the said Declaration or in laying off any Beer Ale or Worts of such Guile before such Declaration made as aforesaid shall also forfeit and lose for every Barrel so increased or laid off the Su[m]m of Twenty shillings and in default of Payment thereof shall suffer Three Months Imprisonment and in case upon any Information brought against such Brewer for the Penalties by this Act imposed for increasing his length of Strong Beer or Ale as aforesaid it shall appeare by the Evidence given in behalfe of such Brewer that the Strong Beer or Ale so declared as aforesaid was increased by adding to or mixing with the same any Beer or Ale that was left in the Brew house of a former Guile of his or her brewing such Brewer shall incurr all the said Penalties except it be also proved by the Oath of one or more credible Witnesses that the Strong Beer or Ale so added to such Guile was added to such Guile in the sight and view of the Gauger the said Evidence or any other thing to the contrary in any wise notwithstanding.

III.

Beer or Ale left and added to a new Guile, charged as new Drink, and Brewer to pay the Duties.

And whereas many Brewers having Strong Beer or Ale remaining in their Brew-houses from the time itt was brewed until the next Guile or Brewing the Quality of which they frequently alter by mixing with the same new Small Beer or old returned Drink and then add the Beer and Ale so altered to the next Guile by means whereof his Majesty is often defrauded of his Duties of Excise Be it therefore declared and enacted by the Authority aforesaid That if it shall appeare to the Gauger that the Quality of such Strong Beer or Ale so remaining in the Brew-house of a former Guile & added to a Guile of new Drink as aforesaid hath been so altered since it was brewed such Gauger shall charge and returne all such Beer and Ale so altered and added to a Guile of new Drink as if the same were then originally brewed and had never been charged before and such Brewer shall pay the Duties thereof [according (fn. 3) ] accordingly.

IV.

Brewers to take up, &c. their Pipes, Stop-cocks, and other Conveyances under Ground,; and stop up the Hole in every Tun, Batch, &c.; Brewer keeping such Pipe, &c; Penalty £100.

And forasmuch as it is found by experience that his Majesty is very much defrauded of his Duties of Excise by many Brewers who by private Pipes and Stopcocks under Ground and other private Conveyancs have Co[m]munication between their Strong Beer Tuns and their Small Beer Tuns whereby they do privately mix the Small Beer with their Strong Beer or Ale and also convey their Beer Ale or Worts from the sight and view of the Gaugers appointed to gauge and take an Account of the same which is also prejudicial to other Brewers who work faire and pay His Majesty His full Duty Be it therefore further enacted by the Authority aforesaid that every Co[m]mon Brewer having or keeping any Pipe or Stopcock under Ground or any other private Pipe or other private Conveyance in or about his Brew house by which any Beer Ale or Worts may be conveyed from one Tun or Brewing Vessell private Conveyance by which any Beer Ale or Worts may be conveyed from one Tun or Brewing Vessell to another or out of any such Tun or Brewing Vessel into any other Place nor shall have or keep any hole in any Day of April One thousand six hundred ninety seven take upp or demolish every such Pipe Stop-cock and other private Conveyance and shall also stop upp every hole in every Tun Batch or Float by which any Beer Ale or Words may be conveyed into or out of such Tun Batch or Float or any of them and that no Common Brewer from and after the said Eight and twentieth Day of April shall have or keep any such Pipe Stopcock or other private Conveyance by which any Beer Ale or Words may be conveyed from one Tun or Brewing Vessell to another or out of any such Tun or Brewing Vessel into any other Place nor shall have or keep any hole in any such Tun Batch or Float by which any Beer Ale or Worts may be conveyed into or out of such Tun Batch or Float or any of them on paine to forfeit for every such Offence the Su[m]m of One hundred pounds.

V. Officers of Excise may break up the Ground in a Common Brewhouse, &c. and search for private Pipes; ; and may turn Cocks, &c.

And for the better discovering of all such Pipes Stop-cocks and other private Conveyances aforesaid Be it further enacted That from and after the said Eight and twentieth Day of April it shall and may be lawfull to and for the Gaugers and Officers of Excise or any of them in the Day time and in the presence of a Constable or other lawfull Officer for the Peace on Request first made and Cause declared to break upp the Ground in any Co[m]mon Brew-house or the Ground neare adjoyning or any Wall Partition or other Place to search for any such private Pipe or other private Conveyance and upon finding any such Pipe or other private Conveyance to follow the same and to break upp the Ground House Wall or other Partition or Place through or into which any such Pipe or other private Conveyance shall lead and to break upp or cutt any such Pipe or other private Conveyance and to turne any Cock or Cocks to try and examine whether such Pipe or other Private Conveyance may or can convey any Beer Ale or Worts out of one Tun or Brewing Vessell into another or out of [any (fn. 4) ] such Tun or Brewing Vessel into any other Place.

VI. If no Pipe, &c. found, Officer to make Satisfaction.

Opposing Officers,; Penalty £50.

Provided always That in case upon such Search made as aforesaid no such Pipe or other private Conveyance shall be found such Gaugers and Officers shall make good the Ground Wall or other Place so broken upp as aforesaid or make reasonable Satisfaction to the Owner or Owners thereof and if any co[m]mon Brewer or any other Person or Persons whatsoever shall oppose obstruct or hinder any such Gauger or Officer in the due Execution of the Powers hereby given and granted every such Brewer and other Person shall forfeit and lose for every such Offence the Su[m]m of Fifty Pounds.

VII. Brewers may use Pipes, Stop-cocks, &c. and that are public.

Provided neverthelesse and it is hereby declared That it shall and may be lawfull to and for any Co[m]mon Brewer to keep and make use of any Pipes Stopcocks or other Conveyances above Ground which are publick and in open view for the letting his Worts out of his Copper into his publick Backs or Coolers and for the letting his Worts out of such publick Backs or Coolers into his publick Tuns Batches or Floats or out of any publick Tun into his Casks Any thing in this Act or any other Law or Statute to the contrary in any wise notwithstanding.

VIII.

Brewer setting up or altering any Tun, &c. without Notice to Excise Office, or having Private Tun, &c.; Penalty £200.

And whereas notwithstanding the Penalties already imposed by former Acts it is found by Experience that several Brewers do sett upp and keep private Backs & Tuns by which His Majesty is much defrauded of His Duties of Excise and other Brewers who pay their full Duties are much prejudiced in their Trade thereby Be it further enacted by the Authority aforesaid That if any co[m]mon Brewer shall att any time after the said Tenth Day of Aprill without Notice thereof first given att the next Office of Excise erect or sett upp any Tun Batch Float Cooler or Copper or shall alter or enlarge any Tun Batch Float Cooler or Copper already erected or sett upp or shall have or keep any private or concealed Tun Batch Float Cooler or Copper other than such as are openly discovered and knowne to be co[m]monly used in his Brew-house or Place of Brewing every such Brewer shall forfeit & lose for every Tun Batch Float Cooler and Copper so erected or sett upp altered or enlarged kept private or concealed without such Notice given as aforesaid the Su[m]m of Two hundred pounds.

IX. Brewer or Cyder Maker delivering to Distiller or Vinegar Maker Wash, &c. without Notice to Gauger,

Penalty 20s.

And be it further enacted by the Authority aforesaid That if any co[m]mon Brewer or Maker of Cyder brewing or making any Beer Ale or Cyder for Sale shall att any time after the said Tenth Day of April deliver to any Distiller or Vinegar maker any Wash Tilts Ale Beer Vinegar Beer or Cyder without first giving notice to the Gauger or Gaugers within whose Division or District such Brewer or Maker of Cyder doth or shall inhabitt what Quantity of Wash Tilts Ale Beer Vinegar Beer or Cyder hee intends to deliver and when and to whom hee intends to deliver the same every such co[m]mon Brewer or Maker of Cyder shall forfeit and lose for every Barrel of Wash Tilts Ale Beer Vinegar Beer and Cyder delivered without such Notice given as aforesaid the Su[m]m of Twenty Shillings.

X.

Common Distiller, &c. setting up Tun, Cask, &c.; or keeping private Tun Warehouse, &c.; without giving Notice,; Penalty £20; Concealing such Tun, &c; Penalty £50.

And whereas it is found by Experience that notwithstanding the Penalties imposed by former Acts many Distillers do erect and sett upp private Backs Stills and other Vessells by which His Majesty is much defrauded of his Duties of Excise Be it therefore enacted by the Authority aforesaid That no co[m]mon Distiller or Maker of Low Wines Spirits or Strong Waters for Sale or Exportation shall att any time after the said Tenth Day of Aprill erect or sett upp any Tun Cask Wash-batch Copper Still or other Vessell for the brewing making or keeping of any Worts Wash Low Wines Spiritts or Strong Waters nor alter or enlarge any Tun Cask Wash-batch Copper Still or other Vessell already erected or sett upp nor shall have or keep any private or concealed Tun Cask Wash-batch Copper Still or other Vessell nor any private or concealed Warehouse Storehouse Celler or other Place for the brewing making laying or keeping any Worts Wash Low Wines Spirits or Strong Waters without first giving Notice thereof att the next Office of Excise within the Limitts or Jurisdiction whereof hee or they do or shall inhabitt upon paine to forfeit for every Tun Cask Wash-batch Copper Still Warehouse Storehouse Celler or other Place so erected or sett upp altered or enlarged kept private or concealed the Su[m]m of Twenty pounds and that all and every Person or Persons in whose Occupation any House Outhouse or other Place whatsoever is or shall be where any such private or concealed Tun Cask Wash batch Copper Still Warehouse Storehouse or Celler shall be discovered or found shall also forfeit and lose the Su[m]m of Fifty pounds.

XI. Persons keeping Wash, &c. and having a Still of 20 Gallons, deemed a Common Distiller, and liable to the Duties of Excise.

And itt is hereby further enacted and declared That from and after the said Tenth Day of Aprill every Person or Persons making or keeping any Wash Cyder or other Materials fitt for Distillation and having in his or their Possession or Occupation any Still or Stills containing Twenty Gallons or upwards Proof being made thereof by the Oath of one or more credible Witnesses before some Justice of the Peace who is hereby impowered to administer the same shall be deemed and taken to be a co[m]mon Distiller for Sale and shall be liable to the several Rates and Duties of Excise and subject to the several and respective Penalties and Forfeitures imposed by this or any former Act now in force the said Act or any other Law or Statute to the contrary in any wise notwithstanding.

XII. Penalties how to be sued for and disposed of.

And be it further enacted by the Authority aforesaid That all the Fines Penalties and Forfeitures by this Act imposed shall be sued for recovered and levied by such Ways Means and Methods as any Fine Penalty or Forfeiture is or may be recovered by any Law or Laws of Excise or by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record att Westminster and that one Moiety of every such Fine Penalty or Forfeiture shall be to His Majesty His Heires and Successors and the other Moiety to him or them that shall discover informe or sue for the same.

XIII. 2 W. & M. Sess. 2. c. 9. § 10.

Persons having set up Works may distil for Sale Low Wines from Drink brewed from malted Corn, &c. on Notice and paying the Duties.

And whereas by an Act made in the Second Yeare of the Reigne of His Majesty and the late Queen Mary of blessed Memory intituled An Act for the incouraging the distilling Brandy and other Spirits from Corne and for laying several Duties on Low Wines it was enacted and declared That it should and might be lawfull to or for any Person or Persons dureing the continuance of that Act to make draw or distill for Sale or to be retailed any Low Wines or Spiritts from Drink brewed from malted Corne upon the Encouragement of which said Act many Persons have att great Charge sett upp Works for distilling from Corne and the said Act being since expired Be it therefore further enacted and declared by the Authority aforesaid That it shall & may be lawfull to or for any Person or Persons who have already sett upp any Works or Offices or who shall hereafter sett upp any Works or Offices for that purpose and thereof shall give Notice to the Commissioners of Excise within Ten Days after the erecting such Office or Work to make draw or distill for Sale or to be retailed any Low Wines or Spiritts from Drink brewed from malted Corne or Cyder and to rectifye and refine any such Spiritts of their owne making onely paying the Duties and being subject to all Fines and Penalties as other Distillers are Any Law Charter or other thing to the contrary notwithstanding.