or premises, or part of any house or premises, where such spirits 6 G.4. c.81. or other liquors or goods shall be so sold as aforesaid, if but one occupier only, and if more than one, then the several occupiers the retailers thereof, being privy or consenting thereto, shall be deemed and thereof, if privy taken to be the retailer or retailers of such spirits, or other liquors thereto. or consenting or goods, and as such shall be subject and liable to the penalties imposed upon persons for the sale of spirits, or such other liquors or goods, by retail, without licence."

§ 28. "If any person or persons licensed to exercise or carry on any trade or business, or make or sell any goods for which an excise licence is required, shall not produce and deliver such licence to be read and examined by any officer or officers of excise, within a reasonable time after such officer or officers shall demand the production thereof, such person or persons shall for each and every such offence forfeit the sum of 201."

Penalty on li

censed persons not producing

their licence on demand of offi

cer, 201

Informer

against an unlicensed trader, to be paid such

sum as the

§29. "For the encouragement of those who shall discover offences committed against the laws relating to excise laws;" it is enacted, "that where any person or persons shall be lawfully convicted of any offence in carrying on any trade or business, or making or selling any goods without licence, for the carrying on commissioners of which trade or business, or the making or selling of which shall direct, not goods a licence or licences is or are required by this act, and the exceeding 10. pecuniary penalty imposed for such offence shall not be paid and if the penalty cannot be levied, it shall and may be lawful for the commissioners cannot be recoof excise to cause such reward as they shall think fit, not exceeding 10%. in each case, to be paid to the several and respective persons who shall appear to them to be entitled thereto as informers, out of any monies in their hands arising by any penalties or forfeitures incurred under the laws of excise.'

vered.

vintners' com

§ 30. Provided always, and it is further enacted, "that nothing Nothing in this in this act contained shall in anywise prejudice the privileges act contained to heretofore used and enjoyed by any university in the U. K. of G. prejudice the B. and Ireland, or the respective chancellors or scholars of the universities, the same respectively, or their successors, or the master, wardens, panies, or the freemen, and commonalty of the vintners of the city of London, borough of St. or other city or town corporate, in any part of the U. K., or the Albans. mayor or burgesses of the borough of Saint Albans, in the county of Hertford, or their successors, but that they may respectively use and enjoy such privileges as they have heretofore respectively lawfully used and enjoyed the same."

$31. All powers, authorities, rules, regulations, restrictions, Former regulaexceptions, provisions, clauses, matters, and things, which in and tions to be put by any act or acts of parliament relating to the revenue of excise in force in exein force in G. B. or Ireland respectively on or immediately before cution of this the said 5th day of July, 1825, are provided, settled, or established act, except where repealed for securing, enforcing, managing, raising, levying, collecting, or altered by paying, mitigating, or recovering, adjudging, or ascertaining the this act. excise duties or penalties thereby granted or imposed, and for preventing, detecting, and punishing frauds relating thereto, other than and except in such cases for which other penalties, regulations, or provisions are made or prescribed by this act, shall be exercised, practised, applied, used, and put in execution in and for the managing, raising, levying, collecting, mitigating, adjudging, ascertaining, recovering, and paying the several duties and penalties respectively hereby granted or imposed, and for the due

6 G. 4. c. 81,

Penalties and

forfeitures to be recovered and applied as

other excise pe

nalties, unless otherwise by this act pro

vided.

tions which are

inconsistent

enforcement of all other matters and things herein contained, so far as the same are not repugnant to or inconsistent therewith, as fully and effectually, to all intents and purposes, as if all and every the said powers, authorities, rules, regulations, restrictions, exceptions, provisions, clauses, matters, and things were particularly repeated and again enacted in this present act."

§32. "All penalties and forfeitures imposed by this act (save and except in such case where any special provision is herein made) shall be sued for, levied, recovered, mitigated, and distributed by such ways, means, and methods, and in such manner, as by any law or laws of excise in force is or shall in that behalf be directed, provided, and enacted in G. B. and Ireland respectively."

33. "All powers, authorities, rules, regulations, restrictions, Former regula- exceptions, provisions, clauses, matters, and things, provided for or contained in any act or acts of parliament in force relating to with this act de- the revenue of excise in G. B. or Ireland respectively, on or clared to be re- immediately before the 5th day of July, 1825, expressly repealed, pealed. altered, or re-enacted by this act, or which are repugnant to, or inconsistent with the several matters, clauses, provisions, and regulations of this act, any or either of them, shall, and the same are hereby respectively, from and after the said 5th day of July, 1825, declared to be repealed, and shall no longer be put in force or observed in any part of the U. K."

Irish licences

of 1825 to be charged and

paid according to the rates imposed by this

act.

Commence

ment of this act, 5 G.4. c. 54.

Brewers, whose premises are out

of a market

town, &c. may

make entry of a place within

some town to retail their beer.

§ 34. Provided always, and it is further enacted, "that for and upon the several excise licences taken out by any person or persons in Ireland, in and for the year 1825, under the laws of excise then in force, there shall be raised, levied, collected, and paid, so much only of the duties payable thereon as shall be equal and correspondent to the several sums of money made payable by this act upon such licences, from and after the 5th day of July, 1825, so far as the same can be computed, adjusted, and ascertained; and that it shall and may be lawful for the commissioners and several collectors of excise, and they are hereby authorised and required to repay out of any money in their hands arising from duties of excise, to all and every person and persons who have taken out any excise licence in Ireland, in and for the year 1825, and paid the duty thereon payable by the laws then in force, so much as may be the computed, adjusted, and ascertained excess of the duties so paid over and above the rate of duty on such licence made payable by this act from and after the 5th day of July, 1825, upon the application of such person and persons to such commissioners, or the collectors of excise, for the same."

§ 36. "This act shall commence and take effect from and immediately after the 5th day of July, 1825.”

By stat. 5 G. 4. c. 54. § 7. it is enacted, "that where the entered premises for brewing of any brewer shall be situated out of a city or market town, and such brewer shall by reason thereof not retail beer, or be licensed to retail beer from such brewery, or make entry of any part of such premises for that purpose, it shall be lawful for any such brewer to make entry of some one place, room, storehouse, cellar, shop, house, or outhouse, for the retail of beer in any one adjoining city or markettown, and to take out a licence for and retail therefrom the strong beer brewed by him, her, or them at such brewery as aforesaid, to

brewers not licensed as

victuallers seling table-beer; or using less than 16 bushels of malt at a brewing, 100%. G. 4. c. 68.

9

be drank or consumed elsewhere, subject nevertheless to the seve- 5 G. 4. c. 54. ral provisions and penalties in this act contained, relating to brewers retailing beer from the premises where brewed: Provided Penalty on always, that no retail brewer, not being duly licensed to sell beer as a keeper of a common inn, alehouse, or victualling-house, shall deal in or sell any table-beer, or any beer except the strong beer which he or they shall brew, and be charged with the duty thereon, or shall at any one time use, employ, or consume any less quantity than 16 bushels of malt at any one brewing, upon pain of forfeiting for each and every such offence the sum of 100l." By stat. 9 G. 4. c. 68. § 1. Reciting that, by 5 G. 4. c. 54. § 11. it was enacted, "that no licensed brewer of beer for sale, who should also be duly licensed to retail such beer under that act, should sell, deliver, or send out at or from his, her, or their brewery, or the premises belonging thereto, or entered as aforesaid in the said act, or to any of his, her, or their customers, any beer in any quantity less than a whole barrel, except between the hours of six of the clock in the morning and nine of the clock in the evening, or shall sell, deliver, or send out any beer during the usual hours of divine service on Sundays, upon pain of forfeiting for each and every such offence the sum of 201. ;" and that "it is expedient that the time during which such brewers shall be allowed to sell beer should be extended;" it is enacted, "that from and after the passing of this act it shall be lawful for any such brewer, as in the said act is in that behalf mentioned, to sell beer by retail as aforesaid, at or from his, her, or their brewery, or other premises entered by such brewer for that purpose as in the said act is provided, between the hours of four of the clock in the morning and ten of the clock in the evening, subject nevertheless in all other respects to the several rules, regulations, and restrictions by and in the said act enacted and contained."

By stat. 42 G. 3. c. 38. § 18. No person, not being a common brewer, shall retail beer at any higher price than 1d. the quart, without entering into a recognizance and obtaining a licence as a common alehouse keeper, under pain of forfeiting for each of fence 501. over and above any penalty imposed upon selling beer or ale without a licence.

By stat. 3 G. 4. c. 18. § 11. All beer and ale above the price of 16s. the barrel (exclusive of the duties) shall be deemed to be strong beer or ale; and all beer of the price of 16s. the barrel or under (exclusive of the duties) shall be deemed to be table beer within the meaning of the several acts in force relating to beer or ale.

By stat. 15 C. 2. c. 11. § 1. No common brewer, innkeeper, victualler, or other retailer of beer or ale shall, without first giving notice at the next office of excise, or to the commissioners or subcommissioners, or one of them, erect, alter, or enlarge any tun, fat, back, cooler, or copper, and make use thereof for brewing or making any beer, ale, or worts, on pain of 50l. And every other person, in whose occupation any house, outhouse, or other place shall be, where any such private tun, &c. shall be found, shall also forfeit 50%. And the same, together with all beer, ale, or worts therein, shall be taken up, seized, and forfeited, to be sold to the use of the poor.

Brewers licensed under the recited act may sell beer between the

hours of four in the morning, and ten in the evening.

42 G.3. c.38. Retailing beer

at more than lad p. quart, without licence, penalty 50%.

3 G.4. c.18. When beer shall be accounted strong, and

when table.

15 C.2. c.11. Notice of erect ing and altering brewing beer or

tuns, &c. for

ale.

5 G.3. c.43.

By stat. 5 G. 3. c. 43. § 25. If any common brewer shall alter No tun, batch, the position of any tun, batch, float, cooler, or copper after the &c.to be altered same hath been set up and fixed, without first giving notice thereof without notice. in writing to the officer; or shall place any boards, stone, wood, or any other materials at, in, or upon the dipping-place thereof; or shall, by any other means, prevent or hinder the officer from taking true dips and gauges of such beer, ale, or worts, he shall forfeit 201.

7 & 8 W. c. 30.

Officer may en

ter and examine suspected places.

8 & 9 W. c. 19. 42 G.3.c.38.

conveyances.

And by stat. 7 & 8 W. 3. c. 30. § 27. The officer of excise in the daytime, and in the presence of a constable, where he shall have just suspicion that any private back, tun, or other concealed vessel or receptacle is used by any brewer, distiller, or maker of exciseable liquors, on request first made and cause declared, may break open the door, or any part of such brewhouse, warehouse, or other room in his possession, and enter and break up the ground in such house or room, or ground near adjoining, in his possession, to search for such back, tun, or other vessel, or any pipe or conveyance leading thereto; and if he find any private pipe or other conveyance, he may search after and follow the same, and if it shall lead into any ground, house, or place in the possession of any other person, on like request and with a constable, he may enter the same, and break open the ground or any part of the house, if occasion shall be, to follow such private pipe, in order to find out such concealed back, tun, or other vessel, making good the ground or house so broken up, or giving reasonable satisfaction to the owner; and if any person shall oppose such officer, he shall forfeit 201.

By stat. 8 & 9 W.3. c.19. § 4. and 42 G. 3. c. 38. § 15. No common brewer shall keep any pipe or other private conveyance from any Private pipes or copper in his brewhouse, except the regular discharge-pipes leading directly to his mashtun, hopback, or coolers; nor shall keep any fixed or other pipe or conveyance leading from any underback, hopback, back, or cooler, except such as without any private or concealed stopcock therein or thereon, shall have a direct communication with the entered coppers, backs, coolers, or working tuns only, on pain of 2001. for every such pipe or conveyance.

8 & 9 W. c. 19. Power of officers to search

for private pipes or conveyances,

And by stat. 8 & 9 W.3. c.19. § 5. The excise officer in the daytime, and in the presence of a constable, on request made and cause declared, may break up the ground in any common brewhouse or the ground near adjoining, or any wall, partition, or other place, to search for any such private pipe or other conveyance, and, upon finding, may follow the same, and break up the ground, house, wall, partition, or other place, through or into which the same shall lead, and break up or cut such pipe or other conveyance, and may turn any cock to try whether it can convey as aforesaid.

§ 6. And if on search no such pipe or other private conveyance shall be found, the officer shall make good the ground, wall, or other place so broken up, or make satisfaction to the owner; and if any person shall oppose such officer, he shall forfeit 501.

§7. But any common brewer may use any pipes, stopcocks, or other conveyances above ground, which are public and in open view, for letting his worts out of his copper into his public backs

or coolers, and out of the same into his tuns, batches, or floats; or out of the tun into his cask.

And by stat. 15 C.2. c. 11. § 1. and 1 W. 3. st. 1. c. 24. § 11. No common brewer, innkeeper, victualler, or other retailer of beer or ale, shall use or keep any private storehouse, cellar, or other place for laying off any beer or ale or worts in cask, on pain of 50%.; and every other person, in whose occupation any such place shall be, shall also forfeit 501.

15 C.2. c.11.
1 W. st. 1. c.24.

Private cellar.

Utensils forfeited.

By stat. 49 G. 3. c. 81. § 8. Where any vessels would, if found, 49 G.3. c.81. be liable to forfeiture for want of entry, or being private or concealed, all the utensils employed, or fit to be employed in the manufacture of any exciseable commodity, in any private or concealed room or place where any such vessel shall be found, shall be forfeited, or may be seized by any officer of excise.

By stat. 22 & 23 Č. 2. c. 5. § 10. If any person inhabiting in a market-town, city, or town corporate, or parts adjoining to a city or town corporate, where there is a common brewhouse, having and lawfully using any private brewing vessels for making beer or ale to be consumed in his own private family, shall permit any beer, ale, or worts to be brewed in his house, outhouse, or other place thereunto adjoining, other than for his own family, servants, labourers, or for others, by way of charity, hospitality, or free gift; or shall lend out any of his brewing vessels, other than those which are moveable and unfixed, he shall forfeit 50l.

22 & 23 C.2.

c.5.

Private person suffering liquors to be brewed in his house.

By stat. 5 G. 4. c. 54. § 18. Reciting that by stat. 22 & 23 Car. 2. 5 G.4. c.54. c. 5. it was, amongst other things, enacted, that if any person or per- and 23 C.2. Repeal of 22 sons inhabiting in any market-town, or in any city or town corpo- c.5. § 10. rate, or parts adjoining to any city or town corporate, where there prohibiting the is or shall be a common brewhouse, having and lawfully using any loan of brewing private brewing vessels for the brewing and making of beer or ale utensils. to be spent and consumed in his or their private families, shall lend out any of their brewing vessels to be made use of by any other person or persons, not being of his or their family, for the brewing of beer or ale for the use of any other person or persons, then such person or persons shall forfeit for every such offence the sum of 501.: and that it is expedient to repeal so much of the said act as is herein-before recited; it is enacted, that from the passing of this act, viz. 4th June, 1824, the same shall be and is repealed.

By stat. 12 C. 2. c. 24. § 33. The gauger shall at all times in the day (and in the night with a constable) be permitted, upon his request, to enter the brewhouse and all other houses and places belonging to or used by any person brewing of beer, or by any retailer of beer, ale, wort, perry, cider, or metheglin; and to gauge all coppers, vats, and vessels in the same; and to take an account of all such liquors brewed or made therein; and thereof shall make return in writing to the commissioners, leaving a true copy of such return under his hand with such brewer, maker, or retailer; which return shall be a charge upon such brewers, makers, or retailers.

12 C. 2. c.24. Gauger to en

ter and take

account.

fusal to permit the gauger, he may forbid sale

§33. And if any such common brewer, maker, or retailer shall If there be rerefuse to permit such gauger to enter his brewhouse or other place aforesaid, or to gauge or take account of his vessels or liquor aforesaid, he shall be forthwith forbidden by the gauger to sell, carry out, or deliver to any of his customers any beer, ale, or

of the liquor.