So much of as empowers Officers to turn over and lay level again Corn or Grain which they may suspect to have been forced together in the Cistern or Couch Frame, &c. repealed. III. And be it enacted, That so much of the said recited 7&8G.4.0.59. Act of the Seventh and Eighth Years of the Reign of His said Majesty as enacts, "that if any Officer of Excise shall have Reason to believe or shall suspect that the Corn or Grain making into Malt in any Cistern or Couch Frame has been trodden or forced together, it shall be lawful for such Officer and any Person or Persons in aid and assistance of such Officer, in the Presence of the Maltster or Maker of Malt or of his or her Servant, if such Maltster or Servant shall think fit to be present, to turn over all such Corn or Grain, either by throwing all such Corn or Grain from and out of the Cistern or Couch Frame, and returning the same into the Cistern or Couch Frame from which it shall have been thrown, and laying the same level again therein, or by turning over all such Corn or Grain in such Cistern or Couch Frame and laying the same level again therein, or by throwing out any Part of such Corn or Grain from such Cistern or Couch Frame, and turning over so much thereof as shall be left remaining therein, and returning so much of such Corn or Grain as shall have been thrown out into the Cistern or Couch Frame from which the same shall have been thrown, and laying the whole of such Corn or Grain level again in such Cistern or Couch Frame, as to such Officer shall seem fit; and every Maltster or Maker of Malt, together with his or her Servants, shall give such Aid and Assistance to such Officer and to such Person or Persons as aforesaid in such Behalf as aforesaid as such Officer or other Person may request; and if any Increase shall be found in the Gauge or Quantity of such Corn or Grain, after being turned over and laid level again in the Cistern or Couch Frame in any such Manner as aforesaid, over and above the former Gauge, in any greater Proportion than that of One Bushel in every Twenty Bushels of such Corn or Grain, the Increase so found as aforesaid shall be deemed conclusive Evidence that such Corn or Grain had been trodden or forced together; and if any Maltster or Maker of Malt shall refuse to aid and assist any Officer of Excise, or any Person or Persons acting in aid and assistance of such Officer as aforesaid, every such Maltster or Maker of Malt so offending shall for every such Offence forfeit and lose the Sum of One hundred Pounds; provided always nevertheless, that it shall be lawful to prove by any other or indifferent Evidence than that above mentioned that such Corn or Grain had been trodden or forced together," shall be and the same is hereby repealed. So much of IV. And be it enacted, That so much of the said recited Act of the Eleventh Year of the Reign of His said Majesty as recites the said Provision herein-before last repealed, and enacts, "that when any Officer of Excise shall in manner authorized by the said recited Act turn over all such Corn or Grain, forcing together either by throwing all such Corn or Grain from and out of the Cistern or Couch Frame, and returning the same into the Cistern or Couch Frame from which it shall have been thrown and laying the same level again therein, or by turning over all repealed. such such Corn or Grain in such Cistern or Couch Frame and laying the same level again therein, or by throwing out any Part of such Corn or Grain from such Cistern or Couch Frame, and turning over so much thereof as shall be left remaining therein, and returning so much of such Corn or Grain as shall have been thrown out into the Cistern or Couch Frame from which the same shall have been thrown, and laying the whole of such Corn or Grain level again in such Cistern or Couch Frame, as to such Officer shall seem fit; and if any Increase shall be found in the Gauge or Quantity of such Corn or Grain, after being turned over and laid level again in the Cistern or Couch Frame in any such Manner as aforesaid, over and above the former Gauge, in any greater Proportion than that of One Bushel in every Twenty Bushels of such Corn or Grain, the Increase so found is in and by the said recited Act to be deemed conclusive Evidence that such Corn or Grain had been trodden or forced together: And whereas it may happen that when Corn or Grain has been emptied from the Cistern into the Couch Frame more than Twelve Hours the Increase thereof from the Swell may amount to One Bushel in Twenty without Fraud, and it is expedient to alter such Proportion so far as respects such Corn or Grain in the Couch Frame; be it therefore enacted, That when any Officer of Excise shall, in manner authorized by the said recited Act, turn over and level again in any Couch Frame any Corn or Grain after the Expiration of Twelve Hours from the Time when such Corn or Grain shall have been emptied from the Cistern or Cisterns into such Couch Frame, and any Increase shall be found in the Gauge or Quantity of such Corn or Grain, after being turned over and laid level again in the Couch Frame in any such Manner as aforesaid, over and above the former Gauge, no such Increase shall be deemed conclusive Evidence that such Corn or Grain had been trodden or forced together unless such Increase shall be in any greater Proportion than Six Bushels and One Quarter of a Bushel in every One hundred Bushels of such Corn or Grain," shall be and the same is hereby repealed. V. And be it enacted, That when any Officer of Excise shall suspect that the Corn or Grain making into Malt in any Cistern or Couch Frame has been trodden or forced together, or that the Corn or Grain so making into Malt therein is so hard, close, and compact as it could not have been unless the same had been by some Means or other trodden or forced together in such Cistern or Couch Frame, it shall be lawful for such Officer to direct the Maltster or Maker of Malt, or his Workmen and Servants, to throw all such Corn or Grain from and out of the Cistern or Couch Frame, and for such Officer, and any Person or Persons in his Aid or Assistance, which Aid and Assistance the Maltster or his Workmen and Servants shall also give if required, to return all such Corn or Grain into the Cistern or Couch from which the same shall have been thrown, and to lay the whole of such Corn or Grain level again in such Cistern Officer of Excise suspecting any Cistern or Couch to be trodden or forced together, may have the same turned out and returned. What Increase to be deemed conclusive Evidence of treading or forcing together. So much of sters to sprinkle been wetted Fifty Hours, repealed. Cistern or Couch; and if any Increase shall be found in the Gauge or Quantity of such Corn or Grain, after being returned into and laid level again in the Cistern or Couch Frame, over and above the former Gauge taken before the same was thrown out, in any greater Proportions than those of Five Bushels in every One hundred Bushels previously to such Corn or Grain having been emptied Eight Hours from the Cistern, or Six Bushels in every One hundred Bushels if such Corn or Grain shall have been emptied from the Cistern Eight Hours and not emptied Sixteen Hours, or Seven Bushels in every One hundred Bushels if such Corn or Grain shall have been emptied from the Cistern Sixteen Hours or upwards, the Increase so respectively found as aforesaid shall be deemed conclusive Evidence of such Corn or Grain having been trodden or forced together, and the Court or Justices before whom such Evidence shall be given shall thereupon convict the Maltster or Maker of Malt in the Penalty imposed by the said recited Act of the Seventh and Eighth Years of His said Majesty's Reign; and every Maltster or Maker of Malt who, or whose Servants or Workmen shall, when directed by any Officer of Excise, refuse to throw out any Corn or Grain making into Malt from any Cistern or Couch, or to aid or assist, if required so to do, in returning the same into the Cistern or Couch from which the same shall have been thrown, shall forfeit One hundred Pounds: Provided always, that it shall be lawful to prove by any other or different Evidence that such Corn or Grain had been trodden or forced together. VI. And be it enacted, That so much of the said recited Act of the Eleventh Year of the Reign of His said Majesty as, after reciting that every Maltster and Maker of Malt is by the said recited Act of the Seventh and Eighth Years of the Reign of His said Majesty restricted from wetting, watering, or sprinkling any Corn or Grain making into Malt before the Expiration of Twelve Days or Two hundred and eighty-eight Hours after the same shall have been emptied or taken from or out of the Cistern, and that it is expedient to allow, under certain Regulations, Maltsters and Makers of Malt to water and sprinkle Corn or Grain making into Malt before the Expiration of Twelve Days or Two hundred and eighty-eight Hours, enacts "that it shall and may be lawful for any Maltster or Maker of Malt who shall have kept and continued any Corn or Grain making into Malt covered with Water in the Cistern for the full Space of Fifty Hours from the Time of such Corn or Grain being first wetted or steeped, and who shall not at the same Time have in the same Malthouse any other Corn or Grain on the Floor which shall have been kept and covered with Water for any less Space than Fifty Hours from the Time of the same being first wet or steeped, to wet, water, or sprinkle any such Corn or Grain at any Time after the Expiration of Eight Days or One hundred and ninety-two Hours after the same shall have been emptied or taken out of the Cistern; provided provided always, that every Maltster or Maker of Malt who shall wet, water, or sprinkle any Corn or Grain making into Malt contrary to the Regulations aforesaid shall be subject and liable to the Penalty in and by the said recited Act imposed for wetting, watering, or sprinkling Corn or Grain before the Expiration of Twelve Days or Two hundred and eighty-eight Hours," shall be and the same is hereby repealed. VII. And be it enacted, That it shall be lawful for any Maltster or Maker of Malt who shall have kept and continued any Corn or Grain making into Malt covered with Water in the Cistern for the full Space of Fifty Hours from the Time of such Corn or Grain being first wetted or steeped, and who shall not at the same Time have in the same Malthouse any other Corn or Grain in the Couch or on the Floor which shall have been kept covered with Water in the Cistern for any less Space than Fifty Hours from the Time of the same having been first wetted or steeped, to wet, water, or sprinkle any such Corn or Grain at the Expiration of Six Days or One hundred and forty-four Hours after the same shall have been emptied or taken out of the Cistern, on giving Notice to the Officer of Excise of his Intention to wet, water, or sprinkle such Corn or Grain Twenty-four Hours before wetting, watering, or sprinkling the same: Provided always, that every Maltster or Maker of Malt who shall wet, water, or sprinkle any Corn or Grain making into Malt before the Expiration of Twelve Days or Two hundred and eighty-eight Hours, except under the Regulations and on giving such Notice as aforesaid, shall be subject and liable to the Penalty imposed by the said recited Act of the Seventh and Eighth Years of the Reign of His said Majesty for such Offence. VIII. And be it enacted, That so much of the said recited Act of the Eleventh Year of the Reign of His said Majesty as enacts" that whenever the Duty upon Malt shall be charged by Gauge of the Corn or Grain taken whilst the same is in a State of Operation or in Process of making into Malt, such Allowances shall be made upon such Gauges as are therein-after mentioned; that is to say, upon every Gauge thereof taken by the Officer of Excise in the Cistern wherein the Corn or Grain is wetting or steeping to be made into Malt, during the Time which such Corn or Grain shall be kept and continued in such Cistern, or in the Couch Frame into which such Corn or Grain shall be emptied, or on the Floor, during the Period for which such Corn or Grain is by this Act before required to be kept and continued in such Couch Frame, and directed to be deemed in Couch, and gauged and taken account of as in such Couch, and Allowance shall be made by such Officer of Seventeen Bushels and One Half Bushel in every One hundred Bushels of the whole Quantity of the Corn or Grain so found by such Gauge; and upon every Gauge taken by the Officer of Excise of such Corn or Grain on the Floor after the Expiration of Twenty-six Hours, if such Corn or Grain shall have been previously gauged and taken account of in the Couch Frame, Maltsters may sprinkle Grain wetted Fifty Hours under certain Regu lations. So much of as relates to Allowances to 11 G. 4. c. 17. be made on gauging Corn or Grain making into Malt for the Charge of Duty, repealed. Allowances to be made on gauging Corn or Grain making into Malt for the Charge of Duty. Maltster may have 6 Floors, including the Couch and Kiln, in operation at the same Time. Frame, and if such Corn or Grain shall not have been so previously gauged then after the Expiration of Thirty Hours and before the Expiration of Seventy-two Hours from the Time when such Corn or Grain was emptied or taken from or out of the Cistern, an Allowance shall be made of One Third of the whole Quantity of the Corn or Grain so found by such Gauge as last aforesaid; and upon every Gauge afterwards taken by the Officer of Excise of such Corn or Grain before the same shall be dried an Allowance shall be made by such Officer of One Half of the whole Quantity of such Corn or Grain so found by such Gauge as last aforesaid; and the Duty of Excise on Malt when charged upon the Corn or Grain in a State of Operation or in Process of making into Malt as aforesaid shall be charged on the best of the several Gauges so taken as aforesaid after such Allowances shall have been so made thereon respectively as aforesaid," shall be and the same is hereby repealed. IX. And be it enacted, That in lieu of the Allowances hereby repealed there shall be made upon the Gauges of Corn or Grain taken whilst the same is in Operation or in Process of making into Malt the Allowances following; that is to say, upon every Gauge thereof taken by the Officer of Excise in the Cistern wherein the Corn or Grain is wetting or steeping to be made into Malt, during the Time that such Corn or Grain shall be kept and continued in such Cistern, or in the Couch Frame into which such Corn or Grain shall be emptied, or on the Floor, during the Period for which such Corn or Grain is by the said recited Act of the Eleventh Year of the Reign of His said Majesty required to be kept and continued in such Couch. Frame, or directed to be deemed in Couch, and gauged and taken account of as in Couch, an Allowance shall be made by such Officer of Eighteen Bushels and One Half Bushel in every One hundred Bushels of the whole Quantity of the Corn or Grain so found by such Gauge; and upon every Gauge taken by the Officer of Excise of such Corn or Grain on the Floor or on the Kiln after the Expiration of Twenty-six Hours if such Corn or Grain shall have been previously gauged and taken an Account of in the Couch Frame, or if such Corn or Grain shall not have been so previously gauged then after the Expiration of Thirty Hours, an Allowance shall be made by such Officer of One Half of the whole Quantity of such Corn or Grain found by such Gauge before the said Corn or Grain shall be wholly dried off and removed from the Kiln; and the Duty of Excise on Malt, when charged by Gauge upon the Corn or Grain in a State of Operation or in Process of making into Malt, shall be charged on the best of the several Gauges so taken as aforesaid after such Allowances shall have been so made thereon respectively as aforesaid. 6 X. And whereas by the said recited Act of the Seventh • and Eighth Years of the Reign of His said Majesty no Maltster or Maker of Malt is allowed at one and the same Time to • have more than Five Floors or Quantities of Corn or Grain • making |