
§ 15; in Part repealed.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 &  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 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 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. 
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 such Tun or Brewing
Vessel into any other Place.
VI. 
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. 
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. 
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. 
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. 
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. 
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.