XXI. And for the Encouragement of the Exportation of Spirits, drawn or made in Great Britain, from the Materials aforefaid, or any of them; Be it enacted by the Authority aforesaid, Drawback of the Duties allowed on Exportation of Spirits made in Great Britain, That from and after the said first Day of July one thousand seven hundred and fifty-one, there shall be a Drawback or Allowance of the several and respective Duties charged by this Act, on such Spirits so drawn or made in Great Britain, which shall be exported to Parts beyond the Seas; and upon Oath being made before any two or more of the Commissioners of Excise, or Justices of the Peace for the County or Place from whence any such Sprits are intended to be exported, that the Duties of the same are duly entered and paid, and that the same are exported for Merchandize to be spent beyond the Seas; and upon producing a Certificate under the Hands of the Officers of Excise for the Port or Place where such Spirits were shipped, of the Quantities so shipped, and that the same were shipped in the Presence of such Officers; the Distiller or Distillers, or other Person or Persons exporting the same, shall be allowed or paid back by the Commissioners of Excise, or their Collector, for the Port or Place where such Spirits shall be shipped off, the several Duties charged thereupon by this Act accordingly. Brewers, Inn-keepers, Distillers or Dealers in Spirits, &c. not to act as Justices relating to the Distillery. XXII. And be it further enacted by the Authority aforesaid, That from and after the said first Day of July one thousand seven hundred and fifty-one, no Person or Persons whatsoever, being a common Brewer of Ale or Beer, or Innkeeper, Distiller or other Seller of or Dealer in any Kind of Spirituous Liquors, or who is, or are or shall be interested in any of the said Trades or Businesses, shall, during such Time as he or they shall be such common Brewer, Innkeeper, Distiller or other Seller of or Dealer in Spirituous Liquors, or interested in any of the said Trades or Businesses, be capable or have any Power to act, or shall be directly or indirectly concerned in acting as a Justice of the Peace, in any Matter or Thing whatsoever, which shall any ways concern the Execution of the Powers or Authorities given or granted by any Act or Acts of Parliament, in any wife relating to Distillers or Makers of Low Wines, Spirits or Strong Waters for Sale, or to the Duty or Duties imposed upon Low Wines, Spirits or Strong Waters, or any other Kind of Spirituous Liquors whatsoever, or to the granting Licences to the Retailers of Spirituous Liquors.
'XXIII. And whereas it has been doubted whether the several Powers, Authorities, Directions, Rules, Methods, Penalties, Punishments and Forfeitures, Clauses, Matters and Things which were provided, settled, directed, established or imposed by any Act or Acts of Parliament made since the sixth Year of his present Majesty's Reign, relating to the selling Spirituous Liquors without Licence, might be lawfully exercised, imposed, inflicted and recovered against any Person for retailing Spirituous Liquors, in less Quantity than two Gallons, in regard the Quantity of Spirituous Liquors which might be lawfully sold without Licence, without subjecting the Seller thereof to be deemed a Retailer of Spirituous Liquors, is different in the said Act16 Geo. 2. c. 8. of the sixteenth Year of his present Majesty's Reign, from that in the seventeenth Year of his said Majesty's Reign17 Geo. 2. c. 17., (intituled, An Act for granting to his Majesty the Surplus or Remainder of the Monies arisen or to arise by the Duties on Spirituous Liquors, granted by an Act of the last Session of Parliament; and for explaining and amending the said Act, in relation to the Retailers of such Liquors, and for establishing an Agreement with the United Company of Merchants of England, trading to the East-Indies;) The Powers and Penalties, &c. provided by any Acts made since 6 Geo. 2. relating to the selling Spirituous, Liquors. Now in order to put an end to such Doubts, Be it enacted and declared, That all and every the Powers, Authorities, Directions, Rules, Methods, Penalties, Punishments and Forfeitures, Clauses, Matters and Things, provided, settled, directed, established or imposed, by any Act or Acts of Parliament made since the sixth Year of his present Majesty's Reign, relating to the selling Spirituous Liquors without Licence, (except the Forfeiture or Penalty of one hundred Pounds imposed by an Act of the ninth Year of his present Majesty's Reign, intituled, An Act for laying a Duty upon the Rtailers of Spirituous Liquors; and for licensing the Retailers thereof,) Exception. may for the future, and from the Time of the Commencement of the said Act of Parliament, made in the seventeenth Year of his present Majesty's Reign, might have been lawfully exercised, practised, applied, used, imposed, inflicted, levied and to be in Force. recovered, in regard to all and every Person and Persons that have offended, or shall offend against the said Acts of the sixteenth and seventeenth Years of his said Majesty's Reign, or this Act, or any or either of them, in like manner as they might have been, in relation to Persons offending against the said several and respective Acts, or any of them, made since the sixth Year of his said present Majesty's Reign.
'XXIV. And whereas by a Claufe in an Act of Parliament palled in the ninth Year 9 Geo. 2. c. 23. of his present Majesty, (intituled, An Act for laying a Duty upon the Retailers of Spirituous Liquors, and for licensing the Retailers thereof) it is enacted, That nothing in the same Act contained should extend to enable any Person to sell any Spirituous Liquors or Strong Waters by Retail, unless such Person be first licensed by two or more Justices of the Peace for the County or Place where such Person should sell the said Liquors, under the Hands and Seals of the said Justices; for which Licence or Licences the Sum of two Shillings and fix Pence, and no more, should be paid to the Clerks of such Justices, and no Fee or Sum of Money, or other Reward whatsoever, to the Clerk or Clerks of the Peace for entering the same, or on any other Account, on Pain of forfeiting five Pounds, in case any of the said Justices Clerks, or any Clerk of the Peace, should ask or receive any Fee, other than as above, on account of such Licences: And whereas by another Clause in an Act of Parliament palled in the sixteenth Year16 Geo. 2. c. 3. of the Reign of his present Majesty, (intituled, An Act for repealing certain Duties on Spirituous Liquors, and on Licences for retailing the same; and for laying other Duties on Spirituous Liquors, and on Licences to retail the said Liquors) the said first-recited Act is in part repealed; and some Doubts having arisen, whether the said first-recited Clause, limiting the Fees for Licences to two Shillings and six Pence each, be repealed or not, the Clerks of Justices of the Peace, in many Parts of this Kingdom, have taken larger Fees for such Licences, contrary to the Intention of the said Act: Andwhereas
