36 C. 13. Anno tertio Georgii III. A.D. 1762. Treafury to pay all inci- LXX. Provided always, and be it enacted by the Authority aforefaid, That out of the Monies dtnt Charges attending arifing from the Contributions towards railing the faid Sum of three millions five hundred thoufand ii.e Execution of this Pound, any three or more of the Commiffioners of the Treafury, or the High Treafurer for the A(l > Time being, {hall have Power to difcharge all fuch incident Charges as (hall neceffarily attend the and to make an Allow- Execution of this Aft, in fuch Manner as to them (hall feern juft and reafonable ; and alio to fettle or.ee t.> thcdfliier and an d appoint fuch Allowances as fhall be thought proper for the Service, Pains and Labour of the Accordant General j f a jrj Cafhier or Cafhiers for receiving, paying and accounting for the faid Contributions; and alfo- fhall have Power to make out of the Fund by this Aft eftablifhed, or out of the Sinking Fund, fuch further Allowances as fhall be judged reafonable for the Service, Pains and Labour of the faid Ca- fhier or Cafhiers, for receiving, paying and accounting for the faid Annuities payable by virtue of this Act, and alfo for the Service, Pains and Labour of the faid Accomptant General for per- mit ar the nifpofal of forming the Tfuft repofed in him by this Act; all which Allowances to be made as afore - the Governor «nd Com- faid in refpect to the Service, Pains and Labour of any Officer or Officers of the faid Go- I«ny of the Bank. vernor and Company, fhall be for the Ufe and Benefit of the faid Governor and Company, and at their Difpofal only. jiank to continue a Cor- LXXI. Provided always, and be it further enacted by the Authority aforefaid, That the faid Go- poratioD till thefe An- vernor and Company of the Bank of England, and their Succeffors, notwithstanding the Redemption uuities be ledeemed, &c. f a |j or an y f t h e ir own Funds in purfuance of the Acts for eftablifhing the fame, or any of them, fhall continue a Corporation for the Purpofes of this Act, till all the Annuities by this Act granted fhall be redeemed by Parliament as aforefaid, and that the faid Governor and Company of the Bank of England, or any Member thereof, fhall not incur any Difability for or by Reafon of their doing any Matter or Thing in purfuance of this Act. No Fee to be taken for LXXII. And be it further enacted, That no Fee, Reward or Gratuity whatfoever, fhall be de- receiving or paying the mantled or taken of any of his Majefty's Subjects, for receiving or paying the faid Contribution- An n nuit , ies' O &c n0n ' eS ' mon ' es ? or an y of them, or for any Tallies or Receipts concerning the fame, or for iffuing the Mo- nies for paying the faid Annuities, or any of them, or for any Transfer of any Sum great or fmall to be made in purfuance of this Act ; upon Pain that any Offender, or Perfon offending by taking en Penalty of 20 ], or demanding any fuch Fee, Reward or Gratuity, fhall forfeit the Sum of twenty Pounds to the Party aggrieved, with full Cofts of Suit, to be recovered by Action of Debt, Bill, Plaint or Infor- mation, in any of his Majefty's Courts of Record at JVeJlminfter, wherein no EiToin, Protection, Privilege, or Wager of Law, Injunction, or Order of P-eftraint, or any more than one Imparlance, fhall be granted or allowed. LXXril. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons fhall at any Time or Times be fued, molefted or profecuted for any Thing by him or them done or executed in purfuance of, or by Colour of this Act, or of any Matter or Thing in this Act contain- Ceneral Ifluc, ed, fuch Perfon or Perfons fhall and may plead the General Iffue, and give this Act and the Special Matter in Evidence, in his or their Defence or Defences ; and if afterwards a Verdict fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall become nonfuited, or difcontinue his, her or their Action or Profecution, or Judgment fhall be given againft him, her or them, upon Treble Cofc. Demurrer or otherwife; then fuch Defendant or Defendants fhall have Treble Cofts awarded to Sie^Ga.^. c, 7. him, her or them, againft fuch Plaintiff or Plaintiffs. CAP. XIII. An A£t for more effectually feenring the Payment of the Duties upon Malt, by prevent- ing Frauds in the obtaining of Allowances, and the Mixing of frefh Corn or Grain with Corn or Grain making into Malt. Preamble, reciting Clan fe ' "BTTHEREAS by a Claufe in an Act of Parliament made in the thirty-third Year of his late in Art 33 Geo. 2. c. 7. « yy Majefty's Reign, intituled, An Atl for granting to his Majefty fever al Duties upon Malt, and f for raifing the Sum of eight millions by Way of Annuities and a Lottery, to be charged on the faid Duties ; ' and to prevent the fraudulent obtaining of Allowances in the gauging of Corn making into Malt; and for ' making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other
- ■ Orders, loft, burnt or otherwife deftroyed; it was enacted, That if from and after the eighth Day of
' February one thoufand feven hundred and fixty, any Malfter or Maker of Malt, during the Con- ' tinuance of the Duties on Malt, fhould not wet or fteep his Barley, or other Corn or Grain in- 5 tended to be made into Malt, in the Ciftern, Uting-fat, or other Veffel, fo as that the fame fhould ' be covered with Water, and continue fo covered in fuch Ciftern, Uting-fat, or other Veffel, for ' the full Space of forty Hours from the Time of its being firft wet and covered with Water as afore- 4 faid, before he fhould obtain or take, or draw the Water from the fame, fuch Malfter or Maker
- of Malt fhould in fuch Cafe not be intitled to the Allowance of four Bufhels in every twenty, in
' charging the faid Duties by Gauge either in the Ciftern or Couch : And whereas there is not any
- Provifion made by the faid Act for enabling the Officers of Excife to afcertain when fuch Corn or
4 Grain is firft begun to be fo wetted or fteeped, and confequently, whether fuch Malfter or Ma- ' ker of Malt, is intitled to fuch Allowance as aforefaid ; and by reafon of fuch Defect, the whole
- Purpofe of the faid Claufe has been intirely defeated : And whereas great Frauds have been com-
c mitted by the Mixing of Corn or Grain with Corn or Grain fteeping in order to be made into ' Malt,