Penalty for obftructing officers, 100l. If officer, on fearching an unentred candles, &c. ficient evi dence to convict the offender. quest of fuch officer or officers immediately opened, or if, fuch XXV. And whereas excife-officers coming to fearch the unentred houses, work-houses and other places of private and clandeftine makers of candles for fale, are by one means or other kept out of and not permitted to enter or go into fuch unentred houses, work-houses or places, until either a stop is put to the work there going on, or until the candles there privately made or making are carried off, but upon fuch their fearches do find fuch other circumstances and things in fuch pofture and condition, as fufficiently demonftrate that at fuch time and times fuch private making of candles was carrying on, or just before had been there carried on; be it therefore enacted and declared by the authority aforefaid, That if from and after the faid twenty fourth day of June one thousand feven hundred and twenty five, any excife-officer or officers, on his or their fearching any unentred houfe, work-houfe or place, fhall find candles, either made or making, or fhall find tallow or other materials for making candles, melting or then melted, or cottons or rufhes fpread for the making of candles, or any copper or other veffel or utenfil for melting tallow to be made into candles, or any mould or other utenfil for the dipping or making candles, warm with tallow, or other materials for the making candles, remaining at the bottom or about the fides of fuch copper, mould or other veffel or utenfil as aforefaid, fuch finding in fuch unentred house, work-house or other place, fuch tallow or other materials for making candles, fo melting or melted, or such cottons or rushes fo spread, or any fuch copper, mould or other veffel or utenfil warm with tallow, or other materials remaining at the bottom or about the fides of such copper, mould or other veffel or utenfil as aforefaid, fhall be deemed to be and hereby is declared to be fufficient evidence to convict every the offender or offenders, in every such case and cafes, of having at that time made ufe of fuch house, work-house or other place, or of such copper, mould or other veffel or utenfil, and to fubject and make him, her or them, where the fame, or any of the particulars before Penalty rool. mentioned, fhall be found, liable to the aforefaid penalty and forfeiture of one hundred pounds, for having, at fuch time and times, made use of them, every or any of them, without having made fuch entry or entries thereof, as is before required, unlefs 2 the 1 the party or parties profecuted for the fame fhall give to the commiffioners or justices respectively, before whom fuch profecution fhall depend, or be depending, fuch fatisfaction therein, as fhall to them respectively appear to be fufficient to acquit him, her or them of and from the fame. a fufficient fummons to XXVI. And whereas fuch private and clandeftine makers of candles. for fale as aforefaid, do affume to themselves, and are called by other than their true names, and when difcovered, to avoid being profecuted for the fame, do withdraw and abfcond themselves, that they may not perfonally have notice of any profecution for the fame, or be served with any fummons or process to answer the fame: for remedy 'whereof, be it enacted by the authority aforefaid, That from and after What shall be the faid twenty fourth day of June one thousand seven hundred and twenty five, the leaving a fummons at the place or places perfons ufing where such discovery as aforefaid shall be made, directed to the unentred person or perfons who fhall be profecuted for making or having work-houses. made ufe of fuch unentred house, work-house or other place, or of such unentred copper, mould or other veffel or utenfil as aforefaid, for making candles for fale, directed to fuch perfon or persons by his, her or their right or affumed name or names, shall be deemed to be, and is hereby declared to be as legal and effectual notice and fummons, to all intents and purposes, as if fuch notice or fummons was perfonally given or delivered to or into the hands of the party or parties for whom the fame shall be designed, and as if fuch notice or fummons was directed to the party or parties to and for whom the fame fhall be defigned, by his, her or their proper name or names. the officer XXVII. And be it further enacted by the authority aforefaid, Making That if from and after the faid twenty fourth day of June one candles withthousand seven hundred and twenty five, any chandler or maker out notice to of candles for sale shall begin to work upon, dip or make any forfeits 501. course or making of candles, not being inould candles, or, in order thereto, shall make any of the preparations herein after mentioned, without first making and delivering, or causing to be made and delivered, to the officer or officers under whofe furvey fuch chandler or maker of candles for sale shall be, a declaration in writing of his, her or their intention to make fuch course or making of candles, and of the particular hour or time of the day or night when such courfe or making is intended to be begun, and of the true number of sticks of which fuch course or making is intended to confift, and of the fizes and true number of candles intended to be made on every and each stick intended to be made in and at fuch making or courfe, every fuch chandler and maker of candles for fale, on every failure or default in all or any the particulars before-mentioned, or having in and at fuch making or courfe more fticks or more candles, or larger or bigger candles on any stick or fticks in or of fuch. making or courfe, than thall be mentioned in fuch declaration, fhall, for every fuch offence, forfeit and lofe the fum of fifty pounds, and if, after fuch declaration fo made as aforefaid, fuch making or courfe of candles fhall not be begun and proceeded T3 upon What fhall be work on a course of candles. upon at the hour and time or times mentioned in fuch declaration, or in three hours next after fuch hour and time, then every fuch declaration shall be and is hereby declared to be null and void. XXVIII. And, for avoiding difputes of what fhall or shall deemed to be not be deemed to be a beginning to work upon a making or a beginning to courfe of candles, be it further enacted and declared by the authority aforefaid, That lighting any fire under any copper, kettle or other utenfil for the melting tallow or other materials for the making candles, or the finding in fuch copper, kettle or other utenfil, or in any mould or other utenfil for the dipping. of candles, tallow or other materials for the making of candles melted or melting, or cottons or rushes spread or spreading, every or any of them fhall be deemed to be, and are hereby declared to be, fuch a beginning to make and work upon fuch making of candles, as fhall make and caufe every fuch chandler or maker of candles for fale, where the fame or any of them fhall be found, fubject and liable to the aforefaid penalty and forfeiture, and the aforefaid fum of fifty pounds. Candles not account, &c. XXIX. And be it further enacted and declared by the authoentred, found rity aforefaid, That if from and after the faid twenty fourth day in chandlers of June one thoufand feven hundred and twenty five, there fhall poffeffion, and of which the be found in the cuftody or poffeffion of any chandler or maker officer has no of candles for fale, any candles not mentioned in any entry or entries of candles made by fuch chandler or maker of candles for fale, and of which the officer or officers, under whose furvey such chandler or maker of candles for fale fhall be, hath not had any declaration or account, and that the duties thereof have not been duly charged and paid, that then and in every fuch pay the duty, cafe every fuch chandler and maker of candles for sale, where or liable to a fuch candles fhall be fo found, fhall be deemed to be and is hereby declared to be chargeable, and is hereby charged with, and fhall pay the duties of fuch candles fo found; and in cafe he, The or they do not pay off and discharge the said duties, fhall be double duty, liable to the double duty of fuch candles; unlefs he, fhe or Chandler to unlefs, &c, Mixing they shall prove that the duties thereof have been before paid by him, her or them, or that he, fhe or they bought them of fome other chandler or maker of candles for fale, who, before such buying thereof, had paid or been duly charged with the duties thereof, and fhall alfo prove, that, by the space of fix hours next before the buying thereof, he, fhe or they did give to the officer or officers, under whofe furvey he, fhe or they fhall be, or at the next excife-office, notice in writing of his, her or their intention to buy fuch candles as fhall be fo found as aforefaid, and of whom they were or were intended to be bought. XXX. And be it further enacted by the authority aforefaid, That if from and after the faid twenty fourth day of June one candles, or re- thoufand feven hundred and twenty five, any chandler or maker moving them, of candles for fale fhall mix or mingle candles which have not ing, &c. for- been duly weighed by the proper officer or officers of excise with others which have been weighed, or fhall, from the place feits zool. or places of his, her or their making of candles, fraudulently remove candles before they have been weighed by the furveying officer or officers, or fhall fraudulently hide or conceal any candles whatsoever, or materials for the making of candles, with intent to deceive his Majefty of or in his duties upon candles, that then and in every such case respectively every fuch chandler and maker of candles for fale fhall forfeit and lofe the fum of one hundred pounds. XXXI. And whereas by the ftatutes and laws relating to the duties of excife, and to other duties under the receipt and management of the respective commiffioners of excife, either as commiffioners of excife, or as commissioners of thofe refpective other duties, feveral and refpective particular acts and things authorized by the faid ftatutes to be done by the officer or officers of excife, and of and for the faid other refpective duties, fome in the night-time, and others in the day-time, are, by the faid ftatutes, directed to be done in the prefence of a conStable or other officer of the peace, but not without fuch presence of Such conftable or other officer of the peace: and whereas of late conStables and officers of the peace, upon request duly made to them, have refused and do refuse to go with fuch officers of and for the faid duties, and to be prefent at the doing and performing fuch act and acts, thing and things, at the doing and performing whereof their prefence is abfolutely neceffary, and for want whereof fuch acts have remainea and do remain undone, whereby his Majesty's revenues arising by the faid duties are very much leffened; for remedy whereof, be it enacted by the authority aforefaid, That if from and after the said twenty fourth day of June one thousand seven hundred and twenty five, upon due request made by any officer or officers of excife On request of or of the duties before-mentioned, or any of them, to any con- an officer to a stable, headborough, or other minifterial officer of the peace, to constable, &c. go along with him or them, and to be present at the doing or to go with performing of any fuch act or acts, thing or things, at the do- ftable, &c. reing and performing whereof the prefence of fuch constable, fufing, forfeits headborough or other officer of the peace, by the statutes alrea- 201. dy made or hereafter to be made, is or fhall be neceffary, fuch constable, headborough or other ministerial officer of the peace, fhall refuse and neglect to go along with or to be prefent with fuch officer or officers of and for the faid duties, or any of them, at the doing or performing such acts or acts, thing or things; and if fuch conftable, headborough or other ministerial officer of the peace, after fuch requeft, fhall not go along with fuch of ficer or officers, and shall not be present at the doing such act or acts, thing or things, at the doing and performing whereof the prefence of fuch conftable, headborough or other officer of the peace, by the faid laws and ftatutes is or fhall be necessary; that then and in every fuch cafe fuch conftable, headborough or other ministerial officer of the peace fo refufing, neglecting and not going or being prefent, fhall, for every fuch offence, neglect or not going or being prefent, forfeit and lofe the fum of twenty pounds. him, con XXXII. And whereas, notwithstanding the act made in the fixth 6 Geo-1. c.21. Та year If on trial of an information relating to the customs, excife, &c. any question arife whether the perfon be an officer of the duties, year of his Majesty's reign, intituled, An act for preventing frauds and abufes in the publick revenues of excife, customs, ftampduties, poft-office and house-money, great difficulties have frequently arifen upon the trial of divers actions, and other profecutions, concerning his Majesty's revenue, or for refifting or obstructing the officers thereof in the execution of their offices, by requiring ftrict proof of the commiffions, deputations or other authorities of fuch officers; for remedy thereof, be it further enacted by the authority aforefaid, That from and after the twenty fourth day of June in the year of our Lord one thousand seven hundred and twenty five, if, upon the trial of any information, action or fuit whatfoever, relating to his Majefty's customs or excife, or the duties upon falt, or to any other duties whatfoever, or to any feizure or seizures, penalty or penalties, forfeiture or forfeitures, touching or concerning the faid duties or any of them, or the collection thereof; or if upon the trial of any indictment, action, fuit or profecution whatfoever, against any perfon or perfons for any thing done by virtue or in purfuance of any act or acts of parliament relating to the faid duties, or any of them; or if upon the trial of any information or indictment for affaulting, refifting or obftructing any officer or officers of the cuftoms, excise or duties upon falt, or other duties due and payable to his Majefty, in the execution of his or their refpective office or offices, or for refcuing any goods or merchandizes feized or to be feized by any fuch officer or officers; any question fhall arise, whether any perfon be an officer of his Majefty, his heirs or fucceffors, of or Proof shall be for any of the faid duties: in every of the faid cafes, proof fhall admitted that and may be made and admitted, that fuch perfon was reputed he was reput- to be, and had acted in, and in fact exercised fuch office, and ed to be fuch at the refpective time and times, when the matter or matters in officer, without producing controverfy upon fuch trial or trials fhall happen to have been done or committed, or omitted to have been done or performed, without producing or proving the particular commiffion, deputation or other authority, whereby fuch officer was conftituted and appointed, and that in every fuch cafe fuch proof shall be deemed and taken by the judges or juftices before whom any fuch trial shall be had, to be good and legal evidence, unless by other evidence the contrary fhall be made to appear; any law or ufage to the contrary hereof notwithstanding. the commiftion, &c. XXXIII. And whereas, by the unfair and fraudulent practices of fome makers of fope, not only his Majesty's revenue, arifing by and from the duties on fope, is very much lesened, but other makers of Sope, and fair traders therein, are thereby very much difcouraged and injured; for remedy 'whereof, be it enacted by the authority aforefaid, That from and after the faid twenty-fourth day of June one thousand seven hundred and twenty five, every maker and Sope-makers to give notice makers of fope respectively, before he, fhe or they doth, do or of the time of shall begin to make or work upon any making of fope of any making fope: fort or kind whatsoever, fhall give to the officer of the divifion or place where fuch fope is intended to be made, notice in writing of the particular time and hour when and at which fuch making |