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Penalty for obstructing officers, 100L

If officer, on searching an unentred house, &c. shall find candles, Sec. it shall be sufficient evidence to convi6t the offender.

Penalty iool.

quest: of such officer or officers immediately opened, or if such officer or officers is not permitted quietly to search and examine all such houses, work-houses or other places whatsoever, and also all chests, trunks, boxes, drawers or other like thing or thi ngs there found, or if, by keeping such houses, work-houses or other places, or such chests, trunks, boxes, drawers or other th-ing or things locked or otherwise fastned, or if, by any other ways or means whatsoever, such officer or officers mail be obstructed from or hind red or molested in such searching and examining any such house, work-house or other place whatsoever, or such chest, trunk, box, drawer or other like thing or things whatsoever, that then and in every such case and cases the offender therein shall forfeit and lose the sum of one hundred pounds.

XXV. And whereas ex else-officers coming to search the unentred houses, work-houses aud other places of private and clandestine makers of candles for sale', are by one means or other kept out of and not permitted to enter or go into such unentred houses, work-houses or places, until either a flop is put to the work there goi?ig on, or until the candles there privately made or making are carried off, but upon such their searches do find such other circumjl anc es and things in such posture and condition, as sufficiently demonstrate that at such time and tinies such private making os candles ivas carrying on, or just before had been there carried on; be it therefore enacted and declared by the authority aforesaid, That if from and after the said twenty fourth day of June one thousand seven hundred and twenty five, any excise-officer or officers, on his or their searching any unentred house, work-house or place, shall find candles, either made or making, or shall find tallow or other materials for making candles, melting or then melted, or cottons or rushes spread for the making of candles, or any copper or other vessel or utensil for melting tallow to be made into candles, or any mould or other utensil for the dipping or making candles, warm with tallow, or other materials for the making candles, remaining at the bottom or about the sides of such copper, mould or other vessel or utensil as aforesaid, such finding in such unentred house, work-house or other place, such tallow or other materials for making candles, so melting or melted, or such cottons or rushes so spread, or any such copper, mould or other vessel or utensil warm with tallow, or other materials remaining at the bottom or about the sides of such copper, mould or other vessel or utensil as aforesaid, shall be deemed to be and hereby is declared to be sufficient evidence to convict every the offender or offenders, in every such case and cases, of having at that time made use of such house, work-house or other place, or of such copper, mould or other vessel or utensil, and to subject and make him, her or them, where the same, or any of the particulars before mentioned, shall be found, liable to the aforesaid penalty and forfeiture of one hundred pounds, for having, at such time and times, made use of them, every or any of them, without having made such entry or entries thereof, as is before required, unless 2 the the party or parties prosecuted for the same shall give to the commissioners or justices respectively, before whom such prosecution shall depend, or be depending, such satisfaction therein, as shall to them respectively appear to be sufficient to acquit him, her or them of and from the same.

XXVI. And whereas such private and clandestine maker s sf candles . for sale as aforesaid\ do assume to themselves, and are called by other than their true names, and when discovered, to avoid being prosecuted for the same, do withdraw and abscond themselves, that they may not personally have notice of any prosecution for the same, or be served with any summons or process to answer the fame: for remedy'whereof, be it enacted by the authority aforesaid, That from and after What (hall be the said twenty fourth day of June one thousand seven hundred ful£m"n"to and twenty five, the leaving a summons at the place or places persons using where such discovery as aforesaid shall be made, directed to the unentred person or persons who (hall be prosecuted for making or having work-houses, made use os such unentred house, work-house or other place,

or of such unentred copper, mould or other vessel or utensil as aforesaid, for making candles for sale, directed to such person or persons by his, her or their right or assumed name or names, shall be deemed to be, and is hereby declared to be as legal and effectual notice and summons, to all intents and purposes, as if such notice or summons was personally given or delivered to or into the hands of the party or parties for whom the fame (hall be designed, and as if such notice or summons was directed to the party or parties to and for whom the fame shall be designed, by his, her or their proper name or names.

XXVII. And be it further enacted by the authority aforesaid, Making That if from and after the said twenty fourth day of June one candles wtththoufand seven hundred and twenty five, any chandler or maker ^ to of candles for sale shall begin to work upon, dip or make any forfeits 501. course or making of candles, not being mould 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 whose ♦ survey such chandler or maker of candles for sale shall be, a declaration in writing os his, her or their intention to make such course or making of candles, and of the particular hour or time of the day or night when such course or making is intended to be begun, and of the true number of sticks of which such course or making is intended to consist, and of the sizes and true number of candles intended to be made on every and each stick intended to be made in and at such making or course, every such chandler and maker of candles for sale, on every failure or default in all or any the particulars before-mentioned, or hav-* jng in and at such making or course more sticks or more candles, or larger or bigger candles on any stick or sticks in or of such making or course, than thall be mentioned in such declaration, shall, for every such offence, forfeit and lose the sum of fifty pounds, and if, after such declaration so made as aforesaid, such makjng or course of candles stiall not be begun and proceeded

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Upon at the hour and time or times mentioned in such declaration, or in three hours next after such hour and time, then every such declaration shall be and is hereby declared to be null and void.

What shall be XXVIII. And, for avoiding disputes of what shall or shall deemed to be not be deemed to be a beginning to work upon a making or tork on1agt°course of candles> be k further enacted and declared by the aucourse os thority aforesaid, That lighting any fire under any copper, candles. kettle or other utensil for the melting tallow or other materials for the making candles, or the rinding in such copper, kettle or other utensil, or in any mould or other utensil 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 mail be deemed to be, and are hereby declared to be, such a beginning to make and work upon such making of candles, as shall make and cause every such chandler or maker of candles for sale, where the same or any of them shall be found, subject and liable to the aforesaid penalty and forfeiture, and the aforesaid sum of fifty pounds. Candles not XXIX. And be it further enacted and declared by the authoentred, sound rity aforesaid, That if from and after the said twenty fourth day 'a£b£n er^ , of June one thousand seven hundred and twenty five, there shall

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of which the ®e found in the custody or poiieslion or any chandler or maker officer has no of candles for sale, any candles not mentioned in any entry or account, &c. entries of candles made by such chandler or maker of candles for sale, and of which the officer or officers, under whose survey such chandler or maker of candles for sale shall be, hath not had any declaration or account, and that the duties thereof have Chandler to not been duly charged and paid, that then and in every such pay the duty, case every such chandler and maker of candles for sale, where or liable to a fuch candles shall be so found, (hall be deemed to be and is hereby declared to be chargeable, and is hereby charged with, and shall pay the duties of such candles so found; and in case he, she or they do not pay off and discharge the said duties, shall be

unkse&c^ liable t0 the double duty of such c*ndks> unIess he> or 'f they shall prove that the duties thereof have been before paid by

him, her or them, or that he, she or they bought them of some other chandler or maker of candles for sale, who, before such buying thereof, had paid or been duly charged with the duties thereof, and shall also prove, that, by the space of six hours next before the buying thereof, he, she or they did give to the officer or officers, under whose survey he, she or they shall be, or at the next excise-office, notice in writing of his, her or their intention to buy such cancHes as shall be so found as aforesaid, and of whom they were or were intended to be bought.

XXX. And be it further enacted by the authority aforesaid, Mixing That if from and after the said twenty fourth day of June one candies, or re- thousand seven hundred and twenty five, any chandler or maker moving them, Qf can(]jeS for faje shall mix or mingle candles which have not i^^&^for- been du]Y weighed by the proper officer or officers of excise. fcSs 1001. with others which have been weighed, or shall, from the place

or or places of his, her or their making of candles, fraudulently remove candles before they have been weighed by the surveying officer or officers, or shall fraudulently hide or conceal any candles whatsoever, or materials for the making of candles, with intent to deceive his Majesty of or in his duties upon .candles, that ithen and in every such case respectively every such chandler .and maker of-candles for sale shall forfeit and lose the sum of one hundred pounds.

XXXI. And whereas by the statutes and laivs relating to the duties of excise, and to other duties under the receipt and management of the respective commissioners of excise, either as commissioners of excije> or as commissioners of those respective other duties, several and respective particular acts and things authorized by the said statutes to be done by the officer or officers of excise', and of and for the said other respective duties, some in the night-time, and others in the day-time^ are, by the said statutes, directed to be done in the presence of a coriJlable or other officer of the peace9 but not without such presence of such constable 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 ivitb such officers of and for the said du

'ties, and to be present at the doing and performing such aft and a£ts9 thing and things, at the doing and performing whereof their presence is absolutely necessary, and for want whtreof such afts have remained and do remain undone, whereby his Majesty's revenues arising by the said duties are very much lessened; for remedy whereof, be it enacted by the authority aforesaid, 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 excise On request of or of the duties before-mentioned, or any of them, to any con- an officer to a stable, headborough, or other ministerial officer of the peace, to Q^-^^0, go along with him or them, and to be present at the doing or conperforming of any such act or acts, thing or things, at the do- stable, &e. remg and performing whereof the presence of such constable, fusing, forfeits headborough or other officer of the peace, by the statutes alrea- 20 dy made or hereafter to be made, is or mall be necessary, such constable, headborough or other ministerial officer of the peace, shall refuse and neglect to go along with or to be present with such officer or officers of and for the said duties, or any of them, at the doing or performing such acts or acts, thing or things; and if such constable, headborough or other ministerial officer of the peace, after such request, mall not go along with such officer or officers, and shall not be present at the doing such act or acts, thing or things, at the doing and performing whereof the presence of such constable, headborough or other officer of the peace, by the said laws and statutes is or stiall be necessary; that then and in every such case such constable, headborough or other ministerial officer of the peace so refusing, neglecting and not going or being present, stiall, for every such offence, neglect or not going or being present, forfeit and lose the sum of twenty pounds.

XXXII, And whereas, notwithstanding the- aft made in the sixth 6 Geo-1. c.ax.

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year of his Majesty's reign, intituled, An act for preventing frauds and abuses in the publick revenues of excise, customs, stampduties, post-office and house-money, great difficulties have frequently arisen upon the trial of divers actions, and other prosecutions^ concerning his Majesty's revenue, or for resisting or obstructing the officers thereof in the execution of their offices, by requiring strict proof of the commffions, deputations or other authorities of such officers; for remedy thereof, be it further enacted by the authority aforesaid, That from and after the twenty fourth day of June in the year of our Lord one thousand seven hundred and twenty five, if, Is on trial of upon the trial of any information, action or suit whatsoever, rean informa- latingto his Majesty's customs or excise, or the duties upon salt, tion relating or tQ a 0tner duties whatsoever, or to any seizure or seizures, excise, fi-c. penalty or penalties, forfeiture or .forfeitures, touching or conany question cerning the said duties or any of them, or the collection thereat i(e whether 0f; or if upon the trial of any indictment, action, suit or proai-eossiceTo? ^ecu^on whatsoever, against any person or persons for any thing the dudes done by virtue or in pursuance of any act or acts of parliament relating to the said duties, or any of them; or if upon the trial of any information or indictment for assaulting, resisting or obstructing any officer or officers of the customs, excise or duties upon salt, or other duties due and payable to his Majesty, in the execution of his or their respective office or offices, or for rescuing'any goods or merchandizes seized or to be seized by any such officer or officers ; any question shall arise, whether any person be an officer of his Majesty, his heirs or successors, of or Proof shall be *or anY °^ ^e *"aic* duties: ^n every of the said cases, proof shall admitted that 2nd may be made and admitted, that such person was reputed he was reput- to be, and had acted in, and in fact exercised such office, and ed to be such at tjie respective time and times, when the matter or matters in outLprodVucin"o- controversy upon such trial or trials shall happen to have been the commit- & done or committed, or omitted to have been done or performgon, &c. ed, without producing or proving the particular commission, de^ putation or other authority, whereby such officer was constituted and appointed, and that in every such cafe such proof shall be deemed and taken by the judges or justices before whom any such trial shall be had, to be good and legal evidence, unless by other evidence the contrary shall be made to appear; any law or usage to the contrary hereof notwithstanding.

XXXIII. And whereas, by the unfair and fraudulent practices of some makers of fope, not only his Majesty s revenue, arising by and from the duties on fope, is vtery much lessened, but other makers of fope, and fair traders therein, are thereby very much discouraged and injured; for remedy'whereof, be it enacted by the authority aforesaid, That from and after the said twenty-fourth day of June Sope-makers one thousand seven hundred and twenty five, every maker and to give notice makers of sope respectively, before he, (lie or they doth, door os the time of shall begin to make or work upon any making of sope of any making Jbpe: fort or ^\m\ whatsoever, (hall give to the officer of tjie division or place where such sope is intended to be made, notice in writing of the particular time and hour when and at which such

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