Venue. valuable security, it shall be lawful in the order of committal by the justice of the peace before whom the offender shall be charged, and in the indictment to be preferred against such offender, to lay the property of any such chattel, money, or valuable security as aforesaid in the King's Majesty. V. AND be it enacted, that every offender against this Act may be dealt with, indicted, tried, and punished either in the county or place in which he shall be apprehended, or in the county or place where he shall have committed the offence. Judges of the Session may, in case of death, absence, &c. of any lord ordinary, make regulations for carrying on the business of the outer house. When the judges of the inner house are reduced below a quorum, they shall call in one of the lords ordinary to assist. CHAPTER V. AN ACT to provide for carrying on the Business of the Court of Session in WHEREAS by the laws now in force for regulating the proceedings in the Court of Session in Scotland no sufficient provision is made for carrying on the business of the said court in the event of the death, sickness, or necessary absence of any of the lords ordinary in the outer house, or in the event of the judges in either division of the inner house being reduced to less than a quorum by such casualties, whereby great delays and inconveniences have been suffered; and it is expedient that these should be remedied: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act it shall be competent to the judges of the Court of Session, or a quorum thereof, in the case of the death, sickness, or other necessary absence of any of the lords ordinary of either division of the court, or of the junior lord ordinary acting as ordinary on the bills, to make such regulations by act of sederunt as may be necessary for carrying on the business of the outer house, and that either by appointing one of the judges of either division of the inner house to officiate in the outer house or bill chamber during such absence of any of the above lords ordinary, or by appointing a lord ordinary of one division to act in such case protempore as an ordinary of the other division. II. AND be it further enacted, that in case of death, sickness, declinature, or necessary absence of any of the judges of the inner house of either division, the number of judges in such division shall be reduced to less than a quorum, it shall be in the power of the division so reduced in number, and they are hereby authorized and required, to call in one of the lords ordinary of the same or of the other division to sit and vote in the inner house until the number of judges in such division be again increased to a quorum. CHAPTER XVI. AN ACT to consolidate and amend the Laws regulating the granting and WHEREAS by certain Acts relating to the revenues of excise it is pro vided that certain commodities shall not be removed from any one place to any other place without a permit to accompany the same; and it is further provided that all such permits shall be granted and issued, obtained and used, under the rules, regulations, and provisions of the Acts in force for regulating the granting and issuing of permits: And whereas the laws in force in Great Britain and the laws in force in Ireland relating generally to the granting and issuing of permits for the removal and protection of goods and commodities, for the removal of which a permit is by the laws of excise required, contain different provisions and regulations, under which separate, distinct, and different forms of permits are required in Ireland from the form of permits in use in Great Britain: And whereas it is expedient that the provisions of the said laws should be uniform, and should be consolidated and amended: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that All excise all permits to be granted for the removal or conveyance of any commodities, for the removal of which a permit is or shall be required by any Act or Acts now in force or hereafter to be passed relating to the excise, shall be made and granted under the powers and directions of this Act. II. AND be it further enacted, that the commissioners of excise shall cause to be provided moulds or frames for the making of paper to be used in Great Britain and Ireland for permits, which paper shall have the words " excise office," with any other letters, figures, marks, or devices which the said commissioners shall direct, visible in the substance of such paper, and shall also cause to be provided plates engraved with such marks, stamps, and devices as to them shall seem meet, and from time to time may alter or vary any such plates, and may also cause to be provided types cast in any particular form for the printing, stamping, and marking the said paper; and all permits given by the respective officers of excise in the United Kingdom for the removal or conveyance of any commodity, for the removal of which a permit is by law required, shall be printed, stamped, and marked by the said plate or plates or types on paper so made as aforesaid; which said paper shall be made and the said plates engraven and types cast by such person or persons as shall be for that purpose from time to time authorized and appointed by the commissioners of excise under their hands and seals; and as well the said paper as the said plates so engraven and types so cast shall be kept by such officer or officers or other person as shall from time to time be appointed by the said commissioners for keeping the same; and no permit shall be printed, stamped, marked, or written, nor shall any permit be granted, in any part of the United Kingdom, by any officer of excise, but on paper so provided as aforesaid. permits to be granted accord ing to the made and provisions of this Act. Commissioners of excise to provide moulds for making paper to be plates and types for printing permits. used for, and III. AND be it further enacted, that every person who shall make, or cause Unauthorized or procure to be made, or shall aid or assist in the making, or shall knowingly persons making or having in their possession moulds with the words "excise office," &c., and persons forging or counterfeiting excise paper, or plates or types, or having the same in their possession, to be deemed guilty of felony, and be subject to transportation or imprison ment. Persons forging or counterfeit ing permits, or uttering or using forged or counterfeited permits, to be deemed guilty of a misde meanor, and be subject to transportation or imprisonment. have in his, her, or their custody or possession, not being authorized by the said commissioners, and without lawful excuse, the proof whereof shall lie on the person accused, any mould or frame or other instrument having therein the words "excise office," or any other words, figures, marks, or devices peculiar to and appearing in the substance of the paper used by the said commissioners for permits, or with any or part of such words, figures, marks, or devices, or any of them, intended to imitate or pass for the same; and every person, except as before excepted, who shall make, or cause or procure to be made, or aid or assist in the making, any paper in the substance of which the words "excise office," or any other words, figures, marks, or devices peculiar to or appearing in the substance of the paper used by the commissioners of excise for permits, or any part of such words, figures, marks, or devices, or any of them, intended to imitate and pass for the same, shall be visible; and every person, except as before excepted, who shall knowingly have in his, her, or their custody or possession, without lawful excuse, (the proof whereof shall lie on the person accused,) any paper whatever in the substance of which the words " excise office," or any other words, figures, marks, or devices peculiar to and appearing in the substance of paper used by the commissioners of excise for permits, or any part of such words, figures, marks, or devices, or of any of them, intended to imitate and pass for the same, shall be visible; and every person, except as before excepted, who shall, by any art, mystery, or contrivance, cause or procure, or aid or assist in causing or procuring, the words " excise office," or any other words, figures, marks, or devices peculiar to and appearing in the substance of the paper used by the commissioners of excise for permits, or any or part of such words, figures, marks, or devices, or any of them, intended to imitate and pass for the same, to appear visible in the substance of any paper whatever; and every person not authorized or appointed as aforesaid, who shall engrave, cast, cut, or make, or cause or procure to be engraved, cast, cut, or made, or aid or assist in engraving, casting, cutting, or making, any plate, type, or other thing in imitation of or to resemble any plate or type made or used by the direction of the commissioners of excise for the purpose of marking or printing the paper to be used for permits; and every person, except as before excepted, who shall knowingly have in his or her custody or possession, without lawful excuse, proof whereof shall lie on the person accused, any such plate or type; shall for every such offence be adjudged a felon, and shall be transported for the term of seven years, or shall be imprisoned, at the discretion of the court before whom such person shall be tried, for any period not less than two years. IV. AND be it further enacted, that every person who shall counterfeit or forge, or cause or procure to be counterfeited or forged, or assist in counterfeiting or forging, any permit or any part of any permit, or shall counterfeit any impression, stamp or mark, figure or device, provided or appointed or to be provided or appointed by the commissioners of excise to be put on such permit, or shall utter, give, or make use of any counterfeited or forged permit, knowing the same or any part thereof to be counterfeited or forged, or shall utter, give, or make use of any permit with any such counterfeited impression, stamp or mark, figure or device, knowing the same to be counterfeited; or if any person or persons shall knowingly or willingly accept or receive any counterfeited or forged permit, or any permit with any such counterfeited impression, stamp or mark, figure or device thereon, knowing the same to be counterfeited; shall for every such offence be adjudged guilty of a misdemeanor, and shall be transported for the term of seven years, or fined and imprisoned, at the discretion of the court. V. AND be it further enacted, that no permit shall be granted by any officer A request note to be produced of excise until a request note or requisition in writing shall have been delivered before a permit by or in behalf of the person requiring such permit; and every permit which is granted. shall be granted without a request note or requisition being delivered in manner required by this Act shall be actually void, and shall not protect any goods, wares, or merchandize mentioned in such permit. to contain VI. AND be it further enacted, that every request note for any permit shall Request note contain the date thereof, and the name of the place from which and the place certain parto which the commodities therein mentioned are to be carried, and the mode of ticulars and be signed. conveyance by which such commodities are to be removed, and shall likewise contain the real name and surname and place of abode of the person or persons sending such commodities, and of the person to whom they are to be sent, and, in case of a company or copartnership, the name of the firm, company, or copartnership, together with such other particulars as the commissioners of excise shall from time to time direct or appoint, or as shall be required by any Act or Acts relating to the commodities in respect of which the permit shall be required; and every such request note shall be signed by the person requiring the permit, or by his or her known clerk or servant; and no permit shall be granted on any request note which shall not be so signed, and contain the several particulars aforesaid: Provided always, that no such request note or Request notes requisition shall be liable to any stamp duty thereon. VII. AND be it further enacted, that every permit to be granted for the removal of any commodities shall be made out in conformity with the request note; and every such permit shall be in such form, and shall be marked, stamped, and printed with such stamps, marks, figures, and devices, and shall contain such particulars, as the commissioners of excise shall direct. not liable to stamp duty. Form, &c. of permits. Permit to limit which it is to the time for VIII. AND be it further enacted, that every officer of excise empowered to grant permits shall express and limit in every permit granted by him, as well the time during which such permit shall be in force for removing the commo- be in force, dities for which the permit shall be obtained from and out of the stock of the person taking out such permit, as also the time within which the same commodities shall be delivered and actually received into the stock of the person or persons to whom the same shall be so permitted to be sent; and every permit which shall not be actually used, as directed by this Act, within the time expressed and limited in such permit, shall within the said time be returned and re-delivered by the person who shall have obtained the same to the proper officer of excise; and if any permit shall not be so returned as aforesaid, and upon taking an account, by any officer or officers of excise, of the stock remaining in the hands or custody of the person or persons from or out of time to be whose stock the commodities mentioned in such permit were thereby authorized to be removed, there shall not appear a sufficient decrease to answer the removal of the commodities mentioned in such permit, then the person or persons from or out of whose stock the commodities mentioned in such permit were thereby authorized to be removed shall forfeit and lose the like quantity of commodities so permitted to be removed, and not removed according to such Goods not delivered in removed or forfeited. Goods seized which have been delayed accident or necessity shall permission, and the same may be seized by any officer of excise; and in case any commodities specified in any permit shall be removed from the stock of the person taking out such permit, and the same shall not, within the time expressed and limited in such permit, be actually delivered and received into the stock of the person or persons to whom the same are mentioned in such permit to be sent, then and in every such case all such commodities so removed as aforesaid shall be deemed to be goods removed or removing without permit, and shall be forfeited and seized accordingly. IX. PROVIDED always, and be it further enacted, that in case any goods or commodities shall, by any unavoidable accident or necessity, be delayed, and by unavoidable thereby be prevented from being delivered into the stock or stocks of the persons to whom such goods shall be sent within the time limited and expressed in the permit, that then and in every such case the court or jurisdiction where any information shall be brought for the condemnation of any such seizure shall, upon proof of such unavoidable accident or necessity, direct the goods or commodities so seized to be restored to the owner or claimer thereof, any thing herein-before contained to the contrary notwithstanding. be restored upon proof given. Penalty on sending out or delivering or receiving goods without permit, 2001. All goods removed, &c. without permit X. AND be it further enacted, that every person who shall remove, deliver, or send out, or cause or suffer to be removed, delivered, or sent out, from his stock, custody, or possession, any commodities for the removal whereof a permit is or shall be required, without a proper permit accompanying the same, or who having obtained a permit shall not send out therewith the commodities therein described, or return and re-deliver the said permit to the proper officer of excise within the time herein-before required, and every person who shall take or receive or suffer to be taken or received into or shall have in his, her, or their stock, custody, or possession, any commodities for the removal whereof a permit is required, without a proper permit accompanying or having accompanied the same, shall forfeit for every such offence two hundred pounds. XI. AND be it further enacted, that all commodities for the removal whereof a permit is required, which shall be or shall have been delivered, removed, or to be forfeited, sent out, or which shall be found removing, carrying, or conveying, or which and the person shall be received, without a proper permit accompanying the same, shall be conveying them to forfeit forfeited, and may be seized by any officer of excise; and every carrier, master of a vessel, boatman, and other person who shall be found or shall knowingly have been employed or engaged in, or shall knowingly aid or assist or have aided or assisted in, delivering, removing, carrying, or conveying any such commodities without a proper permit accompanying the same, shall forfeit two hundred pounds. 2001. If goods for which a permit is required are delivered without one, the seller shall not recover the price by action; and if purchaser has paid the price, he may recover it within twelve months. XII. AND be it further enacted, that in any action or suit, at law or in equity, on any bond, bill, note, or other security, contract, agreement, promise, or undertaking, where the whole or any part of the consideration thereof shall be for the value or price of any commodities for the removal of which a permit is or shall be required, and for and with which a proper permit shall not have been given, the defendant in such action or suit may plead and give in evidence that such commodities were delivered without a permit accompanying them; and if the jury shall find that such goods were delivered without a true and lawful permit having been obtained for the removal thereof, they shall find a verdict for the defendant; and if such commodities shall have been sold for |