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The Fifth Report Fees, Gratuities, Perquisites Ireland


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The Fifth Report Fees, Gratuities, Perquisites Ireland

Date of Article: 18/03/1807
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No. ON . FEES, GRATUITIES, I03 Ihis Behalf, were in 1ft Inftanc s lev" d In^ F ™ ^ KT" 8 ^^ * Snnnr^ rn nf nr. Wnf^ r n-, •, d thls Exan" nant believes a temporary ouppreiiicn ot unhcenfed Diftillenes m the mountainous Parts of thefe Counties was o'carrv ^ laft Circuit he was a. aTn em^ lo^ d to carry on Proceedings for the Recovery of fimilar Penalties, in the Counties of ? oyr ' and? ary' andcrha; man7 Informations were'again laid before the Court. But as in many Inftances a Stock Purie had been raifed to defend the Pan hes, and Agents and Counfel were employed for that Purpofe, the Number of the Tra- verfes, and the nme fpent m advocating each C, fe, made it almoft impoffible for the Court to get through any confidence Number of them; and that the Parifhes thereby fucceeded in having a great many of the Trials poftpoued ( more efoeciallv in the Counties of 1 yrone and Donegal) till the next Affixes. That on feveral Trials in the Counties of Tyrone, Donegal, and Derry, the Juries - L raverfers> chiefly uPon the Ground that the Witness could not afcertain the Panfh in which the Seizures had been made, but from Belief or general Repu- tation,^ Difficulty again ft which it was not eafy to provide ; as Seizures often took place in mountainous Places, at a Diftance from any Houfe or diftinft Land- marks, and frequently in the Night, and by Officers who had been lately put in charge of their Surveys of Walks, and were unacquainted with the Country. That as fewer Trials had come on, and fewer Conviftions had then taken place, than at the preceding Spring Affixes, thePenalties recovered were not Efficiently felt, to make it every Man's Intereft to difcourage unlicenfed Diftilleries in his Parifh, and private Stills were foon again at work ; though he thinks, from all the Information he could collect, by no Means to fo great an Extent as formerly. That he is ftrongly impreffed with the Opinion, that a fteady and attentive Perfe- verance in enforcing the Provifions of the Ad, will work a Cure of the Evil ; though he thinks the Law might be rendered more efficacious by Amendment in fome^ Par- ticulars. And as a Remedy for the Difficulty of proving the Parifh or Townland, he fuggefts the Expediency of charging the Penalty for every unlicenfed Still, or other Utenfil, feized, and all illegal Pot Ale or Singlings found, as the Cafe may be, upon that Townland or Parifh to which fhall belong the Houfe next to the Place where ; he fame fhall be feized or found ; and if two or more Houfes fhould be at nearly equal Diftances from fuch Place, but in different Towns, on cither or both of them, at the Option of the Informant, fo that the Proof would be that a Still was feized on the day of that the Houfe of A. B. or Houfes of A. B. and C. D. were the next adjoining Habitations, and that the faid A. B. or A. B. and C. D. were refpettively applotted with and paid County Cefs, as Part of the Townland of or Townlands of and and every Collector or Applotter of Public Money might be required to attend in Court with his Books, during the Trial of all fuch Informations, and thus the Proof would be made both fimple and fatisfa& ory. That many well- informed Perfons in the Country, are of Opinion, that the licenfing Stills of Two or Three hundred Gallons Content in thofeDiftrias where illegal Diftilleries are moft prevalent, would have the Fffed of providing a fufficient Market for the Corn of thofe Countries, and of interefting both Farmer and licenfed Diftiller in the Supprefficn of private Stills. This Examinant fays, that upon the Conftruftion of that Part of the laft Aft, which directs the Application of the Penalties after deducting Cofts, Doubts are entertained whether the County Treafurer is authorized to make the Deduction, and to what Amount ; and further fuggefts, that as Inftances may occur of Judgment paffing for the Defendants, in which cafe no Provifion is made for Cofts, it may be expedient to render the Law more explicit on thefe Points, and thinks fome Provifions requifite for Cafes where the Parifn or Townland may extend into two Counties, as he has known this Circumftance interfere to prevent the levying of Penalties recovered. And this Examinant believes, the inferior Revenue Officers often countenance private Diftilhng, and derive coniiderable Profit. by their Connivance, and that Profecutions have fre- quently been defeated by Proof of collufive Seizures. 4 Examinant faith, that in Cafes where there have been Traverfes the taxed Coft of Suit would have amounted to about Sixteen Pounds and verfes, to nearly Six Pounds, which would confiderably dimmifh the Reward to the Officer hereafter. james Galbraith J. S. Rochfort. Fredk Geale. Robert Alexander. Chas Saxton.
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