Page:Ruffhead - The Statutes at Large - vol 3.djvu/290

 IiiaH^ 242'- C. II. Anno decimo tertio & quarto Caroli IL. A. D. 1662.^ Blockwood, and freely to ufe the fame in Dying or Colouring any Sort of Goods or Manufachire what- foever ; the aforefaid two Statutes, or any other Law, Statute, Ulage, Cuftom, Patent of Privilege, Fro- ' clamation or other Reftraint, Matter or Thing, to the contrary thereof in any wife notwitWlanding. XXVII. Provided, That luch Importation be according to the Rules prefcribed and enjoined in the Impofition upon X.ogwood im- ported. izCar. 1, c. 18. » Car. 2. c. 4. la Car. I. c. ig. late A£, intituled, jn A£l for encouraging and increaftng of Shipping and Navigation; (2) and baying Subfidy to the King's Majelly, his Heirs and Succeflors, for every Ton of the laid Logwood alih Block- wood, fo to be imported, after the Rate of five Pounds, and after that Rate for any greater or idTcr Quan- tity, according to inch Rules; (3) and under fuch Penalties, as a;e provided for all other imported Goods, in a late Adt, intituled, An AH of Subfidy granted to the King of Tonnage and Poundage, and other Sunn of Money, payable upon Mtrchandize exported and imported, excepting only that for all of the faid Commodities exported according to the Rules of the Book of Rates, there Ihall be repaid to the Exporter the Sum of four Pounds per Ton ; the faid Rate for Logwood alias Blockwood, to be collected and levied for fuch Time, and in fuch Manner, as by the KSk of Tonnage and Poundage is directed and appointed. XXVIII. And be it further enaded. That all Adtions, Suits and Informations, to be had and com- §.63. Onus Proh;)ndi of Property of Goods claimed to lie upon the Owner or Ckimer. Time to exa mine Witnefles beyond Che Sea, In what Cufea Writs of Deli- very may be granted. All Officers and Peri'ons to be A(5t aforefaid, or any other Adl or Statute concerning the Importation of Goods or Merchandize from. the Parts beyond the Seas, if the Property thereof be claimed by any Perfon or Perfons as the Importer' thereof ; in fuch Cafe Onui Probwidi inall lie upon the Owner or Claimer thereof. XXIX. Provided, That in Cafe the Seizure or Information (hall be made upon any Claufe or Tiling contained in the late Adf, intituled, An A 51 for the encouraging and increafing of Shipping and Navigation, that then the Defendant or Defendants fhall on his or their Requeft have a Commiffion out of the High Commim'on'and' Court of Chancery to examine Wkneffes beyond the Seas, and have a competent Time allowed for die Return thereof before any Trial fhall be had upon the Cafe, according to the Diftance of Place where fuch Commiffion or Commifiions are to be executed, and that the Examination of Vl^itnefles fo returned fliall be admitted for Evidence in Law at the Trial, as if it had been given Viva voce by the Examinate in Court J any Law, Statute or Ufage to the contrary in any wife notwithftanding. XXX. And be italfo enadted and ordained by the Authority aforefaid, That no Writ of Delivery fliail be granted out of the Court of Exchequer for Goods feized, but upon good Security, and that for Goods periihable only, or in Cafes where the Informer fhall defer or delay his coming to as fpeedy a Trial as the Courfe of that Court will permit, and fhall be thereby ordered and diredied. XXXI. And be it further enadted by the Authority aforefaid. That one Moiety of all the Forfeitures before in this Act mentioned and appointed fhall be to the King's Majefty, his Heirs and SuccefTors, and the other Moiety to fuch Perfon or Perfons as (hall feize or fue for the fame by Bill, Plaint or Information in his Majefty's Court of Exchequer, or any other his Majelty's Courts of Record, wherein no EfTojn^ Jl Protedlion or Wager of Law fliall be allowed. - 1| XXXII. And be it further enadted and ordained. That all OiEcers belonging to the Admiralty, Cap- aHinu theOffi- ^^'^^^ ""^^ Commanders of Ships, Forts, Caftles and Block-houfes, as alfo all Juftices of the Peace, Mayors. <ers and Perfons Sheriffs, Bailiffs, Conflables and Headboroughs, and all the King's Majelty's Officers, Minifiers and for Management Subjedts whatfoever whom it may concern, fliall be aiding and affifting to all and every Perfon and Peifons of theCuftoms. ^hjch are or fhall be appointed by his Majefty to manage his Cuftoms, and the Officers of his Majefly's Cuftoms, and their refpedtive Deputies, in the due Execution of all and every Adt and Thing in and by this prefent Adf required and enjoined, and all fuch who fliall be aiding and afPtlting unto them in tiw 1 due Execution hereof, (hall be defended and faved harmlefs by Virtue ot this Adl. Clerks and Ser- XXXIII. And bt it hereby alfo enafted. That all Deputies, Clerks and Servants, which now havet- cXms "o'be ^^.^^^'^^ ^-^'^ ^^^""^ =^"y PJ^i'^s o"" Office in or about the Curtoms and Subfidies by and under the CoinL f*orn for their mfffioners, or Other the King's Officers thereof, fhall before the firft Day oijune next take their reipec^ r '"hf r''f ^^^^ corporal Oath and Oaths for the ti-Cie and faithful Execution and Difcharge, to the bed of theic tb^er^.n."^ Knowledge and Power, of their feveral Trufts and Imployrnents committed to their Charge and In^e<^ tion : (2) And that no Perfon or Perfons (hall hereafter be employed or. put in Truft in the Bufinefs i the Cuftoms, until he (hall firft have taken his Oath as aforefaid ; and the Commifhoners and Princip _ Officers in the Port oi London, and the Principal Officers in all other the Out-Ports, or any two of them" are hereby authorized to adminifter and give to all and every Perlbn or Perfons fuch Oath and Oaths as aforefaid, and to caufe the fame to be entred and regiftred in the Cuftom-houfe of every refpeitive Port ■.:. where the Perfon fo taking the Oath as aforefaid fliall have his Refidence and Iniployment. XXXIV. Provided alfo, and be it enadted by the Authority aforefaid. That if any Perfon employed in his Majefty's Cuftoms, fliall demand or take any other or greater Suih of Money than by Law is now due, or hereafter fliall become due, or fhall put any Merchant or other Perfon out of his Tura, witlij mand nor take out exprefs Order before, or imtnediate Approbation after, from the Perfon or Perfons who are or fhall bfl ?he Kesda^e^by ^PP?'"'^"^ W Ws Majefty to manage his Cuftoms, or the Superior Officers for the Cuftoms, or fhall iUegalljj l,aw. '^ detain the Goods of any Perfon, or (hall negledt or refufe to make Repayments and Allowances which arloyed about theCuftoms thall not de ftiiU f-e, and whit Mjn and Ainmunitinn «h«y fluU c^rry, fon, that (hall after the nine and twentieth Day of September one thoufand fix hundred fixty and two cx-<i part any Goods or Merchandizes from any Port of this Kingdom, capable of a Ship or VelTel of twui hundred Ton upon an ordinary full Sea, to any Part or Place of the Mediterranean Sea beyond the P9rt j of M'thiga, or import an/ Goods or Merchandize from the Ports or Places aforefaid, to auy Port of thisij