Page:Ruffhead - The Statutes at Large - vol 3.djvu/452

 4.04 C. 3. Anno primo Jacobi II. A. D. 1685. The Appioba- (-eipt and Management of hi;; Majefly's Cuftoms and Subfidies of Tonnage and Poundage, or their Deputy- ritj"s°left to"^" colleftors in the fevenil Ports, or fuch other Perfon or Perfons, as his iViajefty fhall authorize and appoint the Farmers rr to collcft the Duties ariiiog by this Aft. Commiiinneis. ]V. Provided always, and it is hereby declared and ena£led. That all and every Perfon and Perfons im- 10 1. perC'jtu. porting a y of the Liquors aforefaid, within the Time aforefaid, by way of Merchandize or other wife, who ThT'tV-T. fhall payth'i Duties v.'lii(h.by this Avithout prefent Payment made of the Rates and Duties l.y thi:; A& imppfeJ, in. Cafes .where this Aft requires prefent Payment to be made ; or wirhout Security given for Paymend thereof, in Cafis v/here, this Act admits of Security to be taken, that then and in everyfuch Cafe all and every the Liquors fo imported and landed, or the Value thereof, fhall be forfeited, one Moiecy thereof to his Majefty, and the oth-;r A-Ioiety to him or them that fhall or will fue for the fam.e ; and fhall and may be recovered in any Court of Record by Aftion of Debt, Bill, Plaint, or Liformation, wherein no EiToin, Proteftion, or "VVager of Law fhall be allowed^ nor any more than one Imp;;rlance : And vet nevcrtheicfs the Perfojis fo importing and landing'any of the faid Liquors fhall, notwithftanding fuch For- -feitures fo.?,s,' aforefaid inelirred, remain and continue liable ,'unto, and fhall anfwer and pay ui.to his Ma- jeiiy the Rates and Duties for fuch Liquors, which by this Aft are due and payable. Allowances up. ' VL Arid v.'hereas by the Aft for Tonnage and Poundage, and the Inftruftions and Rules for collefting UK.S, .. J Win es and other Liquors -, be it further enafted. That no Im.porter thereof fhall be chargeable by virtue of ' this Aft to pay theDuty :■ :rcby required, for any greater Proportion of Wines or otherLiquors duly enter- ' ed it the Cuftom-iioufe, than v/hat fliall remain neat after all fuch Allowances and Abatements : And whereas this prefent Aft gives no Abatement to any Perfon upon Exportation of any the Liquors aforefaid;' ^.,„^... ..„.-„ „j^ ^ „ ... __ Majefty's Cuftoms for the Time wkiuficent to being, or in their Abfence the Colleftbr of his Majefly's Cuftoms in each feveral and refpedtive Port, or lel) again. or fuch Other Perfon or Perfons as his Majefty fhall authorize and appoint to colleft the Duties arifing by this Aft, have hereby Power to adminifterj that then, and in every fuch Cafe, for and in Coniideration of any Defcft or Damage that may happen by any of the aforefaid Liquors lying longer on the faid Importer's Hands than heretofore, or by reafon of any other Accident, there fhall bs< allowed and abated to every fuch ^^"^^^^1'^ "°' Imporier th;, further Allowance of eight Poumis per Ccni. and no more. Provided, That no Merchant p retire XHiry for ^'J^ be charged with any Duty impofed by this Aft for the Prizage-wine which he imports in any Ship or Prizage-wJncs. Veilel, nor mall any Security be by him given for the fame, but that it be received and taken from the Per- fon 'who hath or enjoyeth the 'Benefit of the faid rrizage-'wine, who is hereby appointed to pay tlie fame. ' ' ,■ VII. Provided always, and it is hei-eby declared and en afted. That if any of the faid imported Liquors, for v/hicli -.my of the Rates and Duties by this Aft impofed fiiall be paid down and advanced, or otherwife fe- cured, as aforefaid, fhall at any Time after fuch Importation be again exported into Parts beyond the Seas-: Unlefs Oath be That then, and in every fuch Cafe, the Perfon or Perfons fo exporting the farrie fhall be wholly barred and f!^*^''^ ^JT' excluded from having or receivingback the Duties of this Aft fo paid down or advanced, or any Part thereof, vance to be inade nor fhall the Security foi-merly gi-en by fuch Perfon exporting for the true Payment of the Duties by thi« "nipon Exporta- Aft impofed, be any ways raifcd, leffened, or di^ch;^rged by reafon of fuch Exportation, but the fame Secu- 4iun. ., rities fhall rem.ain and continue in full Force, until the Duties thereby fecured be fully and wholly fatisfied and paid ; any fuch Exportation to the contrary notwithftanding. VIII. And for the better Prevention of all fuch Frauds, which at any Tim»e hereafter maybe committed to the Prej'udice of his Majefty in the due collefting and receiving of the Duties hereby impofed upon fuch OSccrs foTiaVe Liquors to be imported'as aforefaid ; Be it further enafted by the Authority aforefaid, That the Officers of like Power as for }i is ],Jaj City's Cuftoms, or fuch other Perfon or Perfons as his Majefty fhall authorize and appoint to colleft p°"'j ^,1^"'' the Duties arifing b_y this Aft, fhall have like Power and Authority to enter on board Ships and VefTels, and ouD ,M-. make Searches, and to do all other Matters and Things which m.ay tend to fecure the true Payment of the Duties by this Aft impofed, and the due .md orderly Colleftion thereof, which any Cuftomers, Colleftors, or other Oiiicers of any of his Majefly's Ports can or may do touching the fecuring his Majefly's Cuftoms of Tonnsge and Poundage, and all the faid Liquors to be imported within the Time aforefaid, and landed without doijig and performing what by this Aft is required to be done and performed before the landing Perfons E'-iilvy of thej-gQf"; And all Officers of his Majefly's Cuftoms, and all Perfons importing any of the faid Liquors, and ^ ether Afls. may be inflifted in fuch Cafes, where his Majefty is defrauded, or endeavoured to be defrauded, of any of his Cuftoms and Subfidies, ns fully and amply, as if the fame Claufes of Seizures, Penalties, and Forfei- tures, and thefa v,e Diftribution of fuch F'orfeitures, and the fame Remedy for Recovery thereof, had been ■again in this Aft particularly repeated, applied, and enafted. On Seiz'ire, JX. Arid if any Liquors feized ios: any OfFence committed again ft this Aft, fliall be claimed by any Per- PioofotDuty ^Qjj j^g ^j^g Importer thereof, the Proof wht^hcr the Duties thereof be duly paid sr fecured fliall lie upon . fcch
 * '"res"&:'c" ' ^'■' ^'^'^^.jefty':; Duties arifmg thereby, it is direfted that certain Allowances be made upon Importation of