Page:Ruffhead - The Statutes at Large - vol 3.djvu/590

 542 C. 7. Anno quinto Gulielmi 8c Mari^. A. D. 1694, ■ferfons fued, fo: executing this Act may plead General Iffue, and have double CoHs. No Certiorati •upon Orders. !ife,ifure fettled. 7&8W. 3. c. 31. §. 44. Penalty for re- ^itioving without Notice. Penalty for re- landing. Provlfion for Perfons lofing 'Silt at Sea. 'OU fhall fwear to execute your Office truly and faithfully without Favour or AfFeftjon, and Qjal __ from Time to Time true Account make and deliver to fuch Perfon and Perfons as their Majeftiei fhall appoint to receive the fame, and fhall take no Fee or Reward for the Execution of the faid Office from any other Perfon than from their Majefties, or to thofs whom their Majefties fhall appoint on thai • Behalf; &o help you Gody &c. XV. And be it likewife enafted, That no Perfon or Perfons fhall be capable of intermeddling with any OfEce or Employment relating to the faiJ Duties granted by this Aft, other than that of chief Commil- fioner, until he or they fhill (before two or more of the chief Commiffioners for collefling the Duties granted by this A61:, or before two or more of the Juftices of the Peace of the County or Place where they fhall be appointed Officers for Execution of this Aft) take the aforefaid Oaths appointed by the faid A(St, and the laid other laft mentioned Oath, mutatis mutandis ; and the faid Barons of the Exchequer, and chief Commiffioners for colle£ting the faid Duties granted by this A61:, and the faid Juflices are hereby inj-" powered and required to adminifter the faid Oaths. ■ XVi. Provided always, and be it enafted, That if any Perfon or Perfons fliall at any Time be fued or' profecuted for any Thing by him or them done or executed in purfuance of this A61:, he or they fhall ©fl may plead the General IlTue, and give this Adt in Evidence for his Defence ; and if upon Trial a Verdi<3 ! fhall pafs for the Defendant or Defendants, or the PlaintifF or Plaintiffs be nonfuit, difcontinue, or forbear profecuting the faid Actions, then fuch Defendant or Defendants fhall have double Cofls to him or them awarded againft fuch PlaintifF or PlaintifTs; for which Cofls he fhall have fuch Remedy as in other Cafes where Coils are by Law given to'Defendants. XVII. Provided alfo, and be it enacted. That no Writ or Writs of Certiorari (hall fuperfede Execution 'Or other Proceedings upon any Order or Orders made by the faid chief Commiffioners or Juftices of Peace in purfuance of this A61, but that Execution and other Proceedings fhall and may be had and made ther€- upon, any fuch Writ or Writs, or Allowance thereof notwithftanding. XVIII. Provided always, and be it further enafted, For the afcertaining of all Meafures where the faid Duties are to b' paid, That all Salt be meafured by a Bufhel of eight Gallons fVincheJier Meafure, and by fit Meafurers living upon the Place -where the Salt is made, to be fworn and admitted by fome Juftice of Peace near adjoining, without Charge or Fee, upon Forfeiture of double the Value of the Salt that IhaM not be fo meafured. XIX. And be it enafted, That no Salt lliall be delivered from any Salt-works or Pits without Notice firft given to the Officer appointed for that Purpofe, upon pain pf Forfeiture of the Salt fo delivered, and upon Pain of tv/enty Pounds to be forfeited by the Owner or Owners of the Salt-works or Pits where fuch Salt fliall be fo delivered ; the Moiety of which Forfeitures to be to the Ufa of the Frofecutors, and thfei other Moiety to the Ufe of ther Majefties. XX. And be it further enacted by the Authority aforefaid, That if any of the Salt, for which the Duty fliall have been repaid and difchargeJ upon the Exportation thereof, as is herein before directed, (hall (by Fraud or otherwife) be landed in England, Do ninion of JVales, or Town of 'Bertvick upon Twcid, before ■the Duty be again paid, and fuch Entry and all other Things performed, as are herein before required jh cafe where any foreign Salt is imported, every Perfon fo offending fliall for.feit double the Value of fuch Salt fo landed, and fuch other Penalties and Forfeitures as are herein infiifled upon any Perfon v/ho lha}J land any foreign Salt contrar-/ to the true Intent and Meaning of thi; Act. XXI. And be it furthtr enAftsd by the Authority aforefaid. That if any Merchant or other Perfon, be- ing a SubjeiEt of this Realm of Englrnd, fhall during the Continuance of this A£l, fhip any Salt or Rock- falt, that hath paid the Duty to their Majefties by this Aft impofed, to convey it by Sea to any Pait oiErir land, and the VclTel on which fuch Salt as aforefaid^is iliipt, fhall either perifli at Sea, or be taken by %wrtcr not to .^ay Excife till Salt Be fold. tontrafls here. tofere, maJe. iinemies, with fuch Salt on hoard her, that in fuch Cafe any Merchant, or Perfon, Owner of the fail Salt, fnall^ upon Proof made before the Juiliccs of the Peace at the Qiiarter-Seffions held for the County, Riding, DlviiJion, or Town wherein he doth inhabit, of the Lofs of fuch Salt fo fhipt, receive from the ■faid Seffions a Certificate that fuch Proof was made before them, and upon producing the faid Certificate to any of their Majefties Officers appointed to coUedl the Duty by this A61 impofed, the faid Officrr or Offi- cers are hereby required to let fuch Perfons buy the like Quantity of Salt, as is expreffed in the Certificate to be loft, without paying to their Majefties any Duty or Excife for the fame } any Thing in this Aft con- tained- tothe contrarjf notwi.h.landing. XXII. Provided alfo, and be it enafted, that it fliall and may be lawful for the Owners and Proprietory of any Salt-rock, or Rock-falt, to remove and carry out of and from the Pits or Warehoufes adjoining td or belonging to fuch Fits, into his or their Warehoufes, or other Places for ftoring thereof, for Convenien- -cy of felling or fl:iipping oft' the fame, any of the faid Salt-rock or Rock-falt, after due Entry made there- of, and a Warrant or Ticket taken for the fame, from the Officer next to fuch Salt-pits, which Warrant for Tick't the faid Officer is hereby required, upon Demand, to give v.'ithout Fee or Reward as afore-^ faid ; and that the faid Owners or Proprietors fliall not be obliged to pay or fecure the Payment of the faid Duty, until fuch Time as the faid Salt-rock, or Rock-falt Ihall be fold and delivered as aforefaid. XXIII. And be it further enadtcd by the Authority aforefaid. That no Perfon or Perfons whatfocver feflll be obliged, by virtue of any Cantra<3: made- at any Time before the firft Day of Dc<:^tbsr<oa£ thou- fand