Page:Ruffhead - The Statutes at Large - vol 3.djvu/675

 A. D.I 696. Anno feptimo & octavo G u L! E L M I III. C. 28. 619 employed in carrying the fame; and that no Ship or Veflel fhall export or carry the fame into any Part be- I'enahies. yond the Seas, under the Penalty and Forfeiture of the faid Commodities, Ship and Veffei, and Treble the Value thereof, with Treble Cofts of Suit; and the Inhabitants of the refpettive Hundred, Port, or Treble C'fts. Place exempt, next adjoining to the faid Kingdom oi Scotland, or to the Sea Coaiis out of or through which ,S;>ccbl Provi- any Wooll, or any other of the Commodities aforefaid, fhall be fo carried or exported, fliall forfeit tv/cnty li'-"" ^s to the Pounds, if the faid Wooll fo carried out or exported fhall be under the Value of ten Pounds; bu: if it Hundred cf fhall be of greater Value, then treble the Value thereof fo exported, or carried out of the faid Kingdom, ^."'^'^'^ "'' as alfo treble Cofts of Suit: All which faid Penalties, Forfeitures, and Cofts of Suit, are to be recovered c. 40'°*. i/. and received by him or them that (hall fue for the fame, and to be profecuted by any Action of Debt, Suit, Bill, Plaint, or Information, againft the Inhabitants of fuch Hundred, Port, or Place exempt, out of or through which the faid Wooll or other Commodities fhall be exported, in any of His Majefty's Courts of "SiecorA ztWeJlrninfter, where no Eflbin, Protedtion, or Wager of Law, flaall be allowed, nor any more than one Imparlance. IX. And be it further enafled by the Authority aforefaid. That the Execution for the Informer fhall and Execution may may be had againft two or more of the faid Inhabitants; and that after Execution had by Force of this lie hsd againd » Aft, it fhall and may be lawful (upon Complaint made by the Party or Parties fo charged) to and for the '"■ ■"'^ inhabi- Juftices of the Peace of the fame County or Place where any fuch Execution fhal! be had, at their General?""i^' Quarter-Seflions to beheld for the faid County or Place, to aflefs and tax, ratcably and proportionably, ac~ iio'ns may Vnui cording to their Difcrelions, all and every the Towns, Parifties, Villages, and Hamlets, in the faid Hun- prnponionabiy dred. Port, or Place exempt, in the fame Manner and Form as any Hundred ought to be charged in cafe ^sin cafeof of Robbery committed, for the Perfons againft whom Execution Ihall be had for the Perfon fo robbed, pur- R°^'-y "m-, fuant to an A£k made in the feven and twentieth Year of Qiieen Elizabeth, intituled, Jn Aci for tbefd- '"'"=^'- loiving of the Hue and Cry; and that the Juftices of the Peace of the faid County or Place, where fuch Fi:61; -7E-liz. r. 13. (hall be committed, fhall and are hereby impov.'ered and required, at their General Qiiarter-Sefllons to be Uwton^z held for the faid County or Place, to levy the Penalties hereby charged, upon the faid Inhabitants, by aii luhabitan'ts. equal Afleffment upon the faid .nhabitants, and reimburfe fuch Perfon or Perfons Inhabitants within the faid Hundred, Port, or Place exempt, adjacent to the Kingdom o^ Scotland, or the Sea Coaft, from whence the faid Wooll, or other the faid Commodities, fliall be tranfported, in the fame Manner, as if there had been a Judgment at Law againft the faid Hundred, Port, or Place exempt. X. And Ids it further ena£led by the Authority aforefaid. That ail Perfons who fhall be aiding, abetting, Penalty fovaf- or affifting, in carrying or exporting any of the faid Commodities out of this Realm, as aforefaid (being le- ''^'ng m the gaily convicted thereof) {hall fufter three Years Imprifonment, without Bail or Mainprize, and the Owner wo„Y/^"°" of the faid Wooll, or of any other of the Commodities aforeiaid, and all and every Perfon or Perfons who fiiall be aiding, abetting, or affifting, in carrying or exporting of them or any of them out of this King- dom, fliall anfwer and fatisfy treble the Value of all fuch Forfeitures and Penalties, which fuch Inhabitants ftiall be fo charged with and liable to, as alfo treble Cofts of Suit; which fliall and may be recovered by Acftions to be in Aftion of Debt, Suit, Bill, Plaint, or Information, in any of Flis Majefty's Courts of Record at Wejlmin- the Name of the fler, wherein no Eftbin, Proteftion, or Wager of Law, fhall be allowed, nor any more than one Impar- Clerk of the lance, by and in the Name of the Clerk of the Peace for the time being, of or for, every fuch County or bounty Place, without naming the Chriftian Name or Surname of the faid Cleric of the Peace; which treble Value and treble Cofts of Suit fhall be to the only Ufe and Behoof of the faid Inhabitants; and that notwithftand- ing the Death or Removal of any fuch Clerk of the Peace, after fuch Action of Debt, Suit, Bill, Plaint, or Information, fued, commenced, or preferred, the fame Ihall be profecuted and purfued to Judgment and Execution, in fuch Manner and Form, to all Intents and Purpofes, as that Clerk of the Peace might have done, which firft commenced or preferred the faid AtSion of Debt, Suit, Bill, Plaint, or Infor- mation. ... XI. And for the better and more impartial Trials of all fuch ASions and Informations which fhall be aiid tried by a commenced or profecuted by virtue of this A£t, be it enabled by the Authority aforefaid. That fuch Ac- J'"y of another tions and Informations fhall be tried, in any of Plis Majefty's Courts of Record, by a Jury of good and bounty, lawful Freeholders to be fummoned out of any other County than that wherein the Fact (hall be commit- ted : And to encourage Perfons to difcover the faid Crime, the firft- three Perfons who have been aiding, Fira 3 Perfons abetting, or affifting, in carrying out or Exportation of Wooll, or any other of the Commodities, as afore- making Difco- faid, that fhall inform thereof any Juftice of the Peace in either of the faid feveral Counties al"orefaid, J^^"[j^J'p'^^°l^'^''^[* v/hereby the Punifnment and Penalties appointed by this Aft may be inflifted and recovered, the Party or Parties fo difcovering (not being Owner or Part Owners of the faid Wooll, or other Co;nmodities afore- faid) fliall not fuffer any of the faid Penalties or Punifhment. XII. Provided always, and be it enafted by the Authority aforefaid. That if any Aftion or Suit ftiall be Aaicns againft brought and profecuted by any Perfon or Perfons againft- any Juftice oi Peace, or other Perfon eiiiployed by Jurtice of Peace then-i or any of them in the Execution of this Aft, for any Matter, Caufe, or Thing, by them or either [J^^^^'^fJ"^'' '" 'of them done, committed, or executed, by virtue or P.eafon of this Aft, or any C aufe or Article therein j,her>rti"e Faft contained, thr.t then, and in eveiy fuch Cafe, the Aftion fhall be laid in the proper County where the Faft w^^ eone. " was done and coinnMtted, and not elfewhere; and the Defendant or Defendants may plead the General liTue, and give the fpecial Matter in Evidence at the Trial, that the fame was done in Purfuance, and by Authority of this Aft : And if upon Examination it fliall fo happ;n to be done, the Jury fhall find for the Defeniam miy Defendant or Defendants; and in fuch Cafe, or if the PlaintitF fliall be nonfuit, or difcontinue his Ac- p'f^'' .^'--'"^'al tion, after the L'efendant or Defendants hath or have appeared, the Defendant or Defendants fhall have ^'^"^' ^'^' and recover their treble Cofts which he or they ihall fuifain or be put unto by reafon of his or their wrong- ful Vexation in Defence of the faid Aftion or Suit; and that every Aftion, Suit, Bill, Plaint, or Infor- Umiiacioaof mation, by virtue of this Aft, fliail be commenced and profecuted within one Year after the Faft com- A^ncni. mitted. 4 K 2 XIII. Pror