Page:Ruffhead - The Statutes at Large - vol 3.djvu/779

 A. D. 1698'* Anno nono 8c decimo Gulielmi III. C. 43, 723 Manner following (that Is to fay) two third Parts thereof (o His Majcfty, His Heirs am! Succeflors, ai'.d the remaining third Part to fuch Perfon or Pcrfons as fl-.all feizc or fue for the fame ; the Charge of v/hich Suit and f roiecution fhall. be born by His Pvdajefty, His Heirs arid Succcffois, out of His Majefty's Part of the faid forfeitures and Penalties ; any Lav/, Statute, Cuftom, or Ufage to the contrary notv/ithftanding : And further, that it fliall and may be lawful for any Perfon or Perfons to fue for and profecute, and to recover the Forfeitures and Penalties inflided or impofed by this prefcnt A£i, or by any other Ait, rc!at-in;j to Alamodes or Luftrings, by A6lion of Debt, Bill, Plaint, or Information, in any of His Majcftys Courts of Record at Wejhninjier^ wherein no Eflbin, Protection, Privilege, or Wager of Law fhall he al- lowed, nor more than one Imparlance ; and that all and every Perfon and Perfons that (hall feir.e or ftay any of the faid Silks, or profecute any of the Offences or Offenders againfl: this or any other A6t relating, to Alamodes or Luftrings, may lay his or their Information or Aiftion, and try the fame, in fuch Place or Places, and ufe fuch and the like Method and Courfe of Proceedings, in profjcuting and condemning of the ' faid Silks,, as are, have been, or may be ufed in or about the fcizing, condemning, or profecuting of any Goods or Commodities for Nonpayment of Cuiloms or other Duties, or any Perfon or Perfons for of- fending againfl any of the Laws cr Statures relating to the Cuftoms. , 'f p ™' X. And for the avoiding of Fraud and Delay in profecuting to Condemnation fuch Silks feizcd as afore- ro givc'secmlty faid, by entring vexatious Claims thereto. Be it further enadled, That before any, Perfon or Perfons faall for .miwcrlng be admitted to enter a Claim to any of the faid Silks, he, fhe, or they {hall he obliged to give good and fuf- the Penalties, ficicnt Security by Recognizance, to be entred into before one of the Barons of. the Court of Exchequer, ^'^■ or feme Judge of the Court where fuch Claim fhall be entred, to anfwer and pay the Penalties and For- ^ ^' 5. ""*' feitures incurred by virtue of this Aft, with full Cofts of Suit, if, upon a Trial or other Determination in cKurnersare on- Law, a Verdifl: fhall pafs, or Judgment fliall be entred, for the Plaintiff; and in cafe Default fliall be in )y to g'.ve Secu- giving fuch Security within the Time limited by the Rules of the Court for entring Claims, 'then the faid:i^i.i' f'r the Goods fhall be adjudged forfeited, and Judgment entred accordingly. ^/^a' ^d 1 XI. And for the preventing of Difputes touching this Aft, be it further enacted by the Authority ;afore- ^"jjjj"^^;^^-,^;",.^ faid. That the fame, and every Claufe and Thing therein contained, (hall be deemed, adjudged, and taken to bo a general Law J and that it fhall and may be lawful to file w or fet forth . the fam.e,. or any Claufe '^^™'^^' ^^• thereof in Pleading ; and that the fame and all and every Claufe therein contained, fhall be conftrued mofl largely and beneficially for the Advantage of the Profecutor, and for the preventing of all the Mifchiefs and Abufes herein provided againft; and further. That if any Perfon or Perfons foafl be fued, molefted, or profecuted for any Thing done by virtue and in purfuance of this Aft, fuch Perfon and Perfons fliall and may plead the General Iffue, and give this Aft and the fpecral Matter in Evidence ; and if afterwards a Perfon focd msy Verdift fhall pafs for the Defendant or Defendants, or the Plaintifx" fhall dilcontinue his Aftion, or be non- p!tad_ the Gene- fuited, or Judgment fliall be given againft him upon Demurrer, or otherwife, then fuch Defendant or De- " "'^' fendants fliall have treble Cofts to him or them awarded againft fuch Plaintiff", Treble Coris. XII. Provided always, That all Informations, Aftions, and Suits to be brought by any Informer for any Aflion to b= Offence againft this Aft, fhall be brought arid commenced within two Years after ,the .Oftencs committed ; brought in two any formicr Aft to the contrary thereof in any wife notwithftanding. [••-j ■■:•-•'■' Vears att?rOi- ' XIII: And whereas the King's moft Excellent Majcfty, together with the late Queen (of bleffcd Me- *'"'"°"'™'"''» ' mory) by their Letters Patents or Charter under the Great Seal of England, bearing Date the fifteenth ' of OSioher in the fourth Year of their faid Majefties Reign, reciting or taking Notice, that feveral ' Perfons therein named did obtain the late King James the Second's Letters Patents, bearing Date the ' three and twentieth Day of Nove?nber in the fourth Year of His Reign, for the fole Ufe, Exercife, ' and Benefit of a nev/ Invention of making, drefling, and luftrating of Silks, called plain Black Alamodes,. ' Renforcez, and Lujlrhgs, for the Term of fourteen Years from the Day of the Date of the faid Letters ' Patents, their faid Majefties did, for the encouraging fo commendable an Undertaking, give, grant, con- ' ftitute, declare, and appoint Thomas, Earl of Pembroke and Montgomery, and feveral other Perfons in the ' faid Charter mentioned and contained, and fuch others as fhould be admitted into their Society, to be ' from thenceforth one Body Corporate and Politick, in Deed and in Name, by the Name of The Royal ' Lujlrmg Company, for making and di'efTing of Alamodes, Renforcez, and Luftrings in England, and by ' that Name to have perpetual Succeflion; and divers and fundry Privileges, Liberties, Powers, and Au-, ' thorities, with other Matters and Things in the faid Charter of Incorj5oration mentioned and expreficd^ ' were thereby granted to, and vefted in, the laid Company, and their SucceiTors, in fuch Sort, Manner, ' and Form, as in and by the faid Charter, or Letters Patents, or Inrollment thereof, is mentioned and ' expreffed, and as thereby it more fully appears : And forafmuch as the faid Company have with great La- ' hour and Charges brought the faid iVianufafture to Perfeftion, bat by reafon of the fraudulent Importa- ' tion of Alamodes and Luftrings by divers Perfons, more regarding their own Intereft, than the Welfare ' Oi England, their Duty to the King, and Obedience to the Laws of the Land, the faid Company have not ' enjoyed the Benefit and Advantage intended t'ncm in and by the faid Ch.arter, but wafted their Time and ' .Stock, in contefting with many DifRculties and Obftruftion.";, which they have met with fmce the grant- ' ing thereof: And it appearing that the faid Manufafture cannot be fo well carried on, and fccured to this ' Kingdom, by any other Means, as by eftablifhing a Company to carry on the fame ;' Be it therefore enafted by the Authority aforefaid. That the aforefaid Company, and their Succeflors, fhall and may at ^"yal Luftring ail Times from henceforth ftand, continue, and be a Body Politick and Corporate in Deed and in Name, '^"^•P'^ny and hy the tlzmeoi The Royal Li//lring Company ; and that the laid Company, and their Succeflors, fliall and^jjj"^|^^^"g'^!^"" may, have, do, ufe, exercife, and enjoy all and lingular the Liberties, 'Privileges, Powers, Authorities, corporate "i-c. Matters, and Things in the faid Letters Patents, or Charter of Incorporation, mentioned to be granted to and enjoy all them, as amply, fully, and largely, to all Intents, Conftruftlons, and Purpofes^ as if the fame were Word Liberties, Pri- for Word recited and fet down at large in this prefent Aft. . "I'^g", &c. 4^2 ■^^' ■^*^ Letters Patenfi.