Page:Ruffhead - The Statutes at Large - vol 3.djvu/783

 ^.D. 1698. Anno nono 6c decimo Gu LIE LMi III. C 44.. 727/ 1 orBerivUk; for which Debenture no Fee or Reward -fhall betaken. And in cafe the Officer hereby dj- refted to pay fuch Debenture, fhall not have fufficient Money in bis Hi^nds to pay the fame, then upon Certificate thereof by him made (which Certificate he is hereby required to give the Party /ra/zV, and ! without Delay) the principal_ Commiffioners for managing the Revenue of t'xcife of His IVUijefly, His i Heirs and Succefibrs, for the time being, fliall be chai'gea'ble with the faid Payment, to be made in Courfc out of the firft Money in their Hands arifing out of the faid Duties upon Salt; and aiiy Officer negledtinij I or refuiuig to pay the faid Money, or to give fuch Certificate, as is here dirccrted, (hall forfeit double tha ' .Sum fo to be paid to the Party grieved, to be recovered by Aftion of Debt, Bill, Plaint, or Infoimation, wherein no Eflbin, Proteclion, or Wager of Law fliall be allowed. i XXII. Provided always,- and be it cnaded by the Authority aforcfaid. That if any Pcrfon or Pcrforts O.liccrs to fie--, fliall export beyond the Seas, any Salt, as well Foreign as £'?2^////), or any Pvock-Salt, the OiTicer of the ^-; '^"."'i'^'" ' ' Place where the faid Salt v/as made, taken out of Pits,' or imported, and the I)uty thereof i)aid or fcciired f^"' ,  to be paid, fhall, upon Demand, deliver ^raf/V, and without Delay, a Certificate under his Hand and Seal, Annt^cJ n.. ' that the Duty impofed by this Aft on fuch Salt, hath been duly paid or fccured to be paid ; and then the §. 9. this is d'e- ; OiEcer of the Place where the Salt is exported, upon producing the faid Certificate, and Oath made of '■■"='' t" «tcnd • ; fhipping oft the faid Salt, and of its not being relanded in Enfiand or IVahs^ fliall give a Debenture under to^^'t "P°"'='',. | his Hand, without Delay, Fee, or Reward, for Repayment of the faid Duty ; which being produedto the '"^'^0'""^ *==• Officer of the Place where the Duty on the faid Salt fliall have been paid or fecured to be paid, fuch Secu- 1 rity fliall be difcharged, and all and every Sum and Sums of Money, paid for the Diity of the faid Salt by > this A(?c, fliall be repaid, upon Demand, by the faid Officer without Fee or Reward.' j XXIII. And be it further enacfted and declared, That all Salt imported or brought by Sea or Land into ^^'f "* '"f'em ■■ | the Kingdom o't England, Dominion oiJFahs, or Town ol Benvick w^onTweed, and not of the Product ^"g'^^''^'^.'^]^'*'^'"»', of any of the faid Places, fliall be adjudged and deemed to be Foreign Salt imported, and fliall be charged °' ^j Korci'.'n - •as fuch with the higher Duties by this A 'i charged upon Salt imported ; and that all Scotch Salt brought scotch S.Ut to be - i into £B_j-/^Hfl' by Land fliall be entred ■i.tCarlijle ox Berwick, with the Officer or Officers for that Purpofe entred aiC3iline>« there to be appointed, under the Penalty or Forfeiture of double the Value of, andafterthe Rate of ten or Berwick. ' Shillings pfr Bufhel for, fuch Salt fo brought in. I XXIV. Provided always, and be it enafted, That if any Perfon or Perfons fliall at any Time be fued or Perfons fued oti profecuted for any Thing by him or them done or executed in purfuance of this yVft, he or they fhall or ^Ij'^ ^a may j may plead the General IfTue, and give this KQi in Evidence for his Defence ; and if upon a Trial a Verdi'ff P'"^_the Gene- ■, fliall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs be nonfuit, difcontinue, or forbear " '"^' ^^' j profecuting the faid Aftions, then fuch Defendant or Defendants fliall have double Cofts to him or them- i awarded againfl: fuch Plaintiff or Plaintiffs, for which Cofts he fliall have fifch Remedy, as in other Cafes ■ ■ where Coifs are by Law given to Defendants. - 1 XXV. Provided alfo, and be it enabled, That no Writ or Writs of C^rt/crtfr/ fhall fuperfede Execution No ^Vrit of Cer-- 1 or other Proceedings upon any Order or Orders made by the faid Chief Commiffioners or Juftices of the tiorarr to fut.,i- ,• ■ Peace, concerning the laid Duties upon Salt, in pilrfuance of thi.j Aft, but that Execution and other '"^^V!^"^^^''* " j Proceedings fliall and may be had and made thereupon ; any fuch Writ or Writs or Allowance thereof njij5:'one°s™&c. '• jiotwithftanding. - " " i XXVI. And be it enactred, That no Salt fliall be delivered from any Salt W^orks or Pits, without No--^?.^^^'' '° 1"=' ; tice firft given to the OfEcer appointed for that Purpofe, upon Pain of forfeiting of the Salt fo delivered, ouc'Noticr"ivea > and after the Rate of ten Shillings per Bufhel for the fame, to be recovered from the Owner or Owners of io Officer, &c. the Salt Works or Pits, where fuch Salt fliall be fo delivered ; the one Moiety or Half-part of v/hich For- Penalty. , feitures to be to the Ufe of the Profecutor, and the other Moiety or Half-part to the Ufe of His Majefiy, His Heirs and SuccefTors. . . XXVII. And be it further enafied by the Authority aforefaid, That if any of the Salt, for which the ^,!,"[; .^ °" 5^,7 ' Duty fliall have been repaid or difcharged upon the Exportation th-ereof, as is herein before direfted, fliall afj^,. Du^r'hjs ] (by Fraud or otherwife) be landed in England, Dom.inioii oi TFales, or Town di Bervjlck upon Tvjeed, be- bccnrepsi.:, be- j fore the Duty be again, paid, and fuch Entry, and all other Things performed, as are herein before required, foie the Duty be a in cafe where any Foreign Salt is imported, every Perfon fo offending fliall forfeit double the Value (and agasn paid. ., after the E-ate of ten Shillings /i^r Bufliel) of fuch Salt io landed, and fuch other Penalties and Forfeitures as are herein inflifted upon any Perfon,. who fliall land any Foreign Salt contrary to the true Intent and : ; Meaning of this Aft. _ _ ; XXVIII. And be it further enafted by the Authority aforefaid. That if any Merchant or other Perfon, Allowance to J being a Subjeft of this P.ealm o? England, fhall fliip any Salt, orRock-Salt, that fliall have paid the Duty Subjefls of Eng. - j to His Majefty, His Heirs or SuccefiTors, by this Aft impofed, to convey it by Sea to any Part oi England, s'!,"t,^.h'i°h''e! ' and the Veffel on which fuch Salt as aforefaid is fiiipped fhall either perifli at Sea, or be taken by Enemies rifted at "sevi &co- ' u'ith fuch Salt on board her, that in fuch Cafe any Merchant or Perfon, Owner of the faid Salt, fhall, upon 1 Proof made before the Juflrices of the Peace at the Qiiarter-Seffions held for the County, Riding, Divifion, j or Town, wherein he doth inhabit, of the Lofs of fuch Salt fo Clipped, receive fro.m the faid Seffions a ', Certificate that fuch Proof was made before them ; and upon producing the faid Certificate to any of the - Officers appointed to colleft the Duty by this A..ft impofed, the faid Officer or Officers are hereby required ' 1 to 1st fuch Perfons buy the like Quantity of Salt, as is expreffed in the Certificate to be loft, without payfng 1 to His Majefty, Flis Heirs or SuccefTors, any Duty or Excife for the fame ; any thing in this Aft contained ' to the contrary notwithftanding. . . I XXIX. Provided alfo, and be it enafted. That it fhall and may be lawful for the Owners and Proprietors Salt after Entry " i of any Salt- Rock or Rock- Salt, to remove and carry out of and from the Pits or Warehoufes adjoining to ""'^y ^^ removed * ; or belonging to fuch Pits, into his or their own Warehoufes, or other Places for ftoring thereof, for Con- .*,y'^°"^^'^'if"' " ; yeniency of felling or fliipping off the fame, any of the faid Salt-Rock or Rock-Salt, after due Entry made '' "' ■ tfeereof, and a Warrant or Ticket taken for the fame, from the Officer next to fuch Salt-pits 3 which ■ VAar-^ 1