Page:Ruffhead - The Statutes at Large - vol 4.djvu/207

 A. D. 1703; Anno fecundo Sc tertlo Ann^e Regln^. C. 14. 155 him or them awarded againft fuch PlaintifF or Plaintiffs, for which Cofts he fliall have fuch Remedy, as ill other Cafes where Cofts are by Law given to Defendants. XII. And be it further enaiSted by the Authority aforefaid. That the feveral Penalties and Forfeitures, Penalties and 'hereby given and impofed, fhall be recovered and levied by the fame Ways, Means and Methods, as any Forfeitures how Penalties and Forfeitures can or may be recovered and levied by any of the Laws of Excife, or by A6lion '« ^^ lecovercd. of Debt, Bill, Plaint or Information, in any of her Majefty's Courts of Record at lVeJiminfley wherein no EiFoin, Proteftion, or Wager of Law, nor any more than one Imparlance fliall be allowed ; and that the faid Penalties and Forfeitures fhall be diftributed in manner following (to wit) one Moiety thereof to her Majefty, her Heirs and Succefibrs, and the other Moiety to him or them that v»'ill fue or inform for the fame. ' XIII. And whereas it is found by Experience, that great Quantities of Filh, which have been cured ' at Sea, or in Ireland, or other Parts not within England, JPales, or Berwick upon Tweed, with Salt, for ' which the Duties have not been anfwered and paid, have been imported or brought into England, JVahs, ' or Berwick upon Tweedy by which Practice her Majefty, and the Englijh Fifhery, are very much pre- ^° Herringj, firft Day of June one thoufand feven hundred and four, no Herrings, Pilchards, Scads, Codfifh, Ling, Hake, Salmfn, Hake, Salmon, or dried red Sprats whatfoever, or by whomfoever caught or cured, (hall be imported, &c. (iiailbeim- brought in, or landed within England, Wales, or Berwick upon Tweed, unlefs the Owner or Proprietor of ported or landed, fuchTifh, or the A'lafter of the Veffel, fhall make Oath before the Officer for the faid Duties on Salt, in ™^f^ °^^^ ■"= the Port or Place where fuch Fifh fhall be imported, brought in, or landed (who fhall adminifter the fame slu wherewUh without Fee or Charge) that all the Salt wherewith the faid Fifh was cured, was laden or put on board fuch Fift'^was from fome Part of England, Wales, or Berwick upon Tweed, and when and where the fame was fo put on cured, was laden board, and that no Drawback or Allowance, or Debenture for the fame, hath to his Knowledge or Belief from England, been had or obtained upon the Exportation or carrying out of the faid Salt, or any Part thereof, or is in- ^- "|", tended to be had or obtained on account of fuch Exportation ; upon Pain of forfeiting fuch Fifh that i^,"^ ^^ Expor- Ihall be imported, brought in, or landed contrary to the Intent and Meaning hereof, and double the tation, fe. Value thereof, to be recovered of the Importer or Proprietor thereof. _ Penalty. XIV. Provided, That nothing in this A£l fhall extend to prohibit the importing and landing any Cod- Newfoundland fifh. Ling, or Hake, which have been caught and cured at Newfoundland or Ifeland, fo as Oath be firft or ifeland Fifli, made before the landing thereof by the Owner or Proprietor of fuch Fifh, or the Mafter of the Veffel, ^'^^P'^^- before the Officer for the faid Duties, in the Port or Place where fuch Fifh fhall be imported, brought in, p^^ of the Tail or landed (who fhall adminifter the fame without Fee or Charge) that all the Fifh fo imported came from of fuch Fifli to Newfoundland or Ifeland, and were caught and cured there, and fo as the faid Fifh be at the landing thereof, l>e cut off. and before the fame be removed from the Shore, tendered to the Officer of the Port for the faid Duties, Penalty on land- to have Part of the Tail of every fuch Codfifh, Ling, or Hake cut off, that no AlFowance for fuch Fiftx "^^.^^^^^l '"* be obtained upon Exportation ; and the faid Officer is hereby impowered and required to cut off Part of thereo/made. the Tail of all fuch Fifh on the Importation thereof : And in cafe any fuch Fifh fhall be landed before « Provifion is the fame fhall be tendered to the Officer, to have Part of the Tail cut as aforefaid, all the Fifh, fo im- made by 4 Anna;. ported and landed, fhall be forfeited, and double the Value thereof, to be recovered of the Importer or ^' '^•§' '*•*"'" Proprietor thereof; to wit, one Moiety thereof to the Queen, the other Moiety thereof to him or them ^°^^f'^'^- '^'- 1- /I II r J r r ^^. 1- ' ported from the who fliall profecute or fue for the fame. _ _ . _ North Sea." ' XV. And whereas the Proprietors who have given Securities at their Worjfs or Pits for the Duty of Salt or Rock Salt fhall, after the firft Day oifune one thoufand kven hundred and four, be entred, and entreJ, and the Security fhall be given for the Duties, and certified to the Officer, according to the former Laws relating ^"r^l s'^,"'^^^']! to the Duties on Salt, no fuch Salt or Rock Salt fliall afterwards be entred for Exportation by any Per- aftenvardJbeen- fon or Perfons, not bound in the Security firft given as aforefaid, until fuch Perfon or Perfons, fo expoit- tred for Expor- ing fuch Salt or Rock Salt, fhall give or find fufficient Security for the Duties thereof (which the Officer tation by any for the faid Duties at the Port v/here the fame is fo entred for Exportation is hereby required to take) ; and f"fon notbouni the fame Officer fhall deliver gratis, and without delay, a Certificate of fuch new Security taken, and upon 'c" *^ t'iU ^Se- producing fuch Certificate to the Officer of the Place where the Duty of the faid Salt, was firft fecui"ed to curity given fcr be paid, fuch firft Security fhall be difcharged. the Duties, &c. ' XVI. And whereas by feveral Leaies, Grants, or Contracls, made before the fixth Day of Novemir/- ' one thoufand fix hundred ninety-three, certain Rents payable in Salt were referved, granted, or agreed ' feft increafe the faid Rents, and make them more burdenfome to the Perfons liable thereunto;' it is therefore enabled and declared by the Authority aforefaid, That when the Owners, Proprietors, and Te- Tenants paying Hants of fuch Lands, Tenements, and Hereditaments, fo charged by any Leafes, Grants, or Contrafts, *^^'" R™t in made before the Time aforefaid, do from and after the five and twentieth Day of December one thoufand f^'^','? ""^ ^'" feven hundred and three, pay or deliver any fuch Rent in Salt, the Perfon or Perfons, who fliall receive aT'the "dui"*^ the fame, fliall be obliged by this A£l to pay to him or thern, who fhall make fuch Payments of Salt in kind, comes to. ^ fo much Money as the Duty and Duties paid or payble to her Majefty for the fame Salt, by any Acl or A£ls of ParliamexLt made fince the faid fixth Day of November one thoufand fix hundred ninety-three, 4o amount unto. X 2 XVIL Pro-.
 * judiced :' For Remedy whereof be it enadled by the Authority aforefaid. That from and after the faid cwfifti'' Lfi"^'*
 * Salt or Rock Salt bought of them, do often fuffer Damage by Frauds committed in the Exportation
 * without their Privity :' For Remedy whereof be it enafted by the Authority aforefaid. That where any Where Salt is •
 * to be paid out of or for divers Lands, Tenements, or Hereditaments ; and it is evident that the im-
 * pofing the prefent Duties on Salt, fmce the making the faid Leafes, Grants, or Contrafls, doth in Ef-