Page:Ruffhead - The Statutes at Large - vol 4.djvu/232

 i8o C. 9. Anno tertio 8c quarto An n^ Regmse., A.D. 1704,, " Penalty on importing Scotch Linen into Ireland after 25 March 1705. Linen fo prohibited,. tO: be feiz- " ed, and Importers profecuted. After Condemnation to be fold by Inch of Candle. But not delivered " until Bond given for exporting fuch Goods in three Months out of Ireland, &c. How Bond fhall be- " vacated. Penalty on not exporting fuch Goods. Penalty on Officer conniving at the Importatioa of '* Scouh Linen. Forfeitures where recoverable." General- Ifiue. Suits to be com- menced witliin VIII. And it is hereby further ena£ted, That if any Perfon or Perfons be fucd, molefled or profecu- ted, for or by reafon of any Seizure made in purfuance of this Aft, fuch Perfon and Perfons may plead the General Iflue, and give this Aft, and the Special Matter in Evidence ; and if afterwards a Verdift. fhall pafs for the Defendant or Defendants, or if the Plaintiff fhall difcontinuehis Aftion, or be non- fuited, or if Judgment be given againft him, then fuch Dafendant or Defendants fhall have double Cofts. IX. Provided always. That all Informations, Aftions, and Suits, to be brought for any Offence againft this Aft, fhall be brought and commenced within twelve Months after the Difcovery of fuch X. Provided alfo, and be it enafted. That if any Ship or Vcflel, being laden with Goods in England, Wales, or Berwick upon Tweed, for any of the Plantations aforefaid, fhall put into any Port or Place -in T2 Months after Off Offence. *^ttence. Provifo Goncern- ingEnglilh Ships i laden for the Ireland, and fhall there take in any White or Brown Irijh Linen Cloth, in t'lat Cafe, the like Certificate Plantations,, &c.and Oaths fliall be made, that the faid Linen Cloth is of the Manufafture of Ireland, as is before direfted by this "Aft : And if, upon the Arrival of fuch Ship or Veffel in any of the faid Plantations, fuch Certifi- cate be produced, and Oaths made as aforefaid, fuch Ship or Veffel, her Mafler, or Commander, and Lading, fhall be fubjeft and liable to fuch Rules, Vifitations, Searches, Penalties, and Forfeitures, as they refpeftively were fubjeft and liable to by Virtue of the Laws which were in Force before the palling of this Aft, and no other ; any thing in this Aft to the contrary notwithftanding. Aft to continue XI. Provided, That this fhall continue only for the Term of eleven Years. [Continued by 3 Geo. i. cicven Years. c. 21,1 farther Prmiiji' ens mmermvg Linen, 7 jinn. c. 7. 10 Ann. c. 19. 12 jinn.fl. i. f. 9, 19 S" 21. 1 Geo. I. c. 36. 3 Geo. 1. c, y & zi. 17 Geo. 2. f. 30. j8 Geo. 2. e. 24, 27^36. iiCeo,z,c.t6, 24 GfD. 2. (. 46. 3.^ Geo. z. c, J ^. and ^i Geo. z. c. ^z. • CAP. IX. An Aft for giving like Remedy upon Promiffory Notes, as is now ufed upon Bills of Exchange, and for the better Payment of Inland Bills of Exchange. W HERE AS it hath been held. That Notes in Writing, figned by the Party who makes the fame, whereby fuch Party promifes to pay un o any other Perfon, or his Order, any Sum of Money therein mentioned, are not affignable or indorfable over, within the Cuflom of Merchants, to any other Perfon; and that fuch Perfon to whom the Sum of Money mentioned in fuch Note is payable,. cannot maintain an Aftion, by the Cuftom of Merchants^ againfl: the Perfon who firft made and figned the fame ; and that any Perfon to whom fuch Note fhould be afligned, indorfed, or made payable, could not, within the faid Cuflom of Merchants, maintain any Aftion upon fuch Note againft the Per- fon who firft drew and figned the fame :' Therefore, to the Intent to encourage Trade and Commence, which, v/ill be much advanced, if fuch Notes fhall have the fame Effeft as Inland Bills of Exchange, and fhall be negociated in like Manner; be it enafted by the Qiieen's moff Excellent Majefly, by and with the Advice and Confent of the Lords Spiritual and Temporal; and Commons, -in this prefent Parliament PromiObryNotesaffembled, and by the Authority of the fame. That all Notes in Writing, that after the firft Day of May may be afligned- in the Year of our Lord one thoufand feven hundred and five, fhall be made and figned by any Perfon- oT indorfed, and'^j. Perfons, Body Politick or Corporate, or by the Servant or Agent of any Corporation, Banker, Gold- tained'thetcon ^^^^^■i Merchant, or Trader, who is ufually intrufted by him, her, or them, to fign fuch Promiffory as onlnlandBilis Notes for him, her, or them, whereby fuch Perfon or Perfons, Body Politick and Corporate, his, her, or ef Exchange, their Servant or Agent as aforefaid, doth or fhall promife to pay to any other Perfon or Perfons, Body Po- litick and Corporate, his, her, or their Order, or unto Bearer, any Sum of Money mentioned in fuch Note, fhall be taken and conftrued to be, by Virtue thereof, due and payable to any fuch Perfon or Per-' fons. Body Politick and Corporate, to whom the fame is made payable; and alfo every fuch Note pay- able to any Perfon or Perfons, Body Politick and Corporate, his, her, or their Order, fhall be affignable or indorfible ovej, in the fame Manner as Inland Bills of Exchange are or may be, according to the' Cufljom of Merchants ; and that the Perfon or Perfons, Body Politick and Corporate, to whom f.ich Sum. ef Money is or fhall be by fuch Note made payable, fhall and may maintain an Aftion for the fame, in. fuch. Manner as he, fhe, or they might do, upon any Inland Bill of Exchange, made or drawn according;, fo the Cuftom. of Merchants, againft the Perfon or Perfons, Body Politick and Corporate, who, or whofe' Servant or Agent as aforefaid, figned the fame ; and that any Perfon or Perfons, Body Politick and Cor-, porate, to whom fuch Note that is payable to any Perfon or Perfons, Body Politick and Corporate, his,,' her, or their Order, is indorfed or afUgned, or the Money therein mentioned ordered" to be paid by In-' <lorfement thereon, fhall and may maintain his,- her, or their Aftion for fuch Sum of R^Ioney, either againft the Perfon or Perfons, Body Politick and Corporate, who, or whofe Servant or Agent as aforefaid, C^ned fuch. Note, or againft any of fhe Perfons that indorfed the fame, in like Manner as in Cafes of In- land. Bills &f Exchange : And in every fuch Aftion- the Plaintiff or Plaintiffs fhall recoiser his, her,, or thfiiff