Page:Ruffhead - The Statutes at Large - vol 4.djvu/239

 A. D.I 705' Anno quarto Annje Regln^. C, 3. 187 Hereditaments within this Kingdom of EnglaruU or the Dominions thereunto belonging, or to enjoy- any Benefit or Advantage of a natural born Subje£t of England; but every fuch Perfon fhall he from thenceforth adjudged and taken as an Alien, born out of the Allegiance of the Queen of Eng- land, until fuch Time as the Succeflion to the Crown of Scotland be declared and fettled by an A<3: of Parliament in Scotland, in the fame Manner the Succeffion to the Crown of England is now fettled by Afl: of Parliament in England, in Cafe of her Majefty's Demife without Ifiue of her Body.' ' ' III. And be it further enafed by the Authority aforefaid, That if any Perfon or Perfons whatfo- ^°'„;„'^^f„ ever, fliall at any Time from and after the. twentieth Day of February one thoufand feven hundred and ScotbTd'Torfc'i- four, until fuch Time as the Succeffion to the Crown of Scotland be declared and fettled by an Aft of ture lool.&c. Parliament in Scotland, in like Manner, as aforefaid, convey or fend, or caule to be conveyed or fent from any Parts or Place in England or Ireland, any Horfes, Arms, or Ammunition into the Kingdom of Scotland, every fuch Perfon or Perfons fhaU forfeit the Sum of one hundred Pounds, and treble the Va- lue of fuch Horfes, Arms, or Ammunition ; one third Part thereof to the Queen's moft Excellent Ma- jefty, her Heirs and SucceJffors ; and the other third Part thereof to him or them who will fue for the fame in any of her Majefty's Courts at Wejlmirifter, by Action of Debt, Suit, Bill, Plaint, or Informa- tion, wherein no EfToin, Proteftion, or Wager of Law fhall lie. ' IV. And be it further enafted by t'le Authority aforefaid, That from and after the faid five and ^'^'"■'^'^^^'"<= twentieth Day of December one thoufand feven hundred and five, until fuch Time as the Succeffion p^^i^j '^'^ to the Crown of Scotland be declared and- fettled by an Aft of Parliament in Scotland, in like Manner, as fo'Jfej'ted'. aforefaid, no great Cattle or Sheep fhall be brought out of, or from the Kingdom of Scotland into the Kingdom ox England or Ireland, Dominion K>f IValcs, or Town oi Berwick upon Tweed, under the Pe- nalty of forfeiting all fuch great Cattle or Sheep to him or them who will feize or fue for the fame, and alfo the Value of fuch great Cattle or Sheep ; one third Part to the Qiieen's mpft Excellent" Majefty, her Heirs and Succeflbrs, and the other two third Parts thereof to him or them who will fue for the fame, to be recovered as aforefaid.' ' V. And be it further enafted, That it fhall and may be lawful to and for any Perfon and Perfons what- 'Cattle To brought foever^ to take and feize in any Place or Places whatfocver, the great Cattle or Sheep brought contrary may be deta]ned to this Aft into this Kingdom of England or Ireland, Dominion oiWcdes^ or Town oi Berwick upon 4 "^^'^j ^^• Tweed, and detain the fame, during the Space of four Days, in fome publick or convenient Place where fuch Seizure fhall be made, within which Time, if the Owner or Owners, or any on his or their Be- half, fliall make it appear unto fome Juftice of the Peace of the fame County where the fame fhall be fo feized, by the Oath of two credible WitnefTes (which Oath the faid Juftice of the Pe.ace is hereby re- quired and impowered to adminlller) that the fame were not brought from Scotland, after the faid five and twentieth Day ol Decemhir one thoufand feven hundred and five, then the, fame upon the Warrant '^ of fuch Juftice fhall be forthv/ith re-delivered.' ' VI. And be it further enafted. That if utiy Englifi or other Cattle or Sheep, fhall be, with the Engllih Cattle Privity or Knowledge of the Owner, or any Perfon employed by him, driven or intermixed, or cauffd intermixed, for- to be driven or intermixed with great Cattle or Sheep, brought out of or from Scotland, and fliall be f"'^'^- feized with them, fuch Cattle and Sheep fo intermixed and feized, fliall be deemed Scotch Cattle, ' and fhall be fubjeft to the like Forfeiture, and ordered and difpofed of in all Refpefts as if they were brought out of or from Scotland, contrary to this Aft j and if any Perfon or Perfons fhall wilfully and fraudulently confpire, confederate, or agree together to avoid or evade the Seizures Or Forfei- tures upon the bringing in of Cattle in this Aft particularly fpccified, and the fame fliall put in Execution, then every fuch Perfon and Perfons, being thereof indifted or prefented v/ithin one Year, next after fuch Offence by him or them committed, and being thereof lav/fully convifted or attaijitcd, at any Time hereafter, fliall forfeit the Sum of one hundred Pounds, to be recovered and diftributed, as aforefaid.' Information, fliall bo commenced or profecuted againfl any Perfon or Perfons for any Seizure, or other piead the Gtne- Thing done or made in Purfuance or Execution of this Aft, fuch Perfon or Perfons fhall not be obliged " '■^* to give any more than a common Appearance, aiid may plead the General Iffue, and give the fpecial Matter- in Evidence; and if the Plaintiil'or Profecutor Ihall become nonfuit, or forbear Profecution, or fufFcrDifcontinuance, or if a Verdift pafs againft him in any fuch Aftion, Bill, Plaint, Suit, or Infor- mation, as aforefaid, the Defendants fhall have treble Cofts, for which they fliall have the like Remedy as in any Caie-where Cofts by Law are given to the Defendant.' ' VIII. And be it further enafted by the Authority aforefaid. That from and after the five and twen- Scotch Coals im^ tieth Day of Deceml-er one thoufand I'evsn hundred and five, until fuch Time as the Succeffion to the ported forfeited. Crown of Scotland be declared and fettled by an Aft of Parliament in Scoilind, "in like Manner as afore- faid, no Scotch Coals, fhall be im.i^orted out of the Kingdom of Scot la-nd into the Kingdoms of E?ig/and or Ireland, Dominion of JVales, or Town of Berwick upon Tweed, under the Penalty of forfeiting the Coals fo imported ; one Half to the Qiteen's moft Excellent Majefty, the other Half to fuch Perfon as fliall feize or fue for the fame.' ' IX. And be it further enafted by the Authority aforefaid. That from and after the. fiid five and Scotch Line." twentieth D.ay of Dccanber one thoufand feven hundred and five, until fuch Time, as the Succeffion to ^l'"- the Crown of Scotland be declared and fettled by an Aft of Parliament in Scotland, in like Manner, as " " aforefaid, no St-^^c/i Linen fhall be imported or brought out of Scothmd rX.o xht K. gAo-a of England, Dominion of JVales, Town of Berivick upon Tweed, or Ireland, under the Penalty of forfeiting the faiJ Linen, and double the Value thereof, to be recovered with Cofts of Suit in any of her Majcftys Courts B b z 'of
 * VII. And be it further enafted by the Authority aforefaid. That if any Aftion, Suit, Bill, Plaint, or Perfons fued, to