Page:Ruffhead - The Statutes at Large - vol 4.djvu/94

 48 C. 10. Anno undecimo 8c duodecimo Gulielmi III. A. D. 1700. be paid to the King's Majefty, his Heirs and Succeflbrs, and the other two third Parts thereof to him, her, or them that (hall fcize or profecute for the fame ; and over and above the Lofs of the faid Goods the Per- fon or Perfons in whofe Cultody, knowing thereof, the fame (hall be found or feizcd, or that (hall fell or difpofe thereof to any Perfon or Perfons whatfoever, (hall forfeit and lofe the Sum of two hundred Pounds, one third Part thereof to the King's Majefty, his Heirs and SuccelTors, and the other two third Parts thereof to fuch Perfon or Perfons that (hall fue for the fame, to be recovered by Aftion of Debt, Bill, Plaint, Suit, or Information, in any of his Majefty's Courts of Record at JVeJiminJler, wherein no ElToin, Proteftion, or Wager of Law, (hall be allowed, or any more than one Imparlance. III. And for preventing all clandeftine importing or bringing into this Kingdom of England, Dominion of fVales, or Town oi' Berwick upon Tweed, any of the aforefaid Goods hereby prohibited, or intended to he prohibited, from being worn or ufed in England; Be it further enadled by the Authority aforefaid. That if any Perfon or Perfons, or Bodies Corporate, from and after the faid twenty-ninth Day of September one thoufand feven hundred and one, fhall import or bring into any Port of or in this Kingdom of £ng~ Penalty on im- Ifirid, Dominion of Wales, or Town of Berwick upon Tweed, other than the Port of London, any of the ??"'"8 '^"^ aforefaid prohibited Goods, or into the Port of London, and (li all not make due Entries of fuch Goods wile than into ^'^ imported, or brought in, the fame (hall be, and is hereby adjudged, deemed, accounted, and taken the Port of Lon- to be clandeuine running thereof, and fuch Perfon or Perfons, or Bodies Corporate, fo offending therein, don, and there and their Abettors, (hall not only forfeit and lofe the faid Goods fo clandeftinely run, as aforefaid,. but making Entry ^jf^ the Sum of five hundred Pounds, to be recovered and divided in fuch Marnier as aforefaid. thereof. jy_ p^^^ ^g l(. farther enafted, That if any Queftion or Doubt (ball arife where the faid Goods were Proof where manufadlurcd, the Proof fhall lie upon the Owner or Owners thereof, and not upon the Profecutor : any Ooodswerema- ttt/'/-^/i,,i _ -ini- ' nufafturcd to lie •L'aw, Uiage, or Cuitom to the contrary notwithltanding. ontheOwner. V. And be it further enafted, by the Authority aforefaid. That if any A£l:ion, Bill, Plaint, Suit, or Information, fhall be commenced or profecuted againft any Perfon or Perfons, for any Seizure, or other Thing to be made or done in Purfuance, or in Execution of any Thing before in this A£t contained, fuch Perfon or Perfons, fo fued in any Court whatfoever, may plead the General IITue, and give this A£l and the fpecial R-Iatter in Evidence, for their Excufe or Juftification ; and if the Plaintiff or Plaintiffs, or Pro- fecutor or Profecutors, (hall become nonfuit, or forbear Profecution, or fuffer Difcontinumce, or if a Verdift pafs againft him, her, or them, in any fuch ASion, Bill, Plaint, Suit, or Information, as afore- TreUeCofla, (aid, the Defendant or Defendants fhall have Treble Cofts, for which they (hall have the like Remedy, as in any Cafe where Cofts by Law are given to the Defendant. VI. And for preventing clandeftinely carrying out of the faid Warehoufes any of the faid Goods hereby prohibited, and by this Aft intended for Exportation, as aforefaid ; Be it further enaftcd by the Autho- Warehoufe- rity aforefaid. That the Warehoufe-keeper or Warehoufe-keepers (hall keep one or more Book or Books, keepers to enter -^herein he or they (hall fairly enter or write down an exaft, particular, and true Account of all and every in or°carried out' Cheft, Bale, and Number of Pieces therein contained, of fuch of the aforefaid Goods only, which (hall of their Ware- be brought into, and carried out of, his or their faid Warehoufe or Warehoufes, and the Days and Times houfes, &c, when the fame (hall be fo brought in and carried out ; and fhall every fix Months in the 'ear tranfmit in Writing an exatSt Account thereof, upon Oath, to the faid Commiffioners, together with an exaft Account how much (hall be remaining in his or their faid Warehoufe or Warehoufes refpeftively ; and give Ac- and the faid Commiffioners are hereby impowered and injoined, within one Month after the fame (hall count' every fix be tranfmitted to them, as aforefaid, to appoint one or more Perfon or Perfons to infpedt the faid ^^iffior"of""' Book or Books, Warehoufe or Warehoufes, and examine the faid Accounts, and to lay a true Ac- Cuftotns &c, count of the fame before the Parliament, within the firft Week of every Scffions thereof; and if upon Examination it (hall appear, that any of the aforefaid Goods were carried out, unlefs for Exportation, Penalty. or before fufficien.t Security given for their Exportation, as aforefaid, that then the Warehoufe-keeper or Warehoufe-keepers, fo offending therein, (hall not only forfeit and lofe the Value of the faid Goods fo carried out, as aforefaid, and be for ever difabled from any publick Employment for the future, but fhall alfo forfeit the Sum of five hundred Pounds for every fuch Offence, to be recovered and divided in Manner as aforefaid. Not to extend to VII. Provided always, and it is hereby enadted. That this KSi (hall not extend to any Silks, Apparel, &c. Bengals, Stuffs, mixed with Silk or Herba, or painted, dyed, printed, or ftained Calicoes manufaftured thT' Provifo'a - ^" Pe^fi^') China, or Eajl India, which (hall have been made up and ufed in any Sort of Apparel or Furni- plied by lo Geo. ture, before the faid twenty-ninth of September one thoufand feven hundred and one. I.e. II. toFur- VIII. Provided, always, and be it further enafted. That it fliall and may be lawful to and for niture made up the Proprietor or Proprietors of the faid Goods fo lodged in any Warehoufe or Warehoufes, as afore- before 25 Dec. f^jj^ jq zlSin. one Lock to every fuch Warehoufe or Warehoufes, the Key of which (hall remain in Pr"tietors of '^^ Cuftody of the faid Proprietor or Proprietors ; and that he or they may view, fort, or deliver fuch Goods may the faid Goods, in Order for Exportation, as aforefaid, in the Prefence of the faid Warehoufe-keeper affix one Lock or Warehoufe-keepers, who is and are hereby obliged, at feafonable Times, to give Attendance for toWatehoufc,&c. [hat Purpofe, Goods imported IX. Provided alfo, and be It enaflred by the Authority aforefaid, That every Perfon or Perfons, or before 29 Sept. Bodies Corporate, who (hall on or before the faid twenty-ninth Day of Septe?nber one thoufand feven hun- eain'^Ycars^afte'r ^^^^ ^'^'^ °"^' '^po^^ '"'o this Kingdom, Dominion of Wales, or Town of Berwick upon Tweed, any of the butics'on Ex- ' Copimodlties aforefaid, and fliall, within the Space of three Years from fuch Importation, export the portatioij to l)g fame again, (hall be allowed and paid the feveral Duties payable upon the Exportation thereof, as fully allowed. ' as if the fame had been exported within twelve Months after the Importation thereof, 3. X. And