Page:Ruffhead - The Statutes at Large - vol 5.djvu/390

350 C. 21. Anno feptimo GeorCii Regis. Stat. i. A. D. 1720. Exchequer ' dize, Treafure and Effects fo traded for, nor therefore obtain any Satisfaction or Compenfation for the Da- againfl i'uch as ' mages by them fuftained, to their great Lofs and Detriment, and to the great and apparent Leffening of ElcuhiiiaihZr ' his Ma J e %' s Revenue :' Therefore it is provided and further enaded by the Authority aforefaid, That z^june'i^zi, lt ^ ai ' and ma y ^ e lawful to and for his Majefty's Attorney General for the^Time being, at the Relation of contrary to Law, thefatd Company, or by his own Authority, to exhibit a Bill or Bills of Complaint in his Majefty's Court or againft their of Exchequer againft any Perfon or Perfons Trading, Dealing, Trafficking or Adventuring, at any Time Agents, &c. for from and Tter the faid twenty-fourth Day of June one thoufand feven hundred and twenty-one, in, to or TradinfP&c and ^ rom ^ s Eajl-Indies, or Places aforefaid, contrary to Law, or againft any Perfon or Perfons concerned as waiving'tne'pe. Agent, Factor or Copartner with fuch illegal Traders, for Difcovery of fuch their Trading, Dealing, Traf- nalties, &e. ficking and Adventuring, and for Recovery of fuch Duties and Damages as are herein after mentioned, wai- ving or difclaiming in every fuch Bill all the Penalties and Forfeitures incurred by fuch Perfon or Perfons fuch Perfons for the Matters in fuch Bill contained; and that fuch Perfon or Perfons (hall anfwer the faid Bill or Bills, fhall anfwer, anc j not pl ea( j or fj em ur to the Difcovery thereby fought, and pay to his Majefty the Cuftoms and Duties dEmurto^efaid °^ the Goods and Merchandize arifing, produced or purchafed by the faid unlawful Trade, Traffick or Bills, and pay Adventuring, and {hall anfwer and pay to the faid Company for the fame thirty Pounds per Centum accord- theCuftoms, *c. ing to the Value thereof in E?igland; ann if fuch Offender or Offenders pay the faid Duties and Cuftoms, or the Amount of the fame, into his Majefty's Exchequer for the Ufe of his Majefty, and Damages to the faid Company, he or they fhall not be profecuted upon any other Branch or Article in this A£f, or upon any other Law or Statute whatsoever, for the fame Offence; and if fuch Bill or Bills (if exhibited at the Colts to be paid Relation of the faid Company) be difmiffed by the Court where the fame fhall be exhibited, the faid Uni- ty either Side, ted Company fhall pay every fuch Defendant and Defendants his and their Cofts of Suit; and in cafe there be a Decree obtained againft the Defendant or Defendants, fuch Defendant or Defendants fhall pay Cofts to his Majefty and the Relator reflectively. Forfeitures ap- VI. And it is hereby further enacted by the Authority aforefaid, That all and every the Forfeitures and ._.. and 5 Geo. i. Annum, and for fettling the Trade to the Eaft-Indies; or in and by one other A£t made in the fixth Year of e 21. to be re- the Reign of her late Majefty Queen Anne, intituled, An Ac7 for better fecuring the Duties of Eaft-Irtdk &cT-&feTh?rd < ^, oocls ' or '" anc ' by one ° ther A( ^ macJe in the ^ft' 1 Year of " the R e 'S n °f h ' s P re f" ent Majefty, intituled, totheKin'.one ^ n -del for the better fecuring the lawful Trade of his Majefty s Subjeils to and from ^Eaft-Indies; and for ether to the ■»* more effectual preventing all his Majeftfs Subjecls trading thither under foreign Commijfions, fhall from and Company, and after the laid four and twentieth Day of June one thoufand feven hundred and twenty-one be fued for, re- the remaining covered and recoverable in any of his Majefty's Courts of Record at Weflminfter, by Bill, Plaint or Infor- Offi'ers°or the mat . ion ' at the Suit or Profecution of his Majefty's Attorney General for the Time being, or of the faid CuJtemsthat United Company, or of any Officer or Officers of the Cuftoms, fuch Officer or Officers of the Cuftoms fliailfue for the firft taking fuch Confent and Directions as is or are contained in the Provifo for that Purpofe hereafter; fame. and that one third Part of all fuch Forfeitures and Penalties fhall be to the Ufe of his Majefty, his Heirs and Succcflprsj one other third Part thereof to the Ufe of the faid United Company; and the remainim; third Part thereof to the Ufe of fuch Officer or Officers of the Cuftoms as {hall inform, and fo as aforefaid foe for the fame; in which Suits or Profecutions no Eflbin, Wager of Law or Protection fhall be allowed, or anymore than one Imparlance, fuf uiihTt 1c- - " * >rov ' c ' eti nevertheless, a "'J it is hereby further enacted and declared, That before any Suit or Pro- cjnain'tingthe " f" ecllt i° n fhall bs commenced for the Recovery of all or any the Penalties or Forfeitures aforefaid, by any Court of "birec- fuch Officer or Officers of the Cuftoms, fuch Officer or Officers fhall firft repair and go to the Court of tors, who, if they Directors of the faid United Company for the. Time being, and make known to them the Offence com- chufu tofue in rnitted, and his or their Intentions fo fue or profecute for the fame; and if the faid Court of Directors fhall QaarM- Part of cuted accordingly, in the Name of the Attorney General, as aforefaid; and then and thereupon there fhall the Monies reco- be yielded and paid by the faid Company to fuch Officer or Officers one Quarter Part of the Monies that t^eVfiiSges" ^ 1a " k £ recovcred u P on fuch Suit, for the Benefit of the faid Company; and the faid United Company otherwife the A- a l' moreover bear the Charges of the faid Suit or Profecution; but if the faid Court of Directors fhall Officers (hall elxt to have the Suit or Profecution commenced for the Penalties or Forfeitures by Informations or Actions profecute, and of Debt at Lav.', then the faid Officer or Officers fhall accordingly fue and profecute for the fame at Law; £° c / d A f ™ h n ^" uc ' and th - faid Informations or Actions fhal! be proceeded upon, and fhall not be difcontinued or determined, Confent of the but ~ ,y and w '^ the Confent of the faid United Company, or their Court of Directors. Ccmpaiy. VIII. Provided always, That this AcT: or any Thing herein contained fhall not extend, or be conftmed, Not toex'cid deemed or taken to extend, to fubject the Governor and Company of Merchants of England trading into to the Levant the Levant Seas, or any Member thereof, to anfwer fuch Bill, or fubject him or them to any other the Pe- pary. n'alties and Forfeiture's hereby enacted, for or in refpect of his or their trading into the Levant Seas; any Thing herein contained to the contrary in any wife nothwithftanding. 7 Geo. 1. c. 7, IX. And it is further enacted by the Authority aforefaid, That from and after the faid four and twentieth After 44 Jun* Day of June ons thoufand feven hundred and twenty-one, no Commodity of the Growth, Product or Mj- Co'-ds caWied ,d rufa<aure or " tR e Eafl-lndies, or other the Places aforefaid, fhall be imported or carried into the Kingdom juto Ireland, & f Ireland, the Iflands of Jerfey, Guernfey, Aldcrney, Sari or Man, or into any Land, Ifland, Plantation, Jcrfejyftc. ex. Colony, Territory or Place, to his Majefty, or to the Crown of Great Britain belonging, or which fhall hereafter hereafter