Page:Ruffhead - The Statutes at Large - vol 5.djvu/432

 386 C. 19. Anno odtavo Georgii Regis. A. D. 1721. from and after the twenty-ninth Day of September one thoufand feven hundred and twenty-two, all Cop- per Ore fhall be, under the like Securities and Penalties, reftrained to be imported into this Kingdom, as by the fore-recited Acts, or any of them, is provided for the Goods therein particularly enumerated j anv Lav/, Cuftom or Ufage to the contrary notwithstanding. Penalty, how to XXIII. And be it further enacted by the Authority aforefaid, That the feveral Penalties and Foffei- be protected, tures m t ^j s j^g. mentioned, fhall and may be profecuted and determined by Bill, Plaint or Information, in any of his Majefty's Courts of Record at Wejiminjier, or in the Court of Exchequer at Edinburgh re- spectively, (except where it is in this Act other wife directed) wherein no Effoin, Protection or Wager of Law fhall be allowed ; and one Moiety of the faid feveral Penalties and Forfeitures fhall be to the Ufe of his Majefty, his Heirs and Succeffors, and the other Moiety to fuch Perfon or Perfons as will fue for or profecute the fame. . Seizures, how <• XXIV. And whereas Doubts have arifen and been made of and concerning the feizing of fuch Bran- and b > ' whom ' dy, Arrack, Rum, Spirits and Strong Waters, as well Foreign as Britijh, and alfo of fuch Foreign to e ma e. 4 excifeable Liquor, as by Act or Acts relating thereto now in Force, are in feveral and refpective Cafes f enacted and declared to be forfeited ; now to clear all Doubt and Queition therein, or relating thereto,' Be it enacted and declared by the Authority aforefaid, Thit the Liquors aforefaid, every or any of them, which have been, are, is, or hereafter fhall be. forfeited by any Act or Acts of Parliament pow in Force; or hereafter to be made, together with the Casks, Bottles, VefTels, or other Package containing the fame, ought to be, and from time to time fhall and may be feized by any Officer or Officers of the Cu- ifoms or Excife respectively, or by fuch Perfon or Perfons who are or fhall be deputed or authorized there- to, by.Warrant from the Lord Treafurer or Under Treafurer, or by Special Commiffion from his Ma- jefly, under the Great Seal or Privy Seal, but by none other or others whatfoever. «r« fift &f ( f" 5 " XXV. And be it further enacted by the Authority aforefaid, That if from and after the twenty-fifth icits 40 1. Day of March one thoufand feven hundred and twenty-two, any Perfon or Perfons whatfoever, fhall af- Concsvmng Bran- fault,' refill, oppofe, moleft, obftruct or hinder any Officer or Officers of the Cuftoms or Excife, in the dy, &c. ja far- due feizing or fecuring any Brandy, Arrack, Rum, Spirits or Strong Waters, either Foreign or Britijb, tier 11 Geo. j. or an y foreign excifeable Liquors, which by any Officer or Officers of Cuftoms or Excife, fhall or may ' 28 6C' OT ' a k ? feized by Virtue or in Purfuance of this or any other Act or Acts now in Force, or hereafter to be c 17.' 7 Geo. z. made, or fhall by Force or Violence refcue, or fhall caufe or procure to be refcued, any Brandy, Arrack, c 14. 9 C«. 2. Rum, Spirits or Strong Waters, Br'itifh or Foreign, or any foreign excifeable Liquors, after the fame £.23. iofo.2. fhall have been 'feized by fuch Officer or Officers as aforefaid, or fhall attempt or endeavour fo to do, or c.i-] 11 Geo. 2. flja.]l 5 a t or after fuch Seizure, {rave, break, or otherwife deftroy or damage any Cask, Veffel or Bottle c.z-' i6Gm't" containing fuch Brandy, Arrack, Rum,' Spirits or Strong Waters, Britijh or Foreign, or fuch foreign c. 8?' 17 Geo. z. excifeable Liquor, the Party or Parties fo offending fhall for every fuch Offence, forfeit and lofe the Sum c. 17. iqGra.a. of forty Pounds. c, 12. zcGeo. 2. c. 39. 24 Geo. 2. c. 40. 26 Geo. z. c, 13. 27 Geo. 2. c. 11. 31 Geo. 2. c. 36. 32 Geo. 2, c. 29. 33 Geo. 2. c. 9 &f 28". General Iffue. XXVI. And be it further enacted by the Authority aforefaid, That if any Action or Suit fhall be com- menced againft any Perfon or Perfons for any Thing done in Purfuance of this Act, that the Defendant or Defendants in fuch Action or Suit may plead the General IfTue, and give this Act and the Special Mat- ter in Evidence, at any Trial to be had thereupon, and that the fame was done in Purfuance and by the Authority of the faid Act ; and if it fhall appear fo to have been done, then the Jury fhall find for the Defendant or Defendants ; and if the Plaintiff fhall be nonfuited, or difcontinue his Action, after the Defendant or Defendants fhall have appeared, or if Judgment fhall be given upon any Verdict or De- Treble Cofts. murrer againft the Plaintiff,, the Defendant or Defendants fnall and may recover treble Cofts, and have the like Remedy for the fame, as the Defendant or Defendants hath or have in other Cafes by Law. ^ h,s *f f to t XXVII. Provided always, and it is hereby further enacted by the Authority aforefaid, That this pre- hears 1 af er 2; 1 ' £nt Act fhall continue and be in Force for the Space of two Years, commencing from the twenty-fifth March 1722, &c. Day of March onejhoufand feven hundred and twenty-two, and from thence to the End of the then ' Farther conti- next Seffion of Parliament, and no longer. nuea by S Geo. .- 2.. c. 22, 13 Geo. 2. c. 33. & 20 Geo. 2. c. 47.' and lajily by 33 Geo. 2. c. 16. Concerning Cufiotns, fee farther 8 Geo. 1. c. 31, 9 Geo. 1. c. 21* 1i Geo. 1. c. 7 & 30. 12 Geo. 1. c. 28. 1 Geo. 2. St. 2. c. 17. 9 Geo. a. c. 35. 15 Geo. 2. c. 31. iS Geo, 2. c. 28. 19 Geo. z c. 34. 21 Geo. 2. c. 2. 28 Geo. 2. c. 21. 30 Geo. 2. c. lS & 29. 32 Geo. 2. c. 10. CAP. XIX. An Ad for the better Recovery of the Penalties inflicted upon Perfons who deftroy the Game. 73 R. i. St. 1. !■ XT OR rendring more effectual the Laws now in Being for the better Prefervation of the Game, Be it r. J i3. 3 £f 4 J[/ enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords W. & M. c. 10. Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority 6f -P^ h f ere ft7fh a " y fame, I hat wherefoever any Perfon fhall, for any Offence to be hereafter committed againft any tfter°be luhle'to Law now in Being for the better Prefervation of the Game, be liable or fubject to pay any pecuniary any pecuniary Penalty or Sum of Money, upon Conviction before any Juftice or Juftices of the Peace, it fhall and may Penalty for Of- be lawful for any other Perfon whatfoever, either to proceed to recover the faid Penalty, by Information ftnees commit- Ud againft the Laws for liWervation of the Game j any other Rcrfon may recover the faid Penalty by Information before a Juftice, or fue for the fame, &c. and