Page:Ruffhead - The Statutes at Large - vol 6.djvu/132

 7© C. 30. Anno quarto Georgii II. A. D. 17 31. ' II. And whereas Gunpowder exported for Africa is fold and delivered in very fmall Parcels, and at c Places along the Coaft, where no Certificates can be had,' Therefore be it further enacted by the Au- OuMpmvdertx- thority aforefaid, That in every fuch Cafe upon Proof made upon Oath, or being of the People called poned for Afri- 6)u a $ erSj U p n folemn Affirmation of the Mafter, Mate, Purfer or other Perfon, having the Charge of the Ship during the Voyage, importing that fuch Gunpowder was fold and delivered upon the Coaft of Africa, and alfo of the Oath or folemn Affirmation as aforefaid of the Merchant Exporter, if living, that to the bed of his Knowledge and Belief, the faid Goods have been difpofed of at the Places to be men- tioned in the refpective Oaths, Affidavits or Affirmations of the Mafter, Mate, Purfer or other Perfon, having Charge of the Ship during the Voyage, and that they have not been relanded or brought on Shore again in any Port or Part of Great Britain, the fame (hall be taken in lieu of the Certificates aforefaid, and be allowed of in full Difcharge of the Bonds to be given in Purfuance of this Act j any Thing herein contained to the contrary thereof in any wife notwithftanding. Penalty for rs- III. And be it further enacted by the Authority aforefaid, That if any Gunpowder fhipped to be ex- panding, ported, for which Allowance is hereby made, lhall be relanded or unihipped in any Port or Place in Great Britain, contrary to the true Intent and Meaning of this Act, without the Licence of one or more of the principal Officers of fuch Port or Place firft had and obtained, or unlefs it be in cafe of Diftrefs- to fave the faid Gunpowder from perifhing, which (hall be forthwith made known to one or more of the faid Officers, the faid Gunpowder, over and above the Penalty of the Bond to be leyied and reco- vered to his Majefty's Ufe as aforeiaid, and treble the Value of fuch Gunpowder, fhall be forfeited and loft, and fhall and may be profecuted and divided in the Manner herein after mentioned. Allowance to be IV. And be it further enacted by the Authority aforefaid, That the faid Allowance lhall be forthwith iftomer. eCu ~ P a >d by the refpective Cuftomer or Collector, out of any Money in his Hands arifing from Cuftoms or other Duties upon Goods imported from Parts beyond the Seas ; and the Money fo paid (hall be ac- cepted of in his or their Account, as fo much paid to his Majefty, and he and they is, are and fhall be discharged thereof accordingly. When Duties y. provided always, and be it further enacted by the Authority aforefaid, That in cafe any of tha of Sal? Petre° n Duties now payable upon the Importation of Salt Petre and Brirrutone, (hall during the Continuance of and Brimftone, this Act be redeemed, or otherwife ceafe to be payable, fo much of the Allowance to be made on the 'd^Ail recleem " Exportation of Gunpowder (hall be abated, as fhall bear a Proportion to the Duties fo redeemed, or for Gunpowder tnat nia " ceat " e t0 De payable on the Importation of Salt Pftre and Brimftone; any Thing herein con- to be abated, tained to the contrary thereof notwithftanding. Penalties how VI. And be it further enacted by the Authority aforefaid, That the Penalties In this Act mentioned So be .levied. (hall and may be profecuted and determined by Bill, Plaint or Information in any of his Majefty's Courts of Record at Wejlminjler, or in the Court of Exchequer at Edinburgh refpectively ; wherein no Efibin, Protection, Privilege, Wager of Law, or more than one Imparlance (hall be allowed ; and one Moiety fhall be to the Ufe of his Majefty, his Heirs and Succeffors, and the other Moiety to fuch Perfon or Perfons who will fue or profecute for the fame. VII. And be it further enacted by the Authority aforefaid, That if any Action or Suit (hall be com-, menced againft any Perfon or Perfons, for any Thing done in Purfuance of this Act, the Defendant or Ceneraliilue. Defendants in fuch Action or Suit may plead the General Iffue, and give this Act and the fpecial Matter in Evidence at any Trial to be had thereupon, and that the fame was done in Purfuance and by the Conccmmg Gun- Authority of the faid Act ; and if it lhall appear fo to have been done, the Jury (hall find for the De- piwdcr jet far- fendant or Defendants, and if the Plaintiff (hall be nonfuited or difcontinue his Action after the De- tbef, 15 Om. z. fendant or Defendants (hall have appeared, or if Judgment (hall be given upon any Verdict or Demurrer %}gv. 2. c. 38. -againft the Plaintiff, the Defendant or Defendants (hall and may recover treble Cofts, and have the like isGtij.i. r, i($. Remedy for the fame, as the Defendant or Defendants haih or have in other Cafes by Law. C A P. XXX. An Acfl for* rendring more effectual an Act made in the third Year of his Majefty's Reign, intituled, An Att for the better Regulation of the Coal Trade, lb far as the fame relates to the preventing the inhancing the Price of Coals in the River of Thames by the keeping of Turn in delivering of Coals there. o 3 C$a. 2, c, 26. ' TT 7 HERE AS by a Claufe in an Act patted in the third Year of his prefent Majefty's Reign, ' V V intituled, An Ail for the better Regulation of the Coal Trade, it is enacted, That from and after ' the twenty-fourth Day of June one thoufand (even hundred and thirty, every Mafter of a Ship or L major Part of his Ship or Veffel, provided there was nothing contained in fuch Directions, which ' ing of Turn in "delivering of -Coals there-; And whereas notwithftanding the Provifion made by the ' faid in Part recited 'Clause, the fame lias been evaded, by Means whereof the Price of Coals may be For Remedy whereof, be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent cf the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affemblcd, l..p'n?Tum ; nd by the Authority of the fame, That from and after the fifteenth Day of May one thoufand feveri in delivering hundred and thirty-one, it (hall not be lawful for any Owner or Owners of any Ship or Veffel. im- C*asin the ployed in the Coal Trade, or any Perfon authorized by them, ox any other Perfon or Perfons whatfo- 1 names, 100 1. r ' ' ' J '
 * Veffel ufing the Coal Trade ihould be fubject to the Direction of the Owner or Owners of the
 * Ihould relate to the remaining or inhancing the Price of Coals in the River of Thames, or to the keep-
 * advanced to the Prejudice of feveral Manufactures, as well as to the Oppreffion of the Poor :