Page:Ruffhead - The Statutes at Large - vol 6.djvu/301

 A. D. 1736. Anno nono Georgii II. C. 35. 239 Evidence; and the faid Officer or other Perfon (hall recover his Cofts of Suit againft the Pcrfon or Per- fons fo bringing or commencing fuch Action or Profecution. V. Provided alio, and be it further enacted by the Authority aforefaid, That all and every Perfon Perrons having and Perfons, who (hall take, receive, or be intitled to the Benefit of this prefent Act of Indemnity, and the Benefit of fhall afterwards be guilty of, or commit any of the Offences, Trefpaffes, Frauds, or Mifdeincanors, as afterw^rdsTml- are herein before-mentioned, or hereby intended to be acquitte.d, releafed, or dilcharged, 01 any of the tyof the like Offences hereafter in this Act to be mentioned or expreffed, (hall be fubject and liable to be proiecuted, Offence*. liaHe not only for or in refpect of fuch new Offence by him, her or. them committed, but fhall alio for and in f or both°fo''rnier refpect of the faid Offences committed before the making this Act, and for and in refpect of all Bonds and new Gr- and Securities by them or any of them given to his Majefty, or to any Perfon or Perfons for his Ma- fence and lor jefty's Ufe, commonly called Smugling_ Bonds, be fubject and liable to all and every the fame Pains, Eoncfs^&c. Penalties, Forfeitures and Actions, for Duties of Cuftoms or Excife, and Actions upon the faid Bonds and Securities, as he, (he, or they would have incurred or been fubject or liable to, in cafe this Act had never been made ; any thing herein contained to the contrary thereof notwithstanding. VI. Provided alfo, That this Act, or any thing herein contained, fhall not extend, or be conftrued to This Aft not to extend, to acquit, releafe or difcharge any Judgment or Judgments, where the Monies or other Things ^'^n^for recovered have been actually levied or taken in Execution before the making of this Act ; nor (hall the fame Monies actually extend, or be conftrued to extend, to acquit, releafe, or difcharge any Judgment or Judgments, in re- levied, fpect to fuch Part thereof as belongs to the Informer, or fuch Perfon or Perfons who hath or have joined nor the Infor- with his Majefty in fuch Suit or Suits, wherein fuch Judgment or Judgments hath or have been obtain- mer's Part of ed, unlefs and until fuch Perfon or Perfons who would take the Benefit of this Act (hall pay to fuch In- tlle Penaltv - former or other Perfon or Perfons the Full Cofts of fuch Suit or Suits, in which fuch Judgment or Judgments (hall have been obtained. VII. Provided alfo, and be it further enaded by the Authority aforefaid, That if any Perfon or Per- Itbteob™^ fons who hath committed or been guilty of any of the Offence or Offences herein before mentioned, for ported for any which any fuch Perfon or Perfons is or are by any Law or Statute now in being liable to be tranfported fuch 9 ff ? rces > as a Felon or Felons, fhall for any of the faid Offences take or receive the Benefit of this prefent Act, h^Xr'daim- and (hall afterwards be guilty of, or commit any of the faid Offences, for which he, (he, or they is or ing the Benefit are now liable to be tranfported as aforefaid ; then all and every fuch Perfon and Perfons (being duly con- ? f J llls n Afl ,' to victed of or for any of the faid Offences hereafter to be committed as aforefaid, and upon due Proof u er eatl * made that fuch Perfon or Perfons had committed any of the faid Offences before the making of this Act, and had taken or received the Benefit thereof for his, her or their Difcharge) fhall be adjudged guilty of Felony, and (hall fuffer Death as in Cafes of Felony without Benefit of Clergy. VIII. Provided alfo, That all Perfons, who have compounded with or agreed to pay any Sum of Mo- Perfons negka. ney by way of Compofition to his Majefty, or to the Lords Commiffioners of his Majefty's 1 reafury, ln S tppayCom- or to any of the Barons of the Exchequer, or to the Commiffioners of the Cuftoms or Excife refpec- excluded from^' tively for the time being, on his Majefty's Behalf, for or in refpect of any of the above mentioned Of- the Benefit of fences, or for the Forfeitures or Penalties arifing thereby, fhall make good fuch Compofitions and Agree- this Ait * inents as have been by them refpectively made, or in Default thereof all and every fuch Perfons fhall -be excluded and deprived of and from all Benefit and Advantage of this Act. EXCEPTED and fore- Excepted out of prized out of this Act, all Seizures of prohibited or uncuftomed Goods and other Goods, and all Sei- l w s Aif > * n zures of Ships, Veffels, Boats, Horfes, or other Cattle or Carriages, liable to be feized and forfeited by Good/ Veffels any Law in Being relating to his Majefty's Revenues of Cuftom or Excife, for or in refpect of the For- &c. feiture and Condemnation of fuch Goods only; and alfo faving and excepted out of this prefent Act Money due on unto his Majefty, his Heirs and Succeffors, all Cuftoms, Duties, and Sums of Money due and owing Entr y of Goods, from any Perfon or Perfons, for or upon the Entry or lawful Importation of any Goods, Wares, ororBond: Merchandizes ; and all and every Debts and Sums of Money due to his Majefty from any Perfon or Perfons upon any Bond, Obligation, or other Contract or Agreement whatfoever, touching or concern- ing the lawful landing or importing any Goods, Wares, or Merchandizes, or the Cuftoms or other Duties due or payable for the fame ; and all Bonds and Obligations given by any Officer or Officers of the Cuftoms or Excife to his Majefty, or any of his Predeceffors, or to any other Perfon or Perfons for. the Ufe of or in Truft for his faid Majffty or his Predeceffors; and alfo faving to his faid Majefty, his Heirs and Succeffors, all Debts, Dues, and Demands, due or owing to his faid Majefty for or in re- fpect of any Sum or Sums of Money by him or any of his Royal Predeceffors at any Time paid upon Debentu e any Debenture or Debentures, Certificate or Certificates, where any fuch Debenture or Certificate was fraudulently ob- wrongfully or fraudulently obtained, or where the fame Debenture afterwards became void by any re- tained, landing of the Goods therein mentioned, or by any other Way or Means whatfoever ; and all other an a Aflions Debts, Dues, and Demands, for and in refpect of the Cuftoms, Excife, and other Duties chargeable on now depending, any Goods, Wares, or Merchandizes, concerning which there is any Action, information, Suit, or Profecution now depending in any of his Majefty's Courts at Weftmhiftcr or elfewhere. IX. Provided neverthelefs, and be it enacted by the Authority aforefaid, That in cafe any Judgment Treafury may fhall be given for his Majefty, his Heirs or Succeffors, in any Suit or Suits depending in any of his Ma- c^feswhere'" jefty's Courts at Weftminjler or elfewhere, on the Eleventh Day of May one thoufand feven hundred judgment was- and thirty-fix, for the Recovery of any Debts, Dues, or Demands, due or owing to his laid Majefty S^? 11 / 01 : hi s s . for or in refpect of any Money paid by him or his Royal Predeceffors upon any Debenture or Debentures, pending on" or Certificate or Certificates, where any fuch Debenture or Certificate was wrongfully or fraduiently cb- n May 1736, tained, or where the fame became void by relanding the Goods therein mentioned, or by any other Ways relating tofte- or Means whatfoever ; it fhall and may be lawful to and for the Commiffioners of his Majefty's Trea- entuics > fury, or any three or more of them, or the Lord High Treafurer for the time being, in cafe he or they fhall