Page:Ruffhead - The Statutes at Large - vol 6.djvu/540

 474- C. 3 2 Anno decimo quinto Georgii II. A.D. 742. Highway* R naltj. See 2 Geo. 2. c 3«: Actum to be (ommenced within 30D3J!. Any Juflice to ili'ue Search Warrants. houfes, &c. if Occafion To feize and move unlawful Quantit es in j 2 Hours ; and detain ihe fame till the Property be de- termined by a Court of Record at Weftminfter. Provifo, General Mac. Treble Cods. This Aft not Magazines. The recited Afls to be in Force orCarriagesloa4-.l a ading or unloading, or paffing or repafling on the Highway ; upon Pain of forfeiting all fuch Gunpow- in 8 or " nlo ^, "|»der, and the Value thereof, with full Cofts of Suit, to any Perfon or Perfons who will inform and fue "■ for the fame, by any Aftion, Bill or Information, in any of his Majefty's Courts of Record at Weft- minfter ; which Courts are hereby impowered and required to give fpecial Judgment in fuch Actions, iiiils or Informations, to b; brought upon this Aft, as well for the Recovery of fuch Gunpowder in Specie, as for the Value thereof, befides Cofts, and to award effectual Execution thereon; any Law, Ufage or Cuftom to the contrary notwithstanding : Provided fuch Suitor Aftion be commenced within thirty Days next after fuch Forfeiture or Penalty fhall be incurred, and fhall be profecuted without wilful Delay. II. And be it enafted by the Authority aforefaid, That it fhall be lawful for any Juftice of the Peace refiding within the Limits aforefaid, upon Demand made by any Parifh Officer, or by any one or more Houfholder or Houfholders, being an Inhabitant or Inhabitants within the faid Limits, affigning a rea- Officers to break f on able Caufe for the fame, to iffue his Warrant or Warrants under his Hand and Seal, for fearching in the Day-time for dangerous Quantities of Gunpowder within the Limits aforefaid, any Houfes, Store- houfes, Warehoufes, Shops, Cellars, Yards, Wharfs, or other Places whatfoever, or any Ships, Boats, or other Veffels on the River of Thames (except as herein before is excepted) within the Limits aforefaid, and for that Purpofe to break open any fuch Houfes, Storehoufes, Warehoufes, Shops, Cellars, Yards, Wharfs, or other Places aforefaid, or any Boats, Ships, or other Veffels, if there fhall be Occafion; and that upon every or any fuch Search, it fhall be lawful for the Searchers or Perfons finding the fame im- mediately to feize, and then, or at any Time within twelve Hours after fuch Seizure, to amove or caufe to be amoved, all fuch Gunpowder as fhall be found within the Limits aforefaid, upon any fuch Search, exceeding the Quantity allowed by this prefent Aft; and the fame being fo amoved out of the Limits aforefaid, it fhall be lawful to detain and keep the fame until it fhall be determined in one of his Ma- jefly's faid Courts of Record at Wejiminfter, whether the fame fhall be forfeited by virtue of this Aft, and the Perfon or Perfons fo detaining the fame, fhall not in the mean Time be fubjeft or liable to any Aftion or Suit for the keeping or detaining the fame until the Property fhall be determined as aforefaid. ' III. And whereas divers Perfons have permitted the Dealers in Gunpowder to lodge divers Quantities ' thereof in their Houfes, Warehoufes, Yards, or other Places, not belonging to fuch Dealers, with a ' View of evading the aforefaid Afts ;' For Remedy whereof, Be it further enafted by the Authority Penalty on Per- aforefairj, That if any Perfon or Perfons fhall confent or agree, or knowingly permit or fuffer any other Gunpowdercobe P er '" on or Perfons whatfoever, to have or keep any Gunpowder whatfoever, in any Houfe, Warehoufe, lodged wiih Shop, Cellar, Wharf, Yard, or other Place, within the Limits aforefaid, belonging to or in the Pot- them, not being feffion, Power or Occupation of any fuch Perfon or Perfons, not being the Owner or Proprietor, or the the Owners. Owners or Proprietors of fuch Gunpowder; every fuch Perfon and Perfons fhall forfeit, for every fuch Offence, the Sum of one Shilling for every Pound of Gunpowder which he, fhe or they fhall fo confent or agree, or knowingly permit or fuffer to be had or kept as aforefaid, contrary to the Meaning of this prefent Aft ; to be recovered by any Perfon or Perfons who will fue for the fame, in fuch Manner as is before provided for the Recovery of the Penalties herein before mentioned. IV. Provided always neverthelefs, and it is hereby further enafted, That it fhall not be lawful for any Perfon or Perfons interefted in fuch Gunpowder, or any Perfon or Perfons by Collufion with the Owners or Proprietors thereof, to have or maintain any Aftion, Bill or Information upon this prefent Aft ; any Thing herein contained to the contrary in any wife notwithftanding. V. And be it further enafted by the Authority aforefaid, That if any Suit or Aftion fhall be com- menced or profecuted againft any Perfon or Perfons for any thing done -in Purfuance of this prefent Aft,, in every fuch Cafe fuch Perfon or Perfons fhall and may plead the General Iffue, and give this Aft and the Special Matter in Evidence, at any Trial to be had thereupon, and that the fame was done in Pur- fuance or by the Authority of this Aft ; and if a Verdift fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall become nonfuit, or difcontinue his, her or their Suit or Aftion after Iffue joined ; or if upon Demurrer, or otherwife, Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants fhall and may recover treble Cofts, and fhall have the like Remedy for the fame, as any Defendant or Defendants hath or have in other Cafes by Law. VI. Provided always, That this Aft, or any thing herein contained, fhall not extend, or be con- to afleft pubitck fl- rue d to extend in any wife, to affeft any Storehoufe or Magazine belonging to his Majefty, his Heirs or Succeffors, wherein Gunpowder or other Stores fhall be kept for the Ufe of the Publick, or to hinder the proving or trying Gunpowder by his Majefty's Officers as is ufual, for the Service of his Majefty, his Heirs or Succeffors, or to the carrying of Gunpowder to and from any of his Majefty's Magazines, or with Forces in their Marches. VII. And be it enafted, That the faid recited Afts, and all Provifions, Claufes, Matters and Things us Aft' therein contained, not hereby altered, fhall be of full Force, and fhall or may be obferved and put hi Further Prmii- ' Execution for preventing the Mifchiefs aforefaid, notwithftanding the making of this Aft. fivrts concerning Cunpowdir, 22 Geo. e. 38. 29 Ceo. a. c. 16. CAP.