Page:Ruffhead - The Statutes at Large - vol 6.djvu/693

 A. D. 1745* Anno dccimo octavo Geo rgii II. C. 27. 627 XIV. And be it further ena&ed and declared by the Authority aforcfaid, That all Tines, Penalties Forftitu and Forfeitures by this Aft impofed, and all other Fines, Penalties and Forfeitures by any former Aft w •* '"<"-««'. impofed, relating to the Dufjes of Exoife, or any other Duty now under the Mai i of the faid Commiflioners of Excife, fhall be fucd for, levied, recovered or mitigated, by fuch Ways, Means and Methods, as any Fine, Penalty or Forfeiture is or may be recovered or mitigated by any Law or L of Excife, or by this Aft, or by Action of Debt, Bill, Plaint or Information, in any of his Maje fly's Courts of Record at IVr/lm infer ; any Law, Ufage or Cuflom to the contrary in any wife notwithil ing; and that one Moiety of every fuch Fine, Penalty and Forfeiture fhall he to his Majefty, his H and Succeflbrs, and the other Moiety to him or them who fhall difcovcr, inform or fue >c th : fame. XV. And be it hereby further enadled by the Authority aforcfaid, That if any Perfon or Perfons (ball be fued, molefted or profecuted, for any thing done by virtue or in purfuance of this or any other Act re- lating to the Duties of Excife, or other Duties under the Management of the Commiflioners of Excil, fuch Perfon or Perfons fhall and may plead the General Iifue, and give this Act, or fuch other Act, and Gcnml ifTue. the fpecial Matter in Evidence in his or their Defence or Defences; and if afterwards a Verdict fhall pMs for the Defendant or Defendants, or the Plaintiff ar Plaintiffs fhall discontinue his or their Action or Ac- tions, or be nonfuited, or Judgment fhall be given againft him, her or them, upon Demurrer or other- wife, then fuch Defendant or Defendants fhall have 'Preble Colls awarded to him or them againft any Treble Coils, fuch Plaintiff or Plaintiffs. Siefanhr zi Gio. 2. c. 14. Permitting Exportation of Tea to Ireland and America, uitbout paying Duty* CAP. XXVII. An Act for the more effectually preventing the dealing of Linen, Fuftian and Cotton Goods and Wares, in Buildings, Fields, Grounds, and other Places ufed for Printing, Whitening, Bleaching or Drying the fame. WHEREAS many Doubts and Difficulties have arifen upon the Conftruftion of an Aft paffed 4 Geo. a. c. i6< in the fourth Year of the Reign of his prefent Majefty, intituled, An Ail to prevent the Jtealing of Xinen, Fujilan and Cotton Goods and JVares, from Fields, Grounds and other Places ufed for "whitening, bleaching or drying the fame; in regard the faid Aft doth not exprefs and mention, with fufficient Cer- tainty, the refpective Goods and Wares, the ftealing whereof from the refpective Places therein menti- oned and defcribed, is by the faid Aft intended to be prevented, whereby the good and wholefome Ends propoled by the faid Aft have in a great Meafure been fruftrated, and by Means thereof, many of his Majefty's good Subjects have been greatly injured in their Properties, and put to very great Expences and Charges in watching the fame, which neverthelefs hath hitherto proved ineffectual :' For Remedy whereof, and for the more effectual preventing of Thefts, frequently committed in Buildings, Fields, Grounds and other Places ufed for Printing, Whitening, Bleaching or Drying of Linen, Fuftian and Cotton Goods or Wares for the future; may it pleafe your Majefty, that it may be enacted; and be it enafted by the King's moft Excellent Majefty, by and with the Advice and Conlent of the Lords Spiri- tual and Temporal, and Commons, in this prefent Parliament affem'oled, and by the Authority of the fame, That all and every B^jn and Perfons, who at any Time after the firft Day offline one thoufand Whoever (hall feven hundred and forty- fiv^i^^by Day or Night felonioufly Ileal any Linen, Fuftian, Callico, Cot- lea! Linen, &c. ton, Cloth, or Cloth worked, woven, or made of any Cotton, or Linen Yard mixed, or any Thread, Li- h»'d to be printed, nen or Cotton Yarn, Linen or Cotton Tape, Incle, Filleting, Laces or any other Linen, P'uftian or eac e ' ■Cotton Goods or Wares whatfoever, laid, placed or expofed to be printed, whitened, bowked, bleached •or dryed in any whitening or bleaching Croft, Lands, Fields or Grounds, Bowking-houfe, Drying-houfe, Printing-houfe or other Building, Ground or Place made ufe of by any Callico Printer, Whitfter, Crofter, •BoWker or Bleacher, for Printing, Whitening, Bowking, Bleaching or Drying of the fame, to the Va- or fhall aid or lueof ten Shillings, or who fhall aid or affiit, or fhall wilfully or milicioufly hire or procure any other hire another to Perfon or Perfons to commit any fuch Offence, or who fhall buy or receive any fuch Goods or Wares fo q*"" 1 ilolen, knowing the fame to be flolen as aforefaid, being lawfully convicted thereof, fhall be, and is and ftall b ' ., - are hereby declared to be guilty of Felony, and every fuch Offender fhall fuller Death, as in Cafes of Fe- felony, and l'uf- lony, without Benefit of Clergy; any Law or Ufage to the contrary notwithstanding. fer Death. J II. Provided always, That in cafe the Judge or Court, by and before whom any fuch Offender or Of- fenders fhall be tried and convicted, fhall think it reafonable, upon the Circumftan.es of the Cafe, that ftich Offender or Offenders or any of them, inftead of fuffering Death, fhould be tranfported to fome of his Majefty's Colonies or Plantations beyond the Seas ; it is hereby further enafted, That in every fuch The Court may Cafe, it fhall and may be lawful to and for fuch Judge or Court, and he or they fhall hereby have full order fach of- Power and Authority, inftead of giving Judgment of Death againft fuch Offender or Offenders, as in the fendfrs t0 be Cafes of Felony, without Benefit of Clergy, in Manner herein before directed, to order fuch Offender or tr ' in {P orted fu * Offenders, being tried and convicted as aforefaid, to be tranfported to any of his Majefty's Colonies or I4 eals - Plantations in America, for the Space of fourteen Years, upon the like Terms and Conditions, and by the fame Ways and JVeans, and in like Manner, as any other Felons may or are to be tranfported to any of his Majefty's faid Colonies or Plantations, by Force or Virtue of any Law for that Purpole now in Force; any thing in this Act contained to the contrary notwithftanding. III. And be it further enacted by the Authority aforefaid, That if any fuch Offender or Offenders Such Offenders •aforefaid, who fhall be fo ordered for Tranfportation by, or by virtue of this Aft, fhall break Gaol, or breaking Gaol, efcape thereout, before fuch Tranfportation, or fhall return into, or be at large within any Part of this ^^ u ^"|' t0 4L ? Kingdom