Page:Ruffhead - The Statutes at Large - vol 6.djvu/695

 A. D. 1745, Anno decirno o&avo Georgii II. C. 28. 629 or other Matters or Things by this Act intended to be releafed and difcharged, fljall, before fuch Time b^Cce any Erre- as he, fhe or they (hall be admitted to make fuch Pk: as aforefaid, or to take any Benefit or Advantage of »t *n be I this Adt, abfolutely releafe and difcharge fuch Adtion or Adtions, discontinue and caufe all Proceeding be ftaid in all and every fuch Informations, Indtdtments, and other Profucution and Profccutions brought or commenced as aforefaid. IV. And be it further enadted, That if any Perfon or Perfons who fhall claim the Benefit of this Adt, fhall, after fuch Claim, bring or commence, or cau i- to be brought or commenced any Adtion, Plaint or Information, or other Profccution whatfoever againft any OfficeF of his Majefty's Cawopii, Kx-cifc, or other Revenue, or other Perfon or Perfons who fliall have aided or afTifted any fuch Officer, for or con- cerning any Adt, Matter, or Thing done or committed by them, or any of them, on Occaiion of, or for or by Reafon or Means of any of the Offences, Frauds, Mifdcmcanors, or other Matters or Tiling, in- Claiming the tended to be releafed and difcharged by this Adl ; fuch Claim is and fliall he deemed to be an abl'oluie Dif- B '^ to1 ■>• ■" charge and Releafe to fuch Officer or other Perfons, of and from all and every fuch Actions, Suit?, and DjfciTiL a,* Profecutions ; and fuch Officer or other Pej-fon may plead the General Iflue, and give the Special Matter afoctFtec jn Evidence ; and the faid Officer, or other Perfon, fhall recover his Colts of Suit againft the Perfon or f««n fuch Suiwi Perfons fo bringing or commencing fuch Adtion or Profecution. Gener.,1 IiAjc. V. Provided aifo, and be it further enadted by the Authority aforefaid, That all and every Perfon and Penaltie, on Perfons who fhall take, receive, or he intitled to the Benefit of this prefent Act of Indemnity, and fliall l'erfons offend- afterwards be guilty of, or commit any of the like Offences, Trefpaffes, Frauds, or Mildemcanors, as ln ^ 3( "' i "- in z are herein before mentioned, or hereby intended to be acquitted, releafed, or difcharged, or any of the fi t Tih« Aft'" •Offences hereafter in this Adl mentioned or exprelTed, fhall he fubjedt and liable to be profecutcd, not only for or in refpedt of fuch new Offence by him, her or them committed, but fhall alfo for and in refpect of the faid Offences committed before the making this Adt, and for and in refpedt of all Bonds and Securities by them or any of them given to his Majefty, or to^ny Perfon or Perfons for his Majefty's Ufe, commonly called Smuggling Bands, be fubjedt and liable to all and every the fame Pains, Penalties, Forfeitures, and Adtions, for Duties of Cuftoms or Excife, and Adtions upon the faid Bonds and Securities, as he, fhe or they would have incurred, or been fubjedt or liable to in cafe this Adt had never been made ; any thing herein contained to the contrary thereof notwithstanding. VI. Provided alfo, That this Adt, or any Thing herein contained, fliall not extend, or be conftrued to Limitation a# extend to acquit, releafe, or difcharge any Judgment or Judgments, where the Monies or other Things tbis Afl. •recovered have been adtually levied, or the Defendant or Defendants taken in Execution upon fuch Judg- ments, before the firft Day of May one thoufand feven hundred and forty-five ; nor fliall the fame ex- tend, or be conftrued to extend to acquit, releafe, or difcharge zny Judgment or Judgments, in refpedt to fuch Part thereof as belongs to the Informer, or fuch Perfon or Perfons, who hath or have joined with his Majefty in fuch Suit or Suits, wherein fuch Judgment or Judgments hath or have been obtained, un- .lefs and until fuch Perfon or Perfons, who would take the Benefit of this Adt, fhall pay to fuch Informer, or other Perfon or Perfons the full Cofts of fuch Suit or Suits, in which fuch Judgment or Judgments fhall have been obtained. VII. Provided alfo, and be it further enadted by the Authority aforefaid, That if any Perfon or Perfons, offenders liable- who have committed or been guilty of any of the Offence or Offences herein before mentioned, for which to betranfported, any fuch, Perfon or Perfons is or are by any Law or Statute now in being liable to be tranfported as a Felon taking the Bene- or Felons, fhall, for any of the faid Offences, take or receive' the Benefit of this prefent Adt, and fhall af- fit ° f thls Aa > •terwards be guilty of or commit any of the faid Offences, for which he, fhe or they is or are now liable 3ni r i p i at, ' ns to be tranfported as aforefaid ; then all and every fuch Perfon and Perfons (being duly con vidted of or fuch Gffcnces > for any of the faid Offences hereafter to be committed as aforefaid, and upon due Proof made, that fuch Perfon or Perfons had committed any of the fame Offences before the making this Adt, and had taken or received the Benefit thereof for his, her or their Difcharge) fhall be adjudged guilty of Felony, and fhall ffiall fuffcr fuffer Death as in Cafes of Felony, without Benefit of Clergy. Death VIII. Provided alfo, That all Perfons who have, before the firft Day of May one thoufand feven hun- Compofitions died and forty-five, compounded with or agreed to pay any Sum of Money by way of Compofition to for OfEences to his Majefty, or to the Lords Commiffioners of his Majefty's Treafury, or to any of the Barons of the Ex- be made good j - chequer, or to the Commiffioners of the Cuftoms or Excife refpedtively for the Time being, on his Ma- jefty's Behalf, for or in refpedt of the above mentioned Offences, or for the Forfeitures or Penalties arifing thereby, fhall make good fuch Compofitions and Agreements as have been by them refpedtively made ; or, in Default thereof, all and every fuch Perfon fhall be excluded and deprived" of and from all Benefit or the Benefit and Advantage of this Adt. of this Act ioi>, Concerning Cu- Jtom fit farther 19 Get, 2. (• 34. »i Gu, t, (, 2. 28 Gee, 2. c. »i, 30 Ga* 2. c i3 tif ag» 3* Gz>. z. c xo» CAP, XXIX