Page:Ruffhead - The Statutes at Large - vol 6.djvu/765

 A. D. 1746. Anno decimo nono Geo rg ii II. C. 36. 690. XXIII. And it is hereby further enacted, That no Writ of Certiorari (hall iflue, or be iffuablc, N° Certiorari, to remove the Record of any Conviction or Proceedings thereon, to be taken, made or pronounced in purfuance or l>y the Authority of this Act, into any of his laid Majefty's Courts or Record .it Wejiminjler. XXIV. And be it further enacted by the Authority aforefaid, That if any Action, Information or Suit fhall be brought, filed or profeeuted againft any Perfon or Perfons for any Thing to be done in purfuance of this Act, the lame (hall be commenced or filed within fix Months next after ;; "'' f0 '>« fr,m - the Fact committed (and not afterwards) and (hall be laid in the County of Middle/ex (and not Jjf^ elfewhere) and the Defendant or Defendants in or to 'fuch Actions, Suits or Informations, may plead the General Iffue, and give this Act and the Special Matter in Evidence, on any Trial to be had there- General UTue. upon, and that the fame was done in purfuance of this Act ; and if the fame fhall appear fo to have been done, or if any fuch Action,^ Suit or Information fhall be brought or filed after the Time for this Purpofe herein before in this Refpect limited, or (hall be laid or brought in any other County or Place, then the jury in every fuch Cafe fhall find for the Defendant or Defendants ; and if the Plaintiff or Plaintiffs fhall become nonfuited, or fuffer a Difcontinuance of his, her or their Action or Actions, or if a Verdict (hall pafs againit the Plaintiff or Plaintiffs, or if upon Demurrer Judgment (hall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants (hall have Full Cofts, and fuch Remedy Full Cofl3> for the Recovery of the fame, as any Defendant or Defendants hath or have for Colts of Suit in oth;r Cafes by Law. XXV. And be it further enacted by the Authority aforefaid, That this prefent Act fhall be deemed, Publiek Aa. judged and taken to be a publick Act, and fhall be judicially taken Notice of as fuch by all Judges, Juftices and all other Perfons whatfoever, without fpecially pleading the fame. XXVI. And it is hereby further enacted by the Authority aforefaid, That this Act fhall continue This Aft to be and be in Force for three Years from and after the faid twenty-fourth Day of September, and from '"y^"[ c " "' thence to the End of the then next Seffion of Parliament. ^ continued i>y ' 24 Geo. 2. c. 57, § 12.' And fee 30 Geo. a. c. 19, 31 Geo. z, c. 15. 32 Geo. z. c. 27. 33 Go. :. •:■ 15- CAP. XXXVI. An A£b to allow the Purchafe, for His Majefty's Ufe, of Naval Stores brought into this Kingdom on board Neutral Ships, by any of His Majefty's Ships, and to allow fuch Stores to be landed and entered during the Continuance of the prefent Wars with France and Spain, or either of them. EXP. ' XT 7 HE RE AS great Numbers of Ships of Neutral Nations do daily pafs the Seas laden with ' VV Naval Stores, which they carry to the Ports of France and Spain, whereby his Majefty's Ene- ' mies are not only enabled and encouraged to fit out and arm Privateers to deftroy the Trade of ' annoy and invade his Majefty's Dominions : And whereas divers Ships of Neutral Nations, laden .' Ports of Great Britain, and the Purchafe of fuch Naval Stores, laden on Board fuch Ships of Neutral 1 Nations, for the Service of his Majefty, may in many Cafes be expedient, without proceeding to ' his late Majefty King Charles the Second (intituled, An Act for the encouraging and increafing of ' Shipping and Navigation;) it is, amongft other Things, enacted, That no Sort of Malts, Timber, ' do truly and without Fraud belong to the People thereof, or fome of them, as the true Owners ' and Proprietors thereof, and whereof the Matter and three fourths of the Mariners, at leaft, are ' Englijh, except only fuch foreign Ships and Veffels as are of the Built of that Country or Place, ' of which the faid Goods are the Growth, Production or Manufacture, or fuch Port where the 'faid Goods can only be, or moft ufually are firft fhipped for Tranfportation, and whereof the ' Mafter and three fourths of the Mariners, at leaft, are of the faid Country or Place, under the Pe- ' nalty and Forfeiture of Ship and Goods: And whereas by an Act of Parliament made in the tliir- 13 Geo. 2. c.3. ' teenth Year of his prefent Majefty's Reign, (intituled, An Ad for the better Supply of Mariners and 1 Seamen to ferve in his Majefty's Ships of War, and on Board Merchant Ships, and other Trading Ships ' and Privateers;) it is provided, That during the Continuance of the prefent War, and no longer, ' (except as therein is excepted) it (hall and may be lawful for any Merchant Ship, or other Tra- ' ding Ship or Veffel, or Privateer, to be navigated by foreign Seamen or Mariners, not being Na- ' tives of Great Britain, or of any of the Colonies or Plantations thereto belonging, or his Majefty's ' natural or naturalized Subjects, fo as the Number of fuch foreign Seamen or Mariners do not ex- ' ceed three fourths of the Mariners at any one Time employed to navigate fuch Merchant Ship, or ' other Trading Ship or Veffel, or Privateer; and that one fourth, at leaft, of the Mariners or Sean ' men fo employed, be at all Times Natives, or his Majefty's naturalized Subjects of Great Britain, ' (fudden Death, and a Hazard, and Cafualties of War and the Seas, faved and excepted;]' Now be it enacted, &'c. 4U 2 " Corm-
 * his Majefty's Subjects, but alfo fupplied with Materials to build and fit out Ships of War to
 * as aforefaid, already have been taken, and more hereafter may be taken, and brought into the
 * the Condemnation thereof: But whereas by an Act of Parliament paffed in the twelfth Year of 12 Car, 2. c. it.
 * or Boards, Pitch, Tar, Rofin, Hemp or Flax, fhall be imported into England, Ireland, Wales, or
 * Town of Berwick upon Tiueed, in any Ship or Ships, Veffel or Veffels whatfoever, but in fuch as