Page:Ruffhead - The Statutes at Large - vol 7.djvu/209

 A. D. 1749." Anno viceilmo fecundo Georgii II. C. 37. 165 publickly burnt at fuch Places as the Commiffioners of his Majefty's Cuftoms in England ox Scotland refpec- tively fliall direiSl. V. And be it further enafled by the Authority aforefaid. That the feveral Penalties and Forfeitures in Prorecution'^f this A£t mentioned, fhall and may be profecuted and determined by Bill, Plaint or Information in any of fenil'ies and his Majefty's Courts of Record at Wefitmnjler^ or in the Court of Exchequer in Scotland xt'i^^Siwi&'j ^ where- -^Pl'l'i^^tion. in no Kfloin, Proteftion, Privilege, Wager of Law, or more than one Imparlance, fhall be allowed ; and one Moiety of the faid Penalties and Forfeitures fhall be to the Ufe of the King's Majefty, and the other Moiety to fuch Perfon or Perfons as will fue for or profecute the fame. VI. And be it further enafted by the Authority aforefaid, That if any Quefiion or Doubt fliall arife, The Proof to lie where the faid Goods were manufactured, the Proof fljall lie upon the Owner or Claimer of fuch Goods, "P"" the or the Perfon profecuted for being guilty of an Offence againft this AiSt, and not upon the Profecutor ; any Claimer. Law, LTfage or Cuftom to the contrary notwithftanding._ VII. Provided always, That nothing in this Aft contained fhall extend, or be conflrued to extend, to in- The Wcirer to flift any Penalty on the Wearer of any Foreign Embroidery, Gold or Silver Thread, Lace, Fringe, Bro- '"'"rno Penalty, cade or other V^ork made thereof, or of Gold or Silver Wire or Plate ; any thing herein contained to the contrary theieof in any wife notwithftanding. VIII. Provided always, and it is hereby enadled and declared. That all Informations, Bills, Aftions and t-'niitatlon of Suits, that fhall be had, brought, commenced, fued or exhibited for any Forfeiture or Offence committed ^"'" againft this or any of the former A£t:s of Parliament, which prohibit the Importation or Sale of Foreign Embroidery, Gold or Silver Thread, Lace, Fringe, Brocade or other Vv^ork made thereof, or of Gold or Silver Wire or Plate, or any of them, fhall and may be had, brought, commenced, fued and exhibited within twelve Calendar Months after the Difcovery of fuch Offence, and in cafe of Seizure, within three Months after fuch Seizure fhall be made ; any former Aft or Law to the contrary notwithftanding. IX. And be it further enafted by the Authority aforefaid, That if any Perfon or Perfons fhall be fued or profecuted for what either he or they fhall do in the'Execution of this Aft, he or they may plead the General GeneraUiTue. Iffue, and give this Aft, and the Special Matter in Evidence j and if the Plaintift'or Plaintiffs fhall "become nonfuit, or difcontinue his, her or their Aftion or Aftions ; or if a Verdift fhall pafs againft him, her or them, the Defendant or Defendants fhall recover Treble Cofts, for which they fhall have the like Remedy, T'*'^ '^°^^' as in other Cafes where Cofts are allowed to Defendants. cIX.'c it 31 Ceo. 2, f. 22. 32 Geo, 2, c, iSg, CAP. XXXVII. An Aft for the better fecuring his Majefty's Duties arifing upon Coal, Culm and Cinders, ex- ported beyond Sea. ' TXT" HERE AS by the Laws now in Force, the Mafters of all Ships and Vefiels ufed and employed in For fmncr Du- ' VV carrying Coals, Culm and Cinders Coaftwife, from Port to Port within the Kingdom of Great Bri- "'« rifsno 9 c? ' tain, do at the feveral and refpeftive Ports, where and at the Time when Coals, Culm and Cinders are '°frf'^'^'^' ' ftipped or laden on Board their Ships or Veffels, enter into Bond to his Majefty with Security for the De- °^^ ^ Ann' ' livery of their reipeftive Ladings of Coals, Culm and Cinders in fom.e other Port or Creek in Great Bri- i 4.' ^Am. ' '■tain: And whereas many of the faid Mafters of Ships and Veffels fo laden with Coals, Culm or Cinders, c 6. Sr 22. ' to be carried Coaftwife, do, under Pretence of being forced by contrary Winds and Strefs of Weather, ^■2. ^■■n.ftat. 1. ' carry and convey, and difpofe of their faid Ladings of Coals," Culm and Cinders in Foreign Parts beyond the '' 9' ^ • '• ' Seas, without having firft paid the Cuftoms and Overfea Duties due to his Majelly for the fame upon the ^' *' ' Exportation thereof, and which they ought to have paid at the Port where their Cargoes of Coals, Culrn ' or Cinders were laden, before their Departure out of the faid Port ; which Praftice tends to the promoting ' and encouraging of Fraud, and is a great Prejudice to thepublick Revenue :' Tiierefore for the preventiiig fuch fraudulent Praftices, and the Confequences thereof for the future. Be it enafted by the King's moft Ex- cellent Majefty, -by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliam.ent affemhled, and by the Authority of the fame. That from and after the twenty- No OfEcer to fourth Day of 'June in the Year of our Lord one thoufand feven hundred and forty-nine, it fhall not be law- clear outwards ful for any Colleftor, Comptroller, Cuftomer, Surveyor, Searcher, V/aiter or other Officer or Officers of =">' ^f'^^) I the Cuftoms whatfoever, or their Deputy or Deputies, in any Port, Harbour, Haven, Creek or other Place ™^'^^'" '-"^ whatfoever within the Kingdom of Great Britain, to clear outv/ards any Ship or Veflel v/hatfoever wherein *^"° ^■"'' ^ ' Coals, Culm or Cinders fhall have been exported and carried from any Port or Place whatfoever in Great Britain, to any Port or Place whatfoever in Parts beyond the Seas, nor to ftgn, iffue forth, or grant any i Warrant, Cocquet, Lett-pafs, Tranfi;e, Sufferance, Return, Difcharge or other Dilpatch or Difpatches, of any Nature or Kind whatfoever, for the clearing outv/ards, either for a Coafting or a Foreign Voyage, any fuch Ship or Veffel, wherein Coals, Culm or Cinders fhall have been laden in Great Britain, and deli- vered in Foreign Parts, or for the loading or laying on Board thereon, any Goods or Merchandize whatfo- . ever, nor to permit or fuffer any fuch Ship or Veifel to go out of any Port, Harbour, Hsven, Creek or other I Place whatfoever in Great Britain, until the JNlafter, Commander or other Perfon or Perfons taking Charge „ntil iheCu-
 * or Care of any luch Ship or Veffel, or the Ov/ner or Owners thereof, or fome or one of them, fhall and do ftoms due for
 * pay, or caufe to be paid, all the Cuftoms and Duties due and payable for and in refpeft of fuch Coals, '''« laft Vopge

j Culm or Cinders fo carried and exported into Parts beyond the Seas,' in fuch Ship or other Vefll-l the lull p^^P'!'.''' ."'■ ^ " ' I preceding Voyage fae made, or until they fliall and do produce and fliew unto flich Officer or Officers of jjj^g^"*^"" / the Cuftoms, or th;ir Deputy or Deputies, an authentick Certificate under the Hands and Seals of the Of- ': fite of the Colleftor, Cuftonner and Comptroller, or other Chief Oflicer or Officers of the Cuiloms, of or ' belonging to the Pori, Harbour, Haven, Creek or other Place Great Britain^ v/here the Coals, Culiji or Cinders (fo exj.orted ana conveyed into Foreign Pans) were firft fhipped and laden on Board fuch Sliip or- Vulel,