Page:Ruffhead - The Statutes at Large - vol 7.djvu/276

 232 C. 2 Anno vicefimo tertio Georgii II. A. D. 1750. and to make Oath that the Goods in the Certificate are the fame taken on Board in i^merica ; jnDefau!nh':rc- of, (he Duty is to be paid for fuch Silk, Penalty on Per- sons entering Foreign Raw Silk as of the Growth of the Biiti/h Col nies, or of mixing otherSilk there- with, to evade Paytnent of tlfB Duties. In Doubts about the Growth of the Silk, the Onus Proband! is to lie on the Owner. General Iffue, Treble Cofls. Sr farther 26 G^o. Z. c. ai. {hall make Oath before any one of them the faic] Collcflor, Comptroller or Chief Officer of his Mpjefty's Cuiloms (who are hereby required and impowered to adminilter the fame without Fee or Reward) that tHc faid Bales and Parcels, and Goods contained in fuch Certificate, are the fame Bales and Parcels, and Goods, as were taken on Board in the faid Britifl) Colonies or Plantations in Ameylca ; and if any Raw Silk of the Growth and Culture of the B^hiflo Colonies or Plantations in Jmerica, fhall, after the laid twenty-fourth Day of yune one thoufand feven hundred and fifty, be imported, as herein before mentioned, v.'ithout fuch Certificacc figned and delivered as herein before required, and Oath made as before directed, by the Mi-.flier, Commander or other Perfon taking Charge of the Ship or Veffel in which the fame is imported ; all fuch Raw Silks fliall be liable to the Payment of the refpective Duties, as if this Acl had never been made; any thing herein before contained to the contrary notwithftdnding. III. And be it further enafted by the Authority aforefaid, That if any Perfon or Perfons (hall, from and after the faid twenty-fourth Day of yime one thoufand ieven hundred and fifty, make, or caufe to be made, an Entry or Entries of any Fortign Raw Silk, under the Name or Defcription of Raw Silk of the Growth or Culture of any of the ^r/V//?) Colonies or Plantations in America, or fhall mix, or caufe to be mixed, any Foreign Raw Silk with Raw Silk of the Growth or Culture of the BritiJIj Colonies or Plantations in America, with Intent to evade the Payment of theDuties payable on Foreign Raw Silk, every Perfon or Perfons fo making, or caufing to be made, fuch Entry or Entries, or mixing or caufing fuch Mixture or Mixtures to be made, Ihall forfeit and lofe the Sum of fifty Pounds for every fuch OfFence, and all fuch Foreign Raw Silk ; and in cafe of any Mixture, the Quantity fo mixed, both of Foreign and Britijh Plantation Culture or Growth, or the Value thereof, together with the Bales or other Packages containing the fam.e, fhall be forfeited, and fhall and maybe feized and profecuted, or the Value thereof be fued for by any Officer or 'Officers of his Majefl-y's Cuftoms ; one Moiety of which Penalties and Forfeitures fhall be to the Ufe of his Majefly, his Heirs and Succeflbrs, and the other Moiety to him or them that fhall feize, profecute or fue for the fame, in any of his Majefly's Courts of Record at Wejiminjier, IV. Provided always. That if any Doubt or Difpute fhall arife, whether the faid Raw Silk, or any Part thereof, fo to be imported as aforefaid, is of the Growth or Culture of the Britifi Colonies or Plantations in America, or of Foreign Growth or Culture, the Onus Prohandi fhall lie on the Owner or Claimq: thereof, and not on the Informer or Profecutor ; any Law, Cuftom or Ufage to the contrary notwith- ■ftanding. V. And be it further enafted by the Authority aforefaid. That if any Action or Suit fhall be commenced againft any Perfon or Perfons for any Thing done in purfuance of this Aft, the Defendant or Defendants, in fuch Aftion or Suit, may plead the General Ifliie, and give this Act, and the Special Matter in E'idence at any Trial to be had thereupon, and that the fame was done in purfuance and by Authoritj' of this Adl ; and if it fliall appear fo to have been done, then the Jury fliall find for the Defendant or Defendants ; and if the Plaintiff fhall be nonfuited, or difcontinue his A£fion, after the Defendant or Defendants fhall have appeared, or if Judgment fhall be given upon any Verdi£l or Demurrer againft the Plaintiff, the Defen- dant or Defendants fhall and may recover treble Cofts, and have the like Remedy for the fame, as Defen- dants have in other Cafes by Law. CAP. XXL An Aft for granting to his Majefty the Sum of nine hundred thoufand Pounds out of the Sinking Fund, for the Service of the Year one thoufand feven hundred and fifty ; and for applying certain Surplus Monies, remaining in the Exchequer, as Part of the Supply of the faid Year-, and for the Applica, ion of certain Savings in the Hands of the Paymafter Ge- neral ; and fur obviating a Doubt in an Aft of the fifth Year of King George the Firft, in refpeft to the Payment of certain Annuides thereby granted for the Improvement of Fifl-ieries and Manufaftures in Scotland; and for the further appropriating the Supplies granted this Sefiion of Parliament ; and for giving further Time for the Paymtrnt oF Dutits ornitted to be paid for the Indentures or Con'racts of Clerks and Apprentices; and for transferring the Bounties now payable upon the Exportation of £;■//?/& Sail Cloth, to the Cuftoms ; and. for enforcing the Laws againft the clandeftine Importation of Soap, Candles -. and Starch into this Kingdom. Moj} Gr ))0vcre!gn. ■^T 7 E your Majcfty's moft dutiful and loyal Subjefts, the Commons of Great Btitain in Parliarricnt af- VV fmbled, being dellrous to raife the neceflary Si^pplies which we have chcaifully granted to your Maj'-fly in this Scffion of Parliament, for the Seivice of the Year one thoufand feven hundred and fifty, in the cafiell Manner we are able, for the Benefit of your Msjefty's SubjeiSfs, r.nd alfo to vie fuch 'Ways aiiJ Means therein, as that your R'Injcfty may have the better and more fpeedy Effect of the faid Supplies, have relo'ved to give and grant unto your Majefty the Sum of nine hundreit thouland Pounds, out of the Sur- plufl'cs, Excefles and Overplus Monies, commonly called The Sinking Fund : And to that End and Purpo!j do mofl: humbly befeech your Majcity, that it may be cnaded, and be it cnafted by the King's moll Exce.- ^I'^'toi" u't of the '^""^ Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Cornmons, in s'lo'kini; Fund, this prcfcnt Parliament aflembled, and by the Authority of the fame, That by or out of fuch Monies as now towards the bup- are, or Ihall from tjine to time be and remain in the Receipt of the E.xchcqucr, of the faid Surplufl^es, fcx- ply. ceffco,