Page:Ruffhead - The Statutes at Large - vol 7.djvu/285

 A. D. 1750. Anno vicefimo tertio Georgii II, C. 22. 24.1 XXXVII. And be it further enafted by the Authority aforefaid, That when any Candles, Soap or Starch Method of oro- fhali be feized by any Officer of Excife, or any other Perfons authorized thereto, on Board any Ship or cecdir.g lo Con- Vefiel, or un&ipping or uniliipped, as forfeited by virtue and in purfuance of this AS ; and when any dernnstion of Candles, Soap or Starch fhall be feized by any Officer of Excife, or any other Perfons authorized thereto, f^ch S.-iiuie*. carrying or removing by Land, or lodged or concealed in any Place whatfoever on Shore, as forfeited by virtue and in purfuance of this Act ; all fuch Seizures of the faid Goods and Packages, and of the ''enels, Boats, Horfes and other Cattle, Waggons, Carts and other Carriages, ufed for carrying and removing the fame (except fuch Seizures of the laid Goods and Packages, and of the Vefiels, Boats, Horfes and other Cattle, Waggons, Carts and other Carriages, ufed for carrying and removing the fame) where noPerfon or Perfons fhafl, within twenty Days after fuch Seizure, claim the fame (in which Cafe the Method of Pro- ceeding has been herein before direfledj and the feveral Penalties and Forfeitures by this A61 refpeflively impofed, (hall and may be proceeded upon, heard and determined in fuch Manner and Form as hereafter ia and by this Act is direiled and appointed (that is to fay) all Informations for the Condemnation of fuch Sei- zures, and for the Penalties and Forfeitures by this Act refpectively impofed, if the faid Seizures were made, and Penalties and Forfeitures incurred within the Limits of the Chief Office of Excife in Londoyz^ fhall be proceeded upon, heard and determined by the Commiffioners of Excife for the time being, or any three of them, or by the Commiffioners of Appeals, or the major Part of them, in cafe of Appeal, and not otherwifc: And all Informations for the Condemnation of fuch Seizures, and for the Penalties and For- feitures by this Ail refpecStively impofed, if iiich Seizures were made, and Penalties and Forfeitures incur- red out of the Limits of the faid Chief Office of Excife in Londofi, fhall be proceeded upon, heard and de- termined by any two or more of the Juftices of the Peace for the time being, refiding near to the Place where fuch Seizure fhall be made, on Penalty or Forfeiture incurred ; and if either Party find himfelf ag- grieved by the Judgment given by two or more Juftices, he fhall and may appeal to the Juftices of the Peace at the next Quarter Seffions, who are hereby authoiized and impowered to hear and determine the fame; whofe Judgment therein fhall be final: Which faid Commiffioners of Excife and Appeals, and the faid Juftices of the Peace refpeftively, are hereby authorized and required, upon any Information exhibited, or Complaint made, within three Months after any Seizure made, or Penalty or Forfeiture incurred, to fummon the Party accufed, and alfo the WitnefTes on either Side ; and upon the Appearance, or Default of the Party accufed in not appearing (upon Proof of Notice given) to proceed to the Examination of the Matter of Fai£t, and of the Witnefs or WitnelTes, upon Oath (which Oath they the faid Commiffioners and Juftices are hereby refpecftively impowered to adminifter) touching fuch Seizure or Seizures, Penalties or Forftitures ; and thereupon to proceed to give Judgment, as well for any Penalty or Forfeiture inflicted by this Ait, which, upon due Examination, or the voluntary Confeffion of the Party accufed, fliall be found to be incurred, as for the Condemnation of fuch Candles, Soap or Starch, and the Packages and the Vefiels, Boats, Horfes and other Cattle, Waggons, Carts and otb.er Carriages, fo feized, which, upon due Examination, or the voluntary, Confeffion of the Party accufed, fhall be found to be forfeited by virtue of this Act, or any other A6t relating to his Majefty's Revenue of Excife, and to ifiTue out their Warrants for the Sale of fuch Candles, Soap or Starch, and the Packages, and VefTels, Boats, Horfes and other Cattle, Waggons, Carts and other Carriages, asfliall be fo by them refpedtively condemned ; and where the Party accufed ftiall be convicted of the Offence alledged againft him, to award and ifTue Warrants under their Hands for the levying any pecuniary Penalty or Penalties (b adjudged upon the Goods and Chatties of the faid Offenders, and to caufe Sale to be made of the laid Goods and Chatties, if they fliall not be redeemed within fourteen Days, rendering to the Party the Overplus (if any) and for want of fufficient Diftrefs, to imprifon the Party offending till Satisfa£tion be made. XXXVIII. Provided neverthelefs. That it fliall and may be lawful to and for the faid Commiffioners and Power to initi- Juftices, where they fhall fee Caufe, to mitigate or leflen any Penalties and Forfeitures, in fuch Manner as gate the Penal- they fnall think fit ; the reafonable Cofts and Charges of the Officers, as vi'ell in making the Difcovery, as '"^^^ ^'^• in the Profecution of the fame, being always allowed over and above fuch Mitigation, and fo as fuch Miti- gation do not reduce the Penalty to lefs than one fourth Part thereof, over and above the faid Cofts and Charges ; any thing contained in this Ai5t to the contrary notwithftanding. XXXIX. And it i hereby further enacted. That all Penalties and Forfeitures in this A£l mentioned (all Appikaiion of neceflary Charges for the Recovery thereof being firft deducted) fliall be employed, one Moiety thereof the Penalties. to and for the tlfe of his Majefty, his Heirs and Succellbrs, and the other Moiety to the Seizer or Pro- fee u tor. XL. Provided alfo, and be it enafled. That no Writ or Writs of Certiorari fhall fuperfede Execution, or Execution, &c. other Proceedings upon any Order or Orders, made in purfuance of this Adr; but that Execution, and not to be fu per- other Proceedings, fhall and may be had and made thereupon ; any fuch Writ or Writs, or Allowance ^'^^':'^ ^^ Ceitio- thereof, notwithftanding. S'!I.'/i,//,,r ■.s CAP. XXII. G.L.c.lz. An Aft for giving ftirther Time to the Proprietors of Annuities, after the Rate of fonr Pound^ per Cenlum per Annum, to ftiblcribe the fame in the Manner, and upon the Terms therein mentioned; and for redeeming ilich of the faid Annuities, as fhall not be fo fubicribed; and for impowering the Eafi India Company to raile certain Sums by transferrable Annuities, Moji Gracious Sovereign, ' W for reducing the feveral Awiuitics which noiu carry an Ii:tcreft after the Rate of four Pounds per Cen- ' turn per Annum, to ike feveral Rates of Intere/i therein jnentiiiicd; it was, amoniift other Things, ena-ftcd, ., Vca. VII. I i * That
 * X 7 HE RE AS by an Ait made and pafTed in this prefent Seffion of Parliament, intituled, An Ad 13020. i.e. i.