Page:Ruffhead - The Statutes at Large - vol 7.djvu/394

 374 C* 40* Anno vicefimo quarto Georgii II. A. D. 1751. ' whereas no particular Method is prefcribed in the fame Aft for the Recovery of the befoje-mentioncd ' Penalty of five Pounds :' Now, to put an end to all Doubts concerning the f;tid firft-reciled Claufe, and TheCIaufem the Method of fuing for and recovering the faid Penalty therein contained, Be it declared and enacted by Lining thrFecs*'^^A"'^°''"^y aforefaid_. That the faid recited Claufe in the aforefaid Aft: of the ninth Year of his prefent hfJMfli«bClerks?''^^Jefty's Reign, reftraining or intending to reftrain the Clerks of Jullices of the Peace for afking or receiv- "iFor Licence;:, toing more than two Shillings and fix Pence for each Licence therein mentioned, is now and fhall, from bu ill Force. henceforth, be and remain in full Force. Penalties how XXV. And be it further enafted by the Authority aforefaid, That all Penalties and Forfeitures by the "•'"""'"•■"•faid firfl-recitcd Claufe impofed, fhall or may be fued for, levied and recovered by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at JFe/l?ninJler,9or by Indi»3:ment at th.- Affizes, or at the General or Quarter-Seffions of the Peace of the County or Place where fuch Ofttnce fhall be committed, for the Ufe of the Perfon or Perfons who fhall fue or profecute for the fame ; in which Suits no Efloin, Wager of Law, or more than one Imparlance fliall be allowed. Aqua Vitas made XXVI. Provided neverthelels. That nothing in this Aft contained fhall extend to charge with any of in Scotland the Duties direfted to be paid, levied or received as aforefaid, any Spirits made or diftiiled from Malt, and exemiiied. retailed and confumed v/ithin that Part oi Great Britain called Scotland, which Spirits are commonly called and known by the Name oi Aqua Vita, in that Part of the Kingdom, or to fubjeft the Makers, Sellers and Retailers thereof, within that Part of the Kingdom, to take luch Licences as are herein before di- refted. iiCir.3. C.24. '_ XXVII. And whereas by ah Aft of Parliament made and paffed in the twelfth Year of^the Reign of ■' his late Majefly King Charles the Second, (intituled, An ASi for taking away the Court of IVards and Li- _' veries, and Tenures 'n C^ipilt, and hy Knights Service, ami Purveyance and for fettling a Revenue upon his
 * ' Majefly in lieu thereof) it is amongft other Things enafted. That all Parts of the Cities of Zo«<^w and

' IVejlminfter, and the Borough of Southvjark, and the feveral Suburbs thereof, and Parlfhes within the ' ' Weekly Bills of Mortality, fhall be under the immediate Care, Infpeftion and M;magement of the Head ' Office of Excife in London : And whereas fmce the paffing of the faid Aft, the Parilh of Saint Alary li ■ ' Bon in the County o( Middlefex, is greatly increafed in Buildings and Inhabitants, and is contiguous to TaJm^Xs ' the^Pariflies v/it'iin the faid Bills of Mortality;' Be it therefore further enafted by the Authority afore- Bon to bl'^undei-f^"'^' That the faid Parilh of Saint Mary le Bon fhidl, from and after the faid firii Day of July one thoufand theiiifpeaioij kfin. hundred and fifty-one, be deemed and taken, and is hereby declared to be under the immediate Care, of the Head Of- Infpeftion and Management of the faid Head Office of Excife; any Law, Cuftorn or Ufage to the con- fice of Excife. fj-ary thereof in any wife notwithflanding. Peifons affem- XXVIII. And it is further enabled by the Authority aforefaid. That if any Perfons, to the Number of oiilndas or'to^^'^ ° '"°^5 ^'''^ ^om and after the faid firft Day of July one thoufand feven hundred and fifr^^-one, in beat Informers '^ tumultuous and riotous Manner affemble themfelves to refcue any Oflrenders againft this or any other Aft, &c, " relating to Spirituous Liquors or Strong Waters, or for licenfing the P>.etailers thereof, or to ailaulr, beat or wound any Perfoji or Perfons who fhall have given, or be about to g've any Information again.l, or fhall have difcovered or given Evidence againft, or fhall feize or bring to Juftice a^iy Perfon or Perfons of- fending againft this or any of the faid former Afts, or forcibly to oppofe the Execution of any of the Powers given by this Aft, that then, all and every Perfon or Perfons fo allembling, their Ai jei-s and I'to be guilty of Abettors, being thereof lawfully convifted, fhall be, and be adjudged to be guilty of Felony ; and every Felony, fm-[^ Felon fliall be fubjeft- and liable to the like Pains and Penalties as in Cafes of Felony ; and the Courts by and before whom he, fhe or they flrall be convifted, fhall have full Power and Authority of tranfport- and tranfported j^g {^(^^^ Felon and Felons for the Space of feven Years, to any of his Majefty's Colonies or Plantations or 7 ears, j^^ America, upon the like Terms and Conditions as are given, direfted and enadfed by an Aft made in the 4 Geo. I. c. II. fourth Year of the Reign of his late Alajefty King George the Firft (intituled, An ASl for the further pre- venting Robbery, Burglary and other Felonies ; and for the more cffe£lual Tranfportation of Felons, and unlaiv- 6 Geo. I. c. 25._/z// Export, rj ofJVool;) and by an Aft made in the fixth Y'ear of the Reign of his faid late Majefty King George xtY';S. (intituled. An Adl for the further preventing Robbery, Burglary, and other Felonies ; and fa*- 'the more effeSiucd Tranfportation of Felons. ) I'cn.ilties ho'w to XXIX._ And be it further enafted and declared by the Authority aforefaid. That all Fines, Penalties be recovered. ^^^^ Forfeitures impofed by this or any other Aft relating to the Duties of Excife, or other Duties under the Management of the Commiflioners of Excife, fhall be fued for, levied, recovered or mitigated by fuch Ways, Means and Methods as any Fine, Penalty or Forfeiture is or may be recovered or mitigated by any Lavv or Laws of Excife (not othcrwife diredted by this Aft) or by Aftion of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at JVelhnin/lcr, or in the Court of Exchequer in Scotland; and that one Moiety of every fuch Fine, Penalty or Forfeiture fliall be to his Majefty, his Heirs and SuccefFors, and the other Moiety to him or them who fhall difcover, inform or fue for the fame. L'miutionof XXX. And it is hereby enafted by the Authority aforefaid. That if any Perfon or Perfons fhall at any Actions. Time or Times be fued or profecuted for any Thing by him or them done or executed in purfuance of or by Colotir of this A6i, or of any Matter or Thing in this Aft contained, fuch Adfion or Profecution /hall be commenced within the Space of three Months next after the Offence fliall be committed, and fhall be General Iffuc. laid in the proper County; and fuch Perfon or Perfons fhall and may plead the General Illue, and give the Special Matter in Evidence for his and their Defence ; and if upon Trial a 'erdift fhall pafs for the Defendant or Defendants, or the PLiintift" or Plaintiffs ihall become nonfuited, or difcontinue his Suit or Profecution, or if Judgment be given for the Defendant or Defendants, upon Demurrer or other- wife j