Page:Ruffhead - The Statutes at Large - vol 7.djvu/421

 A. D. 175^' Anno vicefimo quarto Georgii II. C. 51. 401 board which fuch Pott Afhcs or Pearl Afhes ihall be loaded, fliall alfo bring with him a Certificate or Cer-anJ the M^fter tilicates from fuch Colleftor and Comptroller of the Cuftonis, and Naval Officer, or any two of them asto bti'-'g a Ce.ti- afoiefaid, under their Hands and Seals of Office (which Certificate or Certificates fuch CoUcilor znd^^" ''"""^^^ Comptroller of the Cuftoms and Naval Officer, are hereby required and direfted to grant, without ^'ee. or ^ ™","; "jf^^[j Reward) €xprelling the Marks and Number of Cafks or Packages, alfo the Weight and Tale of thePottand N..m'bcr if Afhes and Pearl Afhcs contained therein, and fo fliipped or loaded on board fuch Ship or Veflel, with the Pick^Scs, Ac. Name or Names, Place or Places of Abode of the Exporter or Exporters thereof, from the faid Britijh Co- lonics or Plantations in America, and the Name or Names, Place or Places of Abode of fuch other Perfon orPerfons v/ho fhall have fworn the Goods therein mentioned to have been the Product and Manufacture of the faid 5r/V///j Colonies or Plantations in America; which Certificate or Certificates the faid Mailer, which he fs to Commander, or other Perfon taking Charge of fuch Ship or Veffel fhall, on his Arrival in this Kingdom, deliver at his Ar- dellver to the Colleftor, Comptroller or other chief Officer of his A^lajeHiy's Cufloms at the Port where hef'S' ^° f'''^°',- fliall arrive at, or before the Entry of the faid Pott Afliesor Pearl Afhes; and at the fame Time fhall makeo^th'tuTheto! Oath before the faid Colle6tor, Comptroller or chief Officer of his Majefly's Cuftoms (who are hereby titj ot the Guods, required and impowered to adminifter the fame, without Fee or Reward) that the faid Cafks, and Parcels and Goods, contained in fuch Certificate, are the fame Cafks, and Parcels and Goods, as were taken on board fuch Ship or VefTel in the faid Britifi Colonies or Plantations in America ; and if any Pott Afhes or Pearl Afhes of the Produft and Manufafture of the Britijh Colonies or Plantations in America, fliall, after the faid twenty-ninth Day of September one thoufand feven hundred and fifty-one, be imported as herein beforemehtioned, without fuch Certificate figned and delivered as herein before required, and Oath made as before direfted, by the Mafter, Commander or other Perfon taking Charge of the Ship or Veffel in which the fame is imported, all fuch Pott Afhes and Pearl Afhes fhall be liable to the Payment of the refpeftiveoi^i^aHuie the-e- Duties, as if this A£t had never been made; any Thing herein before contained to the contrary notwith- °^ ^^^jj^""^"^" " Handing. . . . ,^ . IV. And be it further enaded by the Authority aforefaid. That if any Perfon or Perfons fhall, from and Penalty of ma- after the faid twenty-ninth Day of September one thoufand feven hundred and fifty-one, make, or caufe to ['"'S ^nE^^ry of be made, an Entry or Entries of any Foreign Pott Afhes or Pearl Afhes, under the Name or Defcription of q^^Ij" J^^J the Pott Afhes or Pearl Afhes of the ProduiSl or Manufacture of any of the Britifl) Colonies or Plantations in Dcnon^ination ot" America, or fhall mix, or caufe to be mixed, any Foreign Pott Afhes or Pearl Aflies with Pott Afhes or Pearl the Eritift Plan. Afhes of the Produft or Manufacture of the Britifl} Colonies or Plantations in America, with Intent to'^?™'- °l°^ evade thej5uties payable on Foreign Pott Afhes and Pearl Aflies ; every Perfon or Perfons fb making, or J^™"^ caufing to be made, fuch Entry or Entries, or mixing, or caufing fuch Mixture or Mixtures to be made, iliall forfeit and pay the Sum of fifty Pounds for every fuch Offence, and all fuch Foreign Pott Aflies and Pearl Afhes ; and in cafe of any Mixture, the Quantity fb mixed, both of Foreign and Britifl) Plantation Produft and Manufadure, or the Value thereof, together with the Cafks or other Packages containing the fame, fhall be forfeited, and fhall and may be feized and profecuted, or the Value thereof be fued for by any Officer or Officers of his Majefty's Cuftoms. V. And be it enaded by the Authority aforefaid. That if any Collector or Comptroller of the Cuftoms, Penalty on a and Naval Officer, fhall falfly make any fuch Certificate as herein before required or dire<Sted to be made, falls Certificate; all and every fuch Perfon fo offending fhall, for every fuch Offence, forfeit and pay the Sum of two hun- dred Pounds, and alfo forfeit and lofe his 0&.ce., and be incapable of ferving his Majefty, his Heirs and Succeflbrs, in any Office ofTruft or Profit; or if any Merchant, FaiStor, Trader, Mafter or Commander of any Ship or Veffel, or any other Perfon or Perfons, fhall falfly make any Oath required by this A61, and on falfe every fuch Offender fliall incur the Punifliment inflicted by the Laws of this Realm for wilful and corrupt Oath ; Perjury; and if any Perfon fliall knowingly counterfeit any fuch Certificate as herein before is dire£ted to^r counteifeiting be made, or publifh the fame, knowing it to be counterfeit, every fuch Perfon fo offending fliall incur the Certificate. Punifhment inflicted by the Laws of this Realm for Forgery. VI. And it is hereby further enadted by the Authority aforefaid, That the feveral Penalties and For- fotfcitures, how feitures by this A£l infilled, fhall and may be profecuted, determined and recovered, by Bill, Plaint or '° ''^ f"^""""*' Information, in any of his Majefty's Courts of Record at TVeJiminjier, or in the Court of Exchequer in Scotland, or in any of the Courts of Admiralty in his Majefty's Plantations in America refpe£tively ; wherein no EfToin, Protedtion, Wager of Law, or more than one Imparlance, fliall be allowed. VII. And be it further enafted by the Authority aforefaid, That all Penalties and Forfeitures by this '""^ ^Pf'"^^' Aft impofed, fhall, if in Great Britain, be applied, one Moiety to the Ufe of his Majefty, his Heirs and Succeflbrs, and the other Moiety to fuch Perfon or Perfons as fhall feize, profecute or fue for the fame ; and all fuch Penalties and Forfeitures as fhall be incurred in his Majefty's Plantations in America, fliall be applied, one third Part thereof to the Ufe of his Majefty, his Fleirs and Succeffors, one third Part to the. Ufe of the Governor of the Plantation where the Forfeiture fhall be incurred, and the remaining third Part to fuch Perfon orPerfons who fhall feize, profecute, or. fue for the fame. VIII. Provided always. That if any Doubt or Difpute fliall arife, whether the faid Pott Aflies or Pearl Onus Probandl Afhes, or any Part thereof, fo to be imported as aforefaid, is of the Produft and Manufafture of the5nV//7;^ '"■ ™ *''" Colonies or Plantations in v^M^rKi?, or of Foreign Produft or Manufafture, the 0;/7^j- Probandi fhall lie on the Owner or Claimer tiiereof, and not on the Informer or Profccutor; any Law, Cufl-om orUfage to the contrary notwithftanding. IX. And be it further enafted by the Authority aforefaid. That if any Aftion or Suit fliall be com- Limitation of menced againft any Perfon or Perfons for any thing done in purfuance of this Aft, every fuch Adtion or '^'^'"=' Suit fhall be commenced within fix Months next after the Faft committed ; and the Defendant or De- fendants, in any fuch Aftion or Suit, may plead the General Iflue, and give this Aft, and the Special ^«"^' '■""=' Vol. VII. F f f Matter