Page:Ruffhead - The Statutes at Large - vol 7.djvu/491

 A. D. 1753. Anno viceHmo fexto Georgii II. C. 6. 471 rentine, every fuch Perfon fo ofFending Tnall fafi'cr Death, as in Cafes of Felony, without Benefit of 'P ""''" Q;;-'"- ClercV - r mine, or tium ' XIX. And whereas it is notorious, that notwithftanding the many good Laws made to prevent thc^ufftrDcaih. ' clandelHne Importation of cutlomablc and prohibited Goods and Merchandizes, a pernicious Trade of ' that Kind is ftill carried on, for the moft part in open Boats or Veffcls of fma!l Burthen, v/nich pri- ' v.itely and in the Night put into Creeks and fecret Places on the Coaft, thereby efcaping the Obfervation ' of the Officers of the Cuftoms, which Practices may prove highly detrimental to the Safety of thefe ' Kingdoms during a Time of Infection;' For Prevention thereof. Be it enacted by the Authority afore- Dming the In- faid, 'Fhat when any Part of Great Britabi, Irdand^ or the Ifles of Gturvfcy, J'rfey, Aldcfr.ry, i'flr/e or •■'^'"" '" "= Man, or France., Slain, Portugal or the Loui Countries, fliall be infeiSted wich the Plague, it flral) and may ^^"? '","^'" ,, be lawful to and for his Majeliry, his Heirs and Succeifors, by his or their Proclamation to prohibit and veliels to cive* reftrain all Imall Boats and Veflels, under the Burthen of twenty Tons, from failing or paffing out of any Security not to fuch Boat or Veflel {hall fail, by Bond taken to the King, his Heirs or Succelfors, with fufficient Sureties, mation. in the Penalty of three hundred Pounds, with Condition that if fuch Boat or Veffel fliall not go to, or touch at any Country, Port or Place to be mentioned for that Purpofe in fuch Proclamation; and if the Mafter or other Perfon having charge of fuch Boat or Veflll, and all and every Mariner and Mariners, Paffengcr and Paflengers going in fuch Boat or Veflel {hall, during the Time aforefaid, not go on board any other Ship or Veflel at Sea, and if fuch Mafter or other Perfon having charge of fuch Loat or Veflel {hall not permit or fuft'er any Perfon or Perfons to come on board fuch Boat or Veilel at Sea from any other Ship or v^eflel, and fnall not, during the Time aforefaid, receive any Goods and Mercliandizes what- foever out of any other Ship or Veflel, then fuch Bond fhall be void, or to fuch EfFeft; for the ma- king of which Bond no Fee or Reward whatfoever fliall betaken; and in cafe any Boat or Veflel foi-^;^'?'^'' '•■!"""'S which fuch Security fliall be required by fuch Proclamation, {hall fet fail or pafs out of any Port or 5^|, ™j" j^'^i^^^ Place of Great Britain or Ireland, or the Iflands of Gucrnfcy, jerfey, Alderney, Sark and Man, or any ofiorfeitcd; them refpeftively, before fuch Security be given as aforefaid, every fuch Boat or Veflel fo failing or paffing out of any Port or Place, contrary to the true Intent and Meaning of this Aft, together with her Tackle, Apparel and Furniture, fhall be forfeited to the King, his Heirs and Succeffors, and {hall and may be leized, fued for, and recovered in his Majefty's Court of Exchequer at Wejlminjier, Edinburgh or Dublin, or in the proper Courts of the Ifles of Guernfey, Jcrfey, Alderney, Sark or Man refpeiftively, to the Ufe of his Majefty, his Heirs and Succeflbrs; and the Ma(ter of, and every Mariner failing in any fuch Boat o.r=i"'3 the MarrM Veflel, being thereof lawfully convicted upon his or their Appearance or Default, upon the Oath or Oaths ^."^"'" of one or more credible W^itnels or WitnefTes, by one or more Juftice or Juftices of the Peace where fuch™ Offender fliall be found Cwhich Oath fuch Juftice or Jultices of the Peace are hereby impowered and re- quired to adminifter) {hall forfeit the Sum of twenty Pounds; one Moiety thereof to the Informer, the other ]^ioiety to the Poor o_f the Parifh where fuch Offender {hall be found; the fame to be levied by Difl'refs and Sale of the Ottender's Goods, by Warrant under the Hand and Seal or the Hands and Seals of fuch Juftice or Juitices before whom iucli Offender fliall be convifled as aforefaid; and for want of fufficient Diftrefp, t very fuch Offender fliall by fuch Juftice or Juftices be committed to Prifon, thereto remain without Bail or Mainprize for the Space of three Months; and in cafe any fuch Ofi'ender fliall be found in any of the faid Ifles of Guemjcy, jerfey, Alderney, Sark or Man, and fliall be lawfully conviiSfed of fuch Ofl'ence in any Action or Suit to be founded on this Aft, in the proper Court of any of the {"aid Ifles where he fliall be fo found, fuch Offender iliall forfeit the Sum of twenty Pounds; one Moiety thereof to the Informer, and the other Moiety to the Poor of the Parifh or Place where fuch Offender fhall be found; and in default of paying fuch Penalty fliall fuffer Imprifonment without Bail or Mainprize for the Space of three Months. XX. And, to the end that all Perfons may know hov/ to demean themfelves in the Premiffes, Be itP''^"'-^ '^"■'"^."n- further ena£fed by the Authority aforefaid, That when and as often as his Majefty, his Heirs or Succeflbrs, 1"^^^^^™.""" ihall make any Order or Orders concerning Quarentine, and the Prevention of InfeiSfion, and notify the churches, &c. fame by Proclamation, or caufe the fame to be publiflied in the London Gazette, as aforefaid; fuch Procla- mation, or Order or Orders in Council, as aforefaid, fliall be publickly read upon the next Sunday on which Divine Service fliall be performed after the Receipt of the fame, and the firlt Sunday in every Month afterwards (during the Time fuch Orders fliall continue in Force] immediately after the Prayers, in all Parifli Churches, and other Places fet apart for Divine Worfliip, within fuch Counties and Places as {hall be fpecified for that Purpofe in fuch Proclamation or Orders refpeiftively. XXI. And be it further enaiSfed by the Authority aforefaid. That if any Aftion or Suit {hall be com- menced againft any Perfon or Perfons for any Thing done in purfuance of this prefent KSt, the Defendant or Defendants in fuch Adtion or Suit, may plead the General Iffue, and give this Aft, and the fpecial General Iffiie. ■ Matter in Evidence, at any Trial to be had thereupon; and that the fame was done in purfuance and by the Authority of the faid Aft; and if it fliall appear fo to have been done, then the Jury fliall find for the Defendant or Defendants; and if the Plaintiff" fliall be nonfuited or difcontinue his Aftion, after the De- fendant or Defendants fliall have appeared; or if Judgment fhall have been given upon any Verdift or De- murrer againft the Plaintiff, the Defendant or Defendants fhall and may recover treble Cofts, and have the TreUe Cods, like Remedy for the fame, as the Defendant or Defendants hath or have in other Cafes by Law. XXII. Provided always, and it is hereby enafted. That no Attainder of Felony, by virtue of this Aft, L™'tat.m,^of_^ fliall extend to work any Corruption of Blood or Forfeiiure of any Goods, Chattelf, Lands, Tenements j^J^y^^jj^^"^^" or Hereditaments. XXIII.