Page:Ruffhead - The Statutes at Large - vol 7.djvu/687

 A. D. 17 S^' Anno vicefimo noiio Georgii II. . C. 15. 667 VIII. Provided alfo, and be it further enafted by the Authority aforefaid, That no Linen of the Ma- Wdi r.inen r-. nuta6ure of Ireland^ to be exported trom Gi-eat Britain, Ihall be intitlcd to the Bounty unlefs fu'^h "'"B - Lirien (hall be, at the Time of fuch Exportation the Property of a Perlbn or Perlons ref'ding in Great poTr'l'o mie £ntain, or in iome ot his JVlajeltys Colonies or Plantations in America, of which the Exporter or Sel- o.ith, that 'ths ler for Exportation of luch //-z/X Linen is hereby required to make Oath, before the proper Officer or '^'"^^'  ""= Officers, of the Cuftoms of the Port where fucli //v^; Linen fliall be entered for Exportation ; which Sm^S,?^, in Oath fuch Omcer or Orhcefs is or are hereby impowered to adminifler. Great Britain of IX.- "And be it enacted by tJie Authority aforefaid. That the Species of IrHl Linen made of Flax and ^'"^''-'a- Hemp whereof the Piece or Bolt contains thirty-eight Yards in Length, and twenty-four Inches in Lmcn" "xcept"^ Breadthf, and Cloths ot ditterent Lengths and Breadths in Proportion from Number one to Number ed from Count}-. ten inclufive, which ihall weigh fitteen Pounds Weight or upwards, to forty-four Pounds We crht, as the fame is defcribed in an Ad made in the ninth Year of the Reign of his prefent Majefty, intituled An Act for further encouraging a?td regulating the ManufaPnire of Britiih &,dl Chth ; and for the more ef- felfual fecuring the- Dutiei now payable on Joreign Sail Cloth imported into this Kingdom, (hall not be in- titled to any Bounty or Reward by virtue or in confequence of this Adf ; any Thing in this or any former Adt contained to the contrary in any wife notwithftanding. X. Provided always, and be it further enaded, That all Bonds taken or to be taken, and Deben- Bonds and De- tures made or to be made, purfuant to this Ail, fliall not be chargeable wdth any of the Duties benturci- ex-- upon (tampt Vellum, Parchment or Paper ; any Law or Statute made or to be made' to the contrary l^^^""^ S"*^ notwithftanding., -^ ^""'P ^""• XL And be it further enatfted by the Authority aforefaid. That if any Perfon (hall falfely make any »co i. Penalty, Oath by this AcSl diredted to be made, and Ihall thereof be legally convided in any of his Majefty's J"^ 'r"^""^' Courts of Record in Great Britain, every fuch Perfon (hall forfeit the Sum of two hundred Pounds, and on making a"'' be imprifoned for twelve Months. faife o,!tii. XII. And be it further enafted by the Authority aforefaid, That the feveral Seizures, Penalties and where Seizures Forfeitures in this A&. mentioned, (hall and may be profecuted and determined by Bill, Plaint or Infor- Penalties,' and ' mation, in any of his Majefty's Courts of Record at JVeJlininJier, or in the Court of Exchequer in ^""■^'^^'-'ss.may Scotland refpedlively, wherein no ElToin, Protedion, Privilege, Wager of Law, or more than one Im- ^'^ P™'=-"^sd. parlance (hall be allowed ; and one Moiety of the (aid Seizures, Penalties and Forfeitures (hall be '" '^^'^ °*' to the Ufe of the King's Majefcy, and the other Moiety to fuch Perfon or Perfons as will fue c^nfnKwh'ire for or profecute the fame; and in cafe in any fuch Suit it (hall be made a Queftion whether any Linens were fuch Linen is of the Manufacture or Fabrick of Great Britain or Ireland, or of any foreign Coun- "'anufaftured, try, in fuch Cafe the Onus Probandi thereof (hall lie upon the Exporter or Seller thereof for Ex- the°Exporter°'^ portation. XIII. And be it further enaded by the Authority aforefaid. That from and after the faid twenty- °"'>'°" f°eign- fourth Day oi June, no Subfidy, Cudom, Rate, Duty, or other Impofition whatfoever, ihall be de- famsVirported manded, colleded, received or taken, upon any Raw or Brown Linen Yarns, made of Flax, and ' known by the Names of Dutch Yarn and French Yarn, and of Spruce or Mufcovia Yarn, or any other foreign Raw or Brown Linen Yarns made of Flax, which (liall be imported -into this Kingdom ; hut that all fuch Linen Yarns (hall and may be imported Duty-free, for the Space of fifteen Years from the taken off for faid twenty-fourth Day of June, or at any Time thereafter, before the End of the then next Seffion H'^^^'"'" °' ^? of Parliament ; any former Law, Statute, or Ad or Ads of Parliament, to the contrary notwith- in'^cjfc of Ouc- rtanding : And in cafe any Queftion fhall arife in refpedt of Yarn imported Duty-free, whether ftion rti'atinj u> fuch Y~arn be made of Flax or not, the 0?ius probandi (liall lie upon the Importer or Claimer '^'^"^' P'™''^ thereof. h^P^rl-r'" XIV. Provided always, and be it further enaded by the Authority aforefaid. That a due Entry (liall r.ntry lo he proper Umcer or Utficers of the Cuitoms appc.iL- porting, ed for that Purpofe ; and the Importation thereof, be in Ships or VelTels built in Great Britain, Ireland, or his Majefty's Dominions in America, and navigated according to Law ; and if any Perfon or Perfons upon the Importation of any foreign Raw or Brown Linen Yarn made of Flax, fiiail not ob- (erve and perform the. faid Conditions and Diredions herein before - mentioned, every fuch Per- <'"f^'ii"r5o£ ^ fon fhall be liable to and pay fuch and the fame Duties, as fuch Yarn would have been liable ^'^e'^p'^alj^"^' '* to, if this Ad had not been made ; any Thing in this Ad contained to the contrary notwith- ftanding. p r <-, , XV. And be it I'urther enacted by the Authority aforefaid. That if any Aiiion or Suit (liall be Tccounc ot th's commenced againft any Perfon or Perfons for any Thing done in Pur,uance of this Ad, the Defendant Adt, or Defendants in any luch Action or Suit may plead the General Illue, and give this Ad and the Special Q^^jlTf rj'* Matter in Evidence, at any Trial to be had thereupon ; and that the fame was done in purfuance and by ^"'^' ' '"-" the Authority of this Ad ; and if it (hall appear fo to have been done, the Jury Ihall find tor the Defendant or Defendaats; and if the Plaintiff ihall be nonfuited, or difcontinue his Adion, after the Defendant and recover or Defendants (hall have appeared ; or if Judgment fhall be given upon any Verdidl or Demurrer againft 'r^l^'s CoiL( the Plaintiff, the Defendant or Defendants (hall and may recover treble Cofts, and have the like Remedy ^ee farther for the fame, as any Defendant or Defendants hath or have in other Cafes by Law. '=■- '^"- '^- '• j-- 4.0 z CAR