Page:Ruffhead - The Statutes at Large - vol 8.djvu/385

 A.D. 1 7 'J 8. Anno triceiimo fccundo Georgii II. C 17. 35 1 XXVl. Provided nevsrtheleis, and it is hereby alfo enatted. That it Ihall be lawful to and for J^f^'ccs may mitigate the TV luftice or Jufticcs of the Peace who iliall convict any OfFender or Off^enders againft this A>.Oi, ^'«"'''""> cm time to time, as he or they Ihall fee Caufe, to mitigate or leften any of the Forfeitures or Pe- any from nalties incurred by any fuch Conviction, as any fuch Juttice or juftices in his or their Difcretion fhall think fit, fo as fuch A4itigation doth not extend to remit above one Moiety of the Penalty fc as not to remit above forfeited by any fuch ConvicSlion ; and on the Payment by the Perlbn or Perfons who fhall have one Moie-y thcieof. been fo convicfted of the Sum to which any fuch Penalty or Forfeiture fhall be fo leilened or miti- gated the Perfon or Perfons who (hall have been fo convidled, fhall be acquitted and difcharged of, from and ao-ainft the Penalty or Forfeiture incurred by any fuch Convidion. XXVII. ^ Provided alfo, and it is hereby further enadtd, 'J'hat if any Perfon or Perfons fhall Perfcns aggrieved, &c. ■ ' ' /-■,-,-. T. -.-^ ' ' )f '"^y appeal to the Ge.ie- Of Ciiiarier-Seiiions j tYiQ Pes.^ mitted who are hereby impowered to furnmon and examine Witnefles upon Oath, and to hear and determ'ine the Matter of every fuch Appeal; and which Determination fhall be final, and fliall not the Determination there- hp rpmnvable bv Certiorari, or otlierwife, into any other Court ; and in cafe of Convidtion, to iilue ?f '", '^^ ''"^' ^ „ DC iciiiuvuui- uy v^.- ., u ^u ^ /I u tU- A ti r 1 1 xL T-) ^ r L ii Penalties and Cofts a Warrant for levymg or compelling, by the Means by this Adt prefcnbed, the Payment of the Pe- a^^.j^ded, to be kvied ■fialties and Forfeitures hereby incurred, and the reafonable Charges on any fuch Appeal, if fuch by Diftrefs 5 Charees at any fuch Seffions Inail be awarded ; and iitcafe of ISlonpayment, to commit the Offender and for want of Diftrefs, 'or Offenders, on whofe Goods no fuiTicicnt Dilhefs can be made, to the Houfe of Con-e£tion of Offender to be coai- the County, City or Place where any fuch Offender fliall be apprehended, there to remain without '^"'*^''" Bail or Mainprize, and be kept to hard Labour, for any Time not exceeding pne Month, or until Payment fhall before that Time be made, of the pecuniary Penalty or Forfeiture incurred, and the reafonable Charges of every fuch Appeal, if the fame at any fuch General or General Quarter-Sef- fion of the Peace, fliall be ordered to be paid, or Compolition foall be made and accepted for luch Penalty or Forfeiture and Charges. XXVIII. And be it further enaded by the Authority aforefaid, That the feveral Claufes, Powers, Coirmencement and Penalties Forfeitures, Provifions and Matters herein before contained, fhall continue in Force and Continuance of this a^, be executed from and after the refpecfive Commencements thereof, until the twenty-fourth Day of June one thoufand fcven hundred and feventy, and from thence to the End of the then next Sef- fion of Parliament. XXIX. And it is hereby further ena£ted and declared. That if any Suit or A£tion fnall be brought Limitation of Aaions, or profecuted againft any Perfon or Perfons for any Thing done or to be done in puriuance of this A6t • in every fuch Cafe, the Attion or Suit fhall be commenced within fix Months after the Fad tommitted, and not afterwards; and fhall be laid or brought in the County, City or Place where the Caufe of Adlion arifes, and not clfewhere ; and thje Defendant or Defendants in fuch Adion or Suit may plead the General Iffue, Not guilty, and give this Ki and the Special Matter in Evi- General liTue, tience.at any Trial to be had thereupon, and that the lame was done in purfuance and by the Au- thority of this AGt ; and if it fliall appear fo to be done, or if any fuch Action or Suit fhall be brought after the Time limited for bringing the fame, then the Jury Ihall find for the Defendant or Defendants J or if the Plaintiff" or Plaintiffs fhall become nonfuited, or fuffer a Difcontinuance of his her or their Action- or Actions, or if a Verdidt fHall pafs againft the Plaintiff or Plaintiffs ; or if upon Demurrer, Judgment fhall- be given againft the Plaintiff or Plaintiffs, the Defendant or De- fendants fhall have Treble Cofts, and have luch Remedy, for the fame, as any Defendant or De- '^'^^^'« ^'''^J. fendants hath or have for Cofts of Suit in other Cafes by Law. XXX. And be it further enacted by the Authority aforefaid. That this A£t (hall be deemed and Poblick Aa^ taken to be a Publi<5l Adti and all Judges, Juftices,. and other Perfons, are to take Notice thereof. C A P. XVIL An A£b for obviating a Doubt with refpeft to the fummoning of Perfons for Offences committed againft, or Forfeitures incurred by, the Laws of Excife. < "W-ttHEREAS it has been doubted, where the GommifTioners of Excife and Juftices of the P''ca»"W?' ' fufficient Summons, and as legal and effcdtual a Notice, as If the fame had been aftuajly deli^- Now in order to put an End to fuch Doubt; Be it hereby enaded by the King's inoft Excellent Maieftv, by and v/ith the Advice and Confent of the Lords Spiritual and Temporal, and Com- ^ X ' mons.
 * W Peace have refpedively iffued out any Summons for the Appearance of Perforts offending,
 * againft, or for Forfeitures incurred by, the Laws of Excife, or other Laws made for colieding
 * and fecuring the feveral other Duties under the Management of the Commiffioners of Excife,
 * which hath been left at the Houfe or ufual Place of Refidence, or with the Wife, Child, or
 * menial Servant of fuch Perfons, whether the fame fhould be deemed and adjudged a good and
 * vered to the proper Hands of fuch Perfon or Perfons to whom the fame was or were direded ;'