Page:Ruffhead - The Statutes at Large - vol 8.djvu/424

 39^ C 33. Anno tricefimo fecundo Georgii II. A. D. 1758, VI. And be it further enafted by the Authority aforefaid. That if any Doubt or Queftion fhall arife with refpedl to the Species and Qiiality of the faid Goods feized by virtue of this A£t, or Recovery and AppHca- tuin-of the Penalties. I'pon Aflions entered for pecuniary Penalties, I'l Doubts concerning the Species or Quality, ___________ _ _ fee of the Goods, Onus ^,]^qj.q ^.j^e fame Were manuVadured, theTroof (hall lie on the Owner or O'wners thereof, and 'noti rrobandi to lie on tiie ir>r t /^n tt<- i ^ ^-ini- ^^^gj. upon the rroiecutor ; any Law, Cuftom or Ufuage to the contrary notwithitanding. Go'ids feiied !o be car- Vl^' And be it further enadled by the Authority aforef:iid. That all the Goods feized by virtue of r'edtothe next Cuftom- this A&, or any Other Caufe of Forfeiture, (hall, upon Seizure thereof, be carried to the next Cu- houfe, flom-houfe, and after Condemnation in due Courfe of Law, fhall not be confumed or ufed in thiii and after Condemnation Kingdom, but fhall be exported; and fhall not be fold or delivered out of fuch Warehoufe, other- 10 be exported. wife than on Condition to be exported, nor until the Buyer or Buyers (hall have given Security for the Exportation thereof, and obfervirig all the Regulations and Reftri£tions prefcribed for th« Exportation of Ea/} India Goods prohibted to be confumed or ufed in G?'eat Britain. VIIL And be it further enacted by the Authority aforefaid. That all the Penalties and For- feitures by this A(fl impofed, fliall and may be fued for and recovered in any of his Majefty's Courts of Record at lVe/?min/h'r, or in the Court of Exchequer ^t Efiinlpurgh refpedtively, by Afiion, Billj Plaint or Information, in the Name of his Majeity's Attorney General, or in the. Name of his Ma- jefty's Advocate in Scotland^ or in the Name or Names of fome Officer or Officers of the Cuftoms ; and that one Moiety of every fuch Penalty and Forfeiture fball be to his Majefty, his Heirs and: Succeflbrs, and the other Moiety thereof to fuch Officer or Officers of the Cuftoms who fhall ferze, ! inform or profecute for the fame. IX. And be it further enaded by the Authority aforefaid, That upon every A6lion, Bill, Plaint' or Information, entered and filed as aforefaid, for any pecuniary Penalty impofed by this Ad, a a Capias in the firft Pro- Capias in the firft Procefs (hall and may ifTue, fpecifying the Sum of the Penalty fued for; and the ce^s to beiffued ; Defendant or Defendants (liall be obliged to give fufficient Bail or Security by natural-born Subjects »a&d the Defendant may or Denifons, to the Perfon or Perfons to whom fuch Capias (liall be directed to appear in the Court pe 5^11 thereto, &-c. ^^^ ^f which fuch Capias fliall ifTue, at the Day of the Return of fuch Writ, to anfv/er fuch Suit or Profecution ; and (hall lilcewife, at the Time of fuch Appearance, give fufficient Bail or Security, by fuch Perfons as aforefaid, in the faid Court, to anfv/er and pay all the Forfeitures and Penalties incurred for fuch Offence or Offences, in cafe he, (he or they (liall be convitted thereof, or to yield his, her or their Body or Bodies to Prifon. X. And be it further enacted by the Authority aforefaid. That if any AtSlion or Suit (hall be com- menced againft any Perfon or Perfons for any Thing done in purfuance of this Aft, the Defendant or Defendants in fuch A6lion or Suit may plead the General IfTue, and give this Aft, and the Spe- cial Matter in Evidence, at any Trial to be had thereupon; and that the fame was done in purfu- ance and by the Authority of this Aft: And if it fnall appear fo to have been done, then the Jury fhall find for the Defendant or Defendants; and if the Plaintiff (hall be nonfuited, or difcontinue his Aftion after the Defendant or Defendants (hall have appeared ; or if Judgment (hall be given upon any Verdift or Demurrer againft the Plaintiff ; the Defendant or Defendants fhall recover Treble Cofts, and have the like Remedy for the fame, as Defendants have in other Cafes by Law. CAP. XXXIII. 1} An Acl to explain and amend an Adl made in the iafl: Sedion of Parliament!, intltuledf An A^ for granting to his Majejiy fever al Rates and Duties upon Offices and Pennons % nnd upon Houfes •, and upon fVindows or Lights ; and for .raifing the Sum of Jive millions by Annuities and a Lottery, to he charged on the faid Rates and Duties ; fo far as tt fame relates to the Rates and Duties on Offices and Penfions. • Qeneral IfTuei treble Cofts, Prein(vb"'e, recited Claufcs ki an A£t of laft Seflion. 31 Cta. 2. c. 2Z. far former Pronjijioii rt- Jaling herdo refir to %0 Geo. 2. c. 3 Gf 42. 21 Ceo. ^. c. 10. ^6 Cis, 2. c. ij. H E R E A S by an Aft made in the laft Sef^ion of Parliament, intituled. An Aii for gran-^ duftion fhall be made of the Sum of one Shilling out of every twenty Shillings payable for or tL refpeft of the Salary, Wages or Fees of any Offices aiid EmpK^yments payable by the Crown in Great Britain., which exceed one hur.dred Pounds per Annum and for or in refpeft of any Pen- fion or Gratuity, which is or (liall be payable out of any Revenue belonging to liis iMajefly in Great Britain, exceeding the Value of one hundred Pounds per Annum ; and that the Money fo deduftcd by the Officers of his Majefty's Exchequer in England, (hall remain there for the FurT pofes in the faid Aft declared ; and that fuch Part of the Money, as (liall be fo dedufted by any Officer or Officers of the Dutchies of Lancajtcr and Cornzvall, or by any other Commiffioners, Officers and Perfons, by whom the faid Salaries, Wages, Fees, Penfions and Gratuities, are or fhall be rcfpeftively payable in England, (hall be by them paid into the Receipt of liis Majefty's Exchequer at Weftminfter: And whereas the faid recited Dircdtions may be expenfive in the Exe- cution thereof, by fubjcfting each of the Officers, Commiffioners and Perfons, by tlie faid Aft re- niirred to make the Deduction aforefaid, to a feparate Account before the Auditors of the Iniprej^s fcjr the feveral Sums by them rcfpeftively dedufted : And whereas the faid recited Direftions have appeared to be in other Rcfpcfts inconvenient;' Be it enadlcd by the King's moft Excellent Ma- jefty, by and with the Advice and Confcnt of the Lords Spiritual and Temporal, and Commons, 1 in