Page:Ruffhead - The Statutes at Large - vol 8.djvu/512

 478 C. 28. Anno triceiimo tertio Georgii II. A. D. 1 750 J be fo' Farm of Conviction. Perfon offending, for fo much of the Penalty under the Sum of five Pounds as fhall mitigated. XVIII. And be it further enadted by the Authority aforefaid. That the Juftice or Juftices be- fore whom any Perfon fhall be convided by virtue of this Ail, (hall caufe fuch refpedive Convidioa to be drawn up in the Form or to the Effed following ; that is to fay. (To wit) of his do adjudge him, her or them (as the Cafe foall be) to pay and forfeit ' and ' the Sum of Appeal may be made to the next General or Quarter-Sefiion, the Appellant entering into a Recognizance, and giving due Notice to the Profecutor j and the Juftices at the faid SelTiGns are autho- rized to hear and deter- mine the Matter of fuch Appeal, &Cf and their Order to be final. Limitation of Aftions. Cental I/Tue* Treble Cofts, See farther » Gee, 3, e. 15. preamble, 33 Cea, 2. e. 9. The Duties of Cuftom payable upon the Impor- tation of Uum and Spi- rit? from the Britifh Su- gar Hiantation^, to Ic repaid 'ipon the Expor- titipi) '.hereof J Given under our Hands and Seals (or 7ny Hand and Seal) the Day and Tear abovefaid. XIX. Provided further, and be it alfo enafted, That it fhall be lawful for any Perfon or Perfons who fhall think him, her or themfelves aggrieved by the Convidlion of any Juftice or Juftices of the Peace for any Offence committed againft this Ad, or the faid recited A£l of the twenty-ninth Year of his faid prefent Majefty's Reign, to appeal to the next General or Quarter-Sefiion to be holden for the County, City or Place in which any fuch Conviction fhall have been made ; the Perfon or Perfons fo appealing, firft entering into a Recognizance in double the Sum of Money forfeited, be- fore the fuch Juftice or Juftices, to profecute fuch Appeal with Effed, and abide by the Order or Orders which fhall be made on fuch Appeal ; and giving eight Days Notice in Writing of every fuch Intention to appeal, to the Party or Parties on whofe Profecution any fuch Convidlion was made; and the Juftices of the County, City or Place, in which any fuch Conviction fhall have been made, are hereby authorized and required in their next General or Quarter-Seflion after any fuch Appeal fhall be made, to hear and determine the Matter of every fuch Appeal, and to make fuch Order, and to award fuch Cofts and Damages as to them in their Difcretion fhall feem reafonable ; and to levy, by their Order or Warrant, the Cofts which fhall be fo awarded, together with fuch Money as they fhall adjudge to be forfeited, by Diftrefs and Sale of the Goods and Chatties of any Perfon who fhall refufe to pay the fame ; and for want of fufficient Diftrefs, to commit the Party or Par- ties to the Common Gaol or Prifon of the County, City or Place in which he, fhe or they fliall be apprehended, there to remain and be kept to hard Labour for the Space of fix Months, unlefs the Money which fhall be adjudged to be forfeited, as well as the Cofts ordered to be paid, fhall be fooncr paid ; and fuch Order of any fuch Juftices at their General orQiiarter-SefHons, Ihall be final ; and no Proceedings of any fuch Juftices out of SefTion, or in their faid General or Quarter-SefTion, in purfuance of this Adt, fhall be removeable by Certiorari, or otherwife. XX. Provided likewife, and be it alfo enabled by the Authority aforefaid. That if any A6tion or Suit fhall be commenced againft any Perfon or Perfons, for any Thing done in purfuance of this A61-, every fuch A6lion or Suit fhall be brought within fix Months next after the Fa6l committed, and not afterwards, and fhall be laid or brought in the County, City or Place in which fuch Offence fhall be committed, and not elfewhere ; and the Defendant or Defendants, in every fuch Adlion or Suit fo to be brought, fhall and may plead the General Iflue, and give this A6t and the Special Mat- ter in Evidence, at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this A£l: ; and if it fhall appear fo to have been done, or that fuch Action or Suit fhall be brought after the Time limited for bringing the fame as aforefaid, then the Jury fhall find for the Defendant or Defendants : And upon fuch Verdidl ; or if the Plaintiff" or Plaintitts fhall become nonfuit, or difcontinue his A£lion, after the D'^fendant or Defendants fhall have appeared ; or if, upon Demurrer, Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants fhall be paid Treble Cofts, and have fuch Remedy for Recovery of the fame, as as any Defendant or Defendants hath or may have, in any Cafe, to recover his, her or their Cofts by Law. CAP. xxvin. An hdi for encouraging the Exportation of Rum and Spirits of the Growth, Produce, and Manufafture of the Britijh Sugar Plantations, from this Kingdom, and of Britijh Spirits made from MelafTes. FOR encouraging the Exportation of Rum and Spirits of the Growth, Produce, and Manufac- ture of the Britijh Sugar Plantations in America, from this Kingdom as Merchandize; Be it ena£lcd by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affemblcd, and by the Autho- rity of the fame, That from and after the fixtccnth Day of J/'w^ one thoufand fevcn hundred ai>d fixty, upon the Exportation of Rum or Spirits of the Growth, Produce and ManufatSture of the Britijl) Sugar Plantations in America, from this Kingdom, as Merchandize, there fliall be, inftcad and in litu of all former Drawbacks and Allowances out of the Duties of Cuftom, a Drawback, or
 * "O E it remembered, That on this Day of ' in the
 * J3 Year of the Reign of J. B. is convided before
 * Majefty's Juftices of the Peace for the County of or City of
 * or Corporation of (as the Cafe Jhall happen to be) for