Page:Ruffhead - The Statutes at Large - vol 8.djvu/620

 86 C. 6. Anno fecundo Georgii III. A. D. 1761. Recovery, Mitigation, and Application of Pe- nalties, in general. General Iflue. Treble Cofts. raifing, levying, colle^Sling, paying, mitigating, adjudging, afcertaining, and recovering the Duties and Penalties hereby granted, and for preventing, detecSting, and puniftiing Frauds relating thereto, ' or in any wife relating to the due and fair Exportation of Spirits to foreign Parts; as fully and effec- tually to all Intents and Purpofes, as if all and every the faid Powers, Authorities, Rules, Directions, Methods, Penalties and Forfeitures, Claufes, Matters, and Things, were particularly repeated and again enacted in the Body of this prefent Ait. XXXII. And be it further enacted and declared by the Authority aforefaid. That all Fines, Pe- nalties, and Forfeitures impofed by this A£l, fliall be fued for, levied, recovered, or mitigated, by fuch Ways, Means, and Methods, as any It ine, Penalty, or Forfeiture is or may be recovered or mitigated b.y any Law or Laws of Excife (not otherwife directed by this Act) or by AiStion of Debt, Bill, Plaint, or Information, in any of his Majefty's Courts of Record at Wejhnhifier^ or in the Court of Exchequer in Scotland refpe6tively, and that one Moiety of every fuch Fine, Penalty, or For- feiture fliall be to his Majefty, his Heirs and Succeflbrs, and the other Moiety to him or twcm who fhall difcover, inform, or fue for the fame. XXXIII. And be it further enacted by the Authority aforefaid. That if any Perfon or Perfons fhall be fued, molclted, or profecuted for any Thing done by virtue or in purfuance of this A6t; fuch Perfon and Perfons fhall and may plead the General IlTue, and give this A6t and the Special Matter in Evidence, in his, her, or their Defence or Defences; and if afterwards a Verdi6t Ihall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs Ihall difcontinue his, her, or their Adtion or Actions, or be nonfuited, or Judgment fhall be given againft him, her, or them, upon Demurrer, or otherwife, then fuch Defendant or Defendants fliall have treble Coils awarded to him, her, or them, againft any fuch Plaintiff or Plaintiffs. CAP. VL An A(5l for the Importation of Salted Beef, Pork, and Butter into this Kingdom from Ireland^ for a limited Time, for the Supply of his Majefty's Ships, Tranfport and other Ships and Vellels, in his Majefty's immediate Service and Pay. FO R the more eafy vi<£tualling of his Majefty's Ships, and Tranfport and other Ships and Vef- fels, at'thisTimej Be it enacted, and it is hereby ena6ted by the King's moft Excellent Ma- jefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the twenty-fourth Day of ZJ^f^wZ'^r in this prefent Year one thoufand feven hundred and fixty-one, it fhall and may be lawful for the CommilTioners for vidtualling his Majefty's Navy, or for any Perfon or Perfons having an Authority under the Flands and Seals of any three or m.ore of them, to import any Sort of Salted Beef, Pork, and Butter into this Kingdom from Ireland^ to be applied for the fole Ufe and Supply of fuch Seamen, Marines, and other forces, as fhall be on board of his Majefty's I'fe of the Navy. Tranf- Ships, and Tranfport and other Ships and Veffels, in his Majefty's immediate Service and Pay, and j-ort ani oti-erVcnils in to and for no Other Ufe or Purpofe whatfoevcr; and the faid Commiflioners, and other Perfons autho- rized as aforefaid, acting according to the true Intent and Meaning of this A£t, ftiall be, and ihey are hereby, exempted from die Payment of all Subfidies, Cuftoms, Rates, Duties, or other Impofi- tions, and from all Penalties, P'orfeitures, Payments, and Punifhments for or upon account of im- porting or bringing of Salted Beef, Pork, and Butter into this Kingdom from Ireland^ for the Ufes aforefaid; any Adt or A6ts of Parliament to the contrary notwithftanding : And the faid Commif- fioners fhall take care that upon the Importation of fuch Salted Beef, Pork, and Butter into this Kingdom from Ireland, the fame, and every Part thereof, fhall be depoftted in his Majefty's Store- houles at or neareft the Port where the fame fhall be imported, there to be under the Care and In- fpedtion of the proper Officers having the Care of his Majefty's Stores for vidtualling Ships and Vcf- kept thereof, and bow fiQpers fhall caufe an Account to be kept of all fuch Salted Beef, Pork and Butter, and how the fame is difpofcd of. II. Provided neverthelefs, That if at any Time it fhall happen that any of the faid Provifions which Ihall be imported under the Authority of this Adt, fhall be, by the faid Commiflioners, deemed unferviccable, then it fliall and may be lawful for the faid CommilTioners, or any three or more of them, to order and dircdt any Perfon or Perfons they fliall think proper to fell the fame, for the beft Price or Prices that can be got; and fuch Perfon or Perfons fo authorized to fell the fame fnall, and ^^1- Seller giving a Certi. he and thcv is and are hereby required to give a Certificate or Certificates in Writing to the Purchafer Preamble. Commiflioners for vic- tualling the Navy, and Pi;rlons authorized by tlicm, may impr rt Salted Be:f, Pork, and Butter trom Irfland, for the his Majefty's Pay Djty-f:ee, &c. faking care that the i^vr.r tie dcpofited in the King's Storehoufes, and ifphed accordingly; the fame it difpofcd of. If any of the faid Pro- vifions (hall be deemed un(erviccablc, the Com- mijrioners may authorize the fame to be fuld j the Purchafer. I/imitation of Aftion:. General IfTje, and Punifhments for or upon account of fuch Salted Beef, Pork, or Butter fo purchafed by them as aforefaid. III. And be it further enadted by the Authority aforefaid. That if any Adtion or Suit fhall be commenced againft any Perfon or Perfons for :iny Thing clone in purfuance of this Adt, the De- fendant or Defendants, in any fuch Adtion or Suit, fliall and may i)lcad the General Iffue, and give this Adt and the Special Matter in Kvidencc, at any Trial to be had thereupon i and that the fame was
 * nd that an Account be fels in his Majefty's Service, and fhall be applied as is herein before directed; and the faid Commif-