Page:Ruffhead - The Statutes at Large - vol 9.djvu/103

 of A.D.1762. Anno tertio Geor gii III. C. 21; 53 IV. Provided always, and be it alfo further enacted by the Authority aforefaid, That whenever where the Value of the .fuch Ribbands, Laces and Girdles /hall be found and feized in that Part of Great Britain called Goods fo feized out of England, and out of the Cities of London and Weftminjier, and the Limits of the Weekly Bills out of London and Weft. of Mortality, and the fame fhall not exceed in Value the Sum of twenty Pounds, it fliall and ™ infter > donot exceed may be lawful for two or more of his Majefty's Juftices of the Peace for fuch County, City, Bo- *° ' rough or Place where the fame (hall be fo found and feized, upon any Information .before them, ™° toConLm'nationV that fuch Ribbands, Laces or Girdles were feized as Ribbands, Laces or Girdles unduly brought or Difcharge thereof. into, and not manufactured within 'this Kingdom, to hear and determine the fame, and to proceed to Condemnation or Difcharge thereof, as fliall feem juft; any thing herein before contained to the contrary notwithftanding. V. And, for the utter Prevention of all and every fuch Ribbands, Laces and Girdles feized and condemned as aforefaid, from ever being made ufe of to the Prejudice of the Trade and Manufac- tures of this Kingdom, Be it further enacted by the Authority aforefaid, That all and every fuch After Condemnation the Ribbands, Laces and Girdles, after Condemnation thereof, dial], by Order of the Court, Judge or Goods to be burnt,. Judges, or Juftices, where or before whom fuch Condemnation fliall be had, be publickly burnt and entirely deftroyed ; but the Execution of fuch Order fliall and may be fufpended for fo long fufpending the Execution Time only as may be thought juft and meet, for the better attaining the Ends of Juftice, with re- thereof onl^ till Profe- gard to any Suit or Profecution .had, or to be had, for the Recovery of any pecuniary Penalty or cutLOn ° ' e enatles ° Penalties by this Aft inflicted. VI. Provided always, and it is hereby further enacted by the Authority aforefaid, That forth- xhe Goods afterSeizure,- with, after the Seizure of any fuch Ribbands, Laces or Girdles as aforefaid, the fame, until they to be depofited, till Con-- fliall be condemned, burnt and deftroyed as aforefaid, or difcharged as unduly feized, fhall be de- demnation, or Difcharge,. pofited in one of the King's Warehoufes belonging to the Cuftom-houfe, in cafe fuch Seizure hap- '" * e K ' n j> s _ Ware " , pens to be within the Cities of London or Weftminfter, or the Weekly Bills of Mortality, where the m ° a " ewithin^heBilTs of fame fliall be received and admitted at all Times by the proper- Officer or Officers there, who is and Mortality, are hereby impowered and required to receive and preferve the fame until they fliall be condemned, burnt and deftroyed, or difcharged as aforefaid; and in cafe fuch Seizure fhall be made out of the if elfewhere, then in the faid Cities of London and Wejlminjler, and the Weekly Bills of Mortality, then the fame fliall be de- Hand of the Chief Ma- pofited in the Hands of the Chief Magiftrate of fuch City, Town or Place where the fame fliall s lftratf v be feized, or in the Hands of the Cpnftable of the next adjacent Village, who is and are hereby or Conftablej. impowered and required to receive and preferve the fame, until they fliall be condemned, burnt and deftroyed, or difcharged as aforefaid ; and all and every fuch Ribbands, Laces and Girdles may and to be free to Iiifl»ee< from time to time be viewed and infpected by any Perfon or Perfons, on Behalf of the Profe- tion ; with Leave of cutor or Profecutors, or of the Perfon or Perfons interefted in, or claiming, the faid Ribbands, Court > &c '' Laces and Girdles, with the Leave of the Court, Officers, Judges or Juftices, where or before whom any Profecution or Suit fliall be carried on for Condemnation thereof, or for Recovery of any Penalty by this Act inflicted, who are and is hereby required to make and give fuch Order, from' time to time, for that Purpofe, as may be juft and reasonable. VII. And, for the better discovering and detecting any Offender or Offenders againft this Aft, Be it enacted by the Authority aforefaid, That upon an Information in Writing made upon Oath FP on Information given before any two or more of his Majefty's Juftices of the Peace for the refpective County or Place 1 T n y. pon< ^, athb, ef " e *" {which Information fliall be figned by the Party or Parties making, the fame) that there is good rants'may begranted-: Ground and Reafon to fufpect that fuch Ribbands, Laces or Girdles as aforefaid, have been s imported into this Kingdom, and are concealed by, or are in the PofTeffion or Cuftody of any Retailer or Seller of any Kind of Ribbands, Laces or Girdles, contrary to the true Intent of this Act, it fliall and may be lawful for fuch Juftices refpectively, to iffue their Warrant or Warrants- to any Conftable or Conftables, or other Peace Officer or Officers,- within the faid County or Place, impowering him or them to fearch, in the Day-time, the Houfe or Houfes, Out-houfe or Out-houfes, Warehoufes, Shops, Cellars, Rooms, and other Places, belonging to, or hired, em- ployed, or made ufe of, by fuch Retailer or Seller who fhall be fufpected to conceal or have in his, her or their PofTeffion or Cuftody, any Ribbands, Laces or Girdles, not made or ma- nufactured within Great Britain, and if any fuch Ribbands, Laces or Girdles, not being made and Seizure made oP or manufactured within Great Britain, fliall be. found, to feize and carry away the fame, fucl1 Goods as fliall-; for the Purpofe of carrying, this Act into Execution, and to difpofe thereof as is herein be- thereu l ,onte found *- fore directed, VIII.. And be it further enacted by the Authority aforefaid, That if any Action or Suit fliall be commenced againft any Perfon or Perfons for any thing done in purfuance of this Act, the Defendant or Defendants in fuch Action or Suit may plead the General Iffue, and give this General Iffue- Act and the Special Matter in Evidence, at any Trial to be had thereupon, arid that the fame was done by the Authority of this Act ; and if it fliall appear to have been fo done, then the Jury fhall find for the Defendant or Defendants ; and if the Plaintiff fhall be nonfuited, or difcontinue his Action, after the Defendant or Defendants fhall have appeared ; or if Judg- ment fliall be given upon any Verdict or Demurrer againft the Plaintiff, the Defendant or De- fendants fliall recover Treble Cofts,. and have the like Remedy for the fame, as Defendants have Treble- Coftj, in other Cafes by Law. IX.- Provided