Page:Ruffhead - The Statutes at Large - vol 9.djvu/104

54 Provided always nevertheless, and it is hereby enacted, That in every such Action, it shall and may be lawful for the Defendant or Defendants, by Leave of the Court where such Action shall be depending, at any Time before issue joined, to pay into Court such Sum of Money as he or they shall see fit, as Amends for the Matter or Cause complained of in such. Action; whereupon such Proceedings, Orders and Judgments shall and may be had, made and given, in and by such Court, as in other Actions where the Defendant is allowed to pay Money into Court.

And be it further enacted by the Authority aforesaid, That if any Ribbands, Laces or Girdles, wrought of Silk alone, or of Silk mixed with any other Materials, shall be seized byvirtue and in purfuance of this Act, and any Doubt or Question shall afterwards arise, where the said Ribbands, Laces or Girdles, fo wrought as aforesaid, were manufactured, the Proof shall lie upon such Person or Persons, being a Vender or Venders, Retailer or Retailers, of any Kind of Ribbands, Laces or Girdles respectively, in whose Custody or Possession the same were found, and not upon the Prosecutor or Prosecutors, Plaintiff or Plaintiffs; and in case no such Proof shall be given, that such Ribbands, Laces and Girdles, were manufactured within Great Britain, then the same shall, without any further Proceeding, be taken and held to have been manufactured out of Great Britain, and contrary to, and in Violation of, this Act; any Law or Custom to the contrary notwithstanding.

Provided always, and it is hereby declared, That if any such Person or Persons, in whose Custody or Possession any such Ribbands, Laces or Girdles as aforefaid, shall be seized by virtue and in pursuance of this Act (such Person or Persons not importing or concealing the same) shall discover, upon Oath, before any one or more Justice or Justices of the Peace, the Person or Persons who sold such Ribbands, Laces or Girdles, to such Person or Persons, in whose Custody or Possession the same shall be seized, so as that such Person or Persons so selling the same shall or may be prosecuted add convicted according to the Intent of this Act, as the Seller thereof, in case the same shall be, or be taken and held to be, within the Intent and Meaning of this Act, manufactured out of Great Britain; such Person or Persons so discovering as aforesaid, shall be, and is and are hereby freed and discharged of and from all and every Penalties and Forfeitures by this Act inflicted, upon all and every Person and Persons being a Vender or Venders, a Retailer or Retailers, having in their Custody or Possession, any such Ribbands, Laces or Girdles as aforesaid, not made or manufactured in Great Britain, and of and from any Proof that such Ribbands, Laces or Girdles, so seized as aforesaid, are manufactured in Great Britain.

Provided also, and it is hereby further enacted by the Authority aforefsid, That nothing in this Act contained shall extend, or be in any wise construed to extend, to subject any Person or Persons whatsoever, who shall wear or make use of such Ribbands, Laces or Girdles, as aforesaid, as Part of his, her or their Apparel or Dress only, to any Forfeiture, or to any pecuniary Penalty or Penalties inflicted by this Act, or to any Proof that such Ribbands, Laces or Girdles are manufactured within Great Britain.

HEREAS by an Act passed in the twelfth Year of the Reign of his late Majesty King George the First, intituled, An Act for the Improvement of his Majesty's Revenues of Customs, Excise, and Inland Duties, the Commissioners of those Revenues are respectively impowered and directed to cause all Tea, Coffee, Foreign Brandy, Rum or other Foreign exciseable Liquors, which shall be seized by any Officers of the Custorms or Excise, after Condemnation, to be publickly sold to the best Bidder, at such Places as the said Commissioners shall think proper; and to allow the Officers making such Seizures, for their Encouragement, one third Part of the full Sum arising from the publick Sale of all such Tea, Coffee, Foreign Brandy, Rum or other exciseable Liquors, free from all Charges of Condemnation and Sale; and to cause the remaining Part of the Produce of such Sales, after paying the Reward to the Officer, and the Charges of Condemnation and Sale for such Seizures, to be paid into the Receipt of his Majesty's Exchequer, in Lieu of his Majesty's Moiety, as was then practised: And whereas by several subsequent Acts of Parliament, one Moiety of all Fines, Penalties and Forfeitures, imposed by any Act relating to the Duties of Excise, or any other Duty under the Management of the Commissioners of that Revenue, is given to his Majesty, his Heirs and Successors, and the other Moiety to him or them who shall discover, inform, or sue for the same; in pursuance of which Laws the Officers of Excise seizing any of the Commodities herein before enumerated, have been allowed a Moiety thereof; but the Provisions in those subsequent Laws, not extending to such Seizures when made by Officers of the Customs, they have hitherto been allowed only one Third of the Produce thereof, pursuant to the Directions of the before-recited Act of the twelfth of George the First; and whereas the Power given by the said recited Act to the respective Commissioners