Page:Ruffhead - The Statutes at Large - vol 9.djvu/210

 1 lecling to take the faid Oath, or for wittingly neglecting to do their Duty accordingly, as are men- tioned and expreffed in the faid recited Act made in the feventh and eighth Year of the Reign of King 160 C. 15. Anno quarto Georgii III. A. D. 1763. zure; or guilty of other be defrauded in his or their Duties, or whereby any Goods prohibited fhall be fuffcred to pafs either Fraud in his Office j inwards or outwards, or whereby the Forfeitures and Penalties inflicted by this or any other Act of Parliament relating to his Majefty's Cuftoms in America may be evaded; every fuch Officer therein forrdts 500 1. and is offending fhall, for each and every Offence, forfeit the Sum of five hundred Pounds, and be rendered 6 * j n V • ■ incapable of fervinp- his Majcfty in any Office or Employment Civil or Military : And if any Perfon And Perfons giving, or u ' r, - => „ „ ■>. "re 3 ■/■ * ■ tj i r> r> y i « promifinf, any Bribe, or 1 erions whatloever (hall give, offer, or promile to give, any ijnbe, Kecompence, or Reward, to &e. to fuch officer, in any Officer <,f the Cuftoms, to do, conceal, or connive at, any Act, whereby any of the Provifions order to betray ins Truir, made by this or any other Act of Parliament relating to his Majefty's Cuftoms in America may be evaded or broken, every fuch Perfon or Perfons fhall, for each and every fuch Offence (whether ihc forfeit 50 1. lame Offer, Propofal, or Promife, be accepted or performed, or not.) forfeit the Sum of fifty Pounds, cbufc in Aft 7 & S W. ' XXXIX. And whereas bjr an Act of Parliament made in the feventh and eighth Year of the 3 ' "' ' Reign of King William the Third, intituled, An Acl for preventing Frauds, and regulating Abufes, ' in the Plantation Trade, all Governors or Commanders in Chief of any of his Majefty's Colonics or ' Plantations, are required to take a folemn Oath, to do their utmoft that all the Claufes, Matters, ' and Things, contained in that Act, and feveral other Ads of Parliament therein referred to, re- ' lating to the faid Colonies and Plantations, be punctually and bona fide obferved, according to the ' true Intent and Meaning thereof: And whereas divers other good Laws have been fince made, ' for the better regulating and fecuring the Plantation Trade :' Be it further enacted by the Autho- Governors, or Camman- r ity aforefaid, That all the prefent Governors or Commanders in Chief of any Britijh Colony or B ' S 'iic h i ief "° f Sh -e t ^ antat ' on fhall, before the twenty-ninth Day of September one thoufand feven hundred and fi'xty- t=he an Oath for the four, and all who hereafter fhall be made Governors or Commanders in Chief of the faid Colonies or due Execution of their Plantations, or any of them, before their Entrance into their Government, fhall take a folemn Duty in this and ail Oath, to do their utmoft that all the Claufes, Matters and Things, contained in any Act of Par- other Afisreiaung to ] lament heretofore made, and now in Force, relating to the faid Colonies and Plantations, and that the ai oomes, c. a jj ajl( j every ^e C] au fe S contained in this prefent Act be punctually and bona fide obferved, accord- ing to the true Intent and Meaning thereof, fo far as appertains unto the faid Governors or Com- manders in Chief reflectively, under the like Penalties, Forfeitures, and Difabilities, either for neg- lie recited Act of 7 & William the Third; and the faid Oath, hereby required to be taken, fhall be adminiffered by fuch Perfon or Perfons as hath or have been, or fhall be, appointed to adminifter the Oath required to be taken by the faid Act made in the feventh and eighth Year of the Reign of King William the Third. Penalties and Forfeitures XL. And be. it further enaded by the Authority aforefaid. That all Penalties and Forfeitures t"in where to be 3 reco- herein before mentioned, which fhall be incurred in Great Britain, fhall and may be profecuted, fued vered. f° r 5 arK ^ recovered, in any of his Majefty's Courts of Record at Wejlminjler, or in the Court of Ex- chequer in <SW/tf/7(/refpectively; and (all neceffary Charges for the Recovery thereof being firft de- and how to be divided dueled) fhall be divided and applied, one Moiety to and for the Ufe of his Majefty, his Heirs and d '' app ie " Succeffors, and the other Moiety to the Seizor or Profecutor. The Money granted by XL]. And it is hereby further enacted and declared, That from and after the twenty-ninth Day this Aft, and h& 25 of September one thoufand feven hundred and fixty-four, all Sums of Money granted and impofed by c.n^2. c.j. as Rates t h; s Act, and by an Act made in the the twenty-fifth Year of the Reign of King Charles the Second, intituled, An Aclfor the Encouragement of the Greenland and Eajlland Trades, and for the better fecur- and the Penalties and ing the Plantation Trade, as Rates or Duties; and alfo all Sums of Money impofed as Penalties or 'h'c'T" re - lating to . Forfeitures, by this or any other Act of Parliament relating to the Cuftoms which fliall be paid, in- Ire toVe^emed^ta-" ""^' or recovere d, in any of the Britijh Colonies or Plantations in America; fhall be deemed, and lirig Money of Great are hereby declared to be Sterling Money of Great Britain, and fhall be collected, recovered and Britain, paid, to the Amount of the Value which fuch nominal Sums bear in Great Britain; and that fuch at the Rate of 5 s. .6d. Monies fliall and may be received and taken according to the Proportion and Value of five Shillings per Ounce m Silver. anc j £ x p ence the Ounce in Silver; and that all the Forfeitures and Penalties inflicted by this or any other Act or Acts of Parliament relating to the Trade and Revenues of the faid Britijh Colonies or Penalties and Forfeitures Plantations in America, which fhall be incurred there, fhall and may be profecuted, fued for, and covered?n die Comt^of rec °vered, in any Court of Record, or in any Court of Admiralty, in the faid Colonies or Planta- Record there, tations where fuch Offence fliall be committed, or in any Court of Vice Admiralty which may or or Court of Vice Admi - fhall be appointed over all America (which Court of Admiralty or Vice Admiralty are hereby refpec- ral'yj tively authorized and required to proceed, hear, and determine the fame) at the Election of the Informer or Profecutor. wbe he all et Pr ° dUCe iS XLIL And!t is hereby further enatfed, That all Penalties and Forfeitures fo recovered there, e pal ' under this or any former Act of Parliament, fhall be divided, paid, and applied, as follows; that is One Third to the King, to fay, After deducting the Charges of Profecution from the Grofs Produce thereof, one third Part of the Net Produce fliall be paid into the Hands of the Collector of his Majefty's Cuftoms at the o th'dt th G Port or Place where fuch Penalties or Forfei u res fliall be recovered, for the Ufe of his Majefty, his nor andOne third to "Heirs and Succeffors; one third Part to the Governor or Commander in chief of the faid Colony 01 the'Profecutor. Plantation; and the other third Part to the Perfon who fhall feize, inform, and fue for the fame; But Seizures made at Sea excepting fuch Seizures as fhall be made at Sea by the Commanders or Officers of his Majefty's Ships fecutor 1