Page:Ruffhead - The Statutes at Large - vol 7.djvu/210

i6& C. 38. Anno vicefimo fecundo Ge ORG II II. A. D. 1749. VefTel, llgiiifyino; that fuch Mafter, Commander, Owner or other Perfon, or fome or one of them, or their- Agents, hath fully anfweied, paid and fatisficd all and every the Cuftoms and other Duties due and pay- able to his Majelly, for all fuch Coals, Culm and Cinders fo carried and exported into Foreign Parts be- yond the Seas as aforefaid, by fuch Ship or other VeiTel the laft preceding Voyage made by fuch Ship or Vef- fe! ; and in cafe any Officer or Officers of the Cultoms, or his Deputy, flialj, from and after the faid twenty- fourth Day of 'June one thoufand feven hundred and forty-nine, clear any Ship or VefTel outv/ards, or figa or grant any Warrant, Cocquet, Lett-pafs, Tranlire, Sufferance, Return, Difcharge or other Difpatch, whatfoever, either for the clearing fuch Ship or VefTel outwards, for a Foreign or Coafling Voyage, or for the loading or laying on Board thereon any Goods or Merchandizes whatfoever, or (hall permit or fuffcr anyl fuch Ship or VefTel to go out of any Port, TIarbour, Haven, Creek or other Place in Great Britain^ before the Cufloms and other Duties due f^or all the Coals, Culm or Cinders exported in her, the laft preceding Voyage fl;ie made, be fully paid and fatisfied to his Majefly, or until a Certificate of the Payment thereof at fome other Port, be produced in the A'lanner and Form herein before mentioned ; all and every luch Officer and Officers, or his or their refpeftive Deputy or Deputies, fo acJting contrary to the true Intent and Mean- Penalty 100 1, ing of this Aft, fliall, for every fuch Offence, forfeit and lofe the Sum of one hundred Pounds lo his Ma- jeffy, his Heirs and Succeflbrs, to be recovered by Bill, Plaint or Information, in any of his Majefly's Courts of Record ztTVeJimin/ier, or in the Court of Exchequer at Edinburgh refpedively, wherein no Eilbin, Pro- teclion. Wager of Law, or more than one Imparlance fhall be allowed. Limitation of H- And be it further enafted by the Authority aforefaid. That if any Aftion or Suit fnall be com- Aftions. menced againft any Perfon or Perfons for any thing done in purfuance of this Acl, the Defendant or Defen- Gcneral Iffue. dants in fuch Aftion or Suit may plead the General IfTue, and give this Aft, and the Special ?»'Iatter in Evi- dence at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this Aft ; and if it fhall appear fo to have been done, then the Jury fliall find for the Defendant or Defen- dants : and if the PlaintifF fliall be nonfuited, or difcontinue his Aftion after the Defendant fhall hae ap- peared, or if Judgment fhall be given upon any Verdift or Demurrer againfl the Plaintiff, the Defendant or Treble Cofls. Defendants fhall and may recover treble Cofts, and have the like Remedy for the fame, as Defendants have in other Cafes by Law. Penalty on Ma- III. And be it further enafted by the Authority aforefaid, That from and after the faid twenty- fourth fltrs of Ships, J3ay of June one thoufand feven hundred and forty-nine, if any Mafter, Commander or other Perfon, ta-=- ^'■■'"^"<=°" '^"■^j king Charge or Care of any Ship or other Veflel whatfoever, whereon Coals, Culm and Cinders fliall be la- fc 10 be den" in any Port, Flarbour, Haven, Creek or other Place in Great Britain, in order to be carried Coaftwife '"' "'d Coaft- to fome other Port or Place within the Realm, or having given Bond accordingly, fhall proceed with his k, proceed- faid Loading of Coals, Culm or Cinders^ to Parts beyond Seas, and there unlade, deliver and difpofe of the] ^ with the fame, or any Part thereof, not being compelled thereto by Strefs of Weather, or other lawful Neceffity ; ' fame beyond the ^jj ^^^ every fuch Mafters, Commander or other Perfon, taking Charge or Care of fuch Ship or VefTel, Ccm'ernin Coals fhall, for every fuch Offence, forfeit and pay for every Chaldron of Coals, Culm or Cinders fb exported, jeTfanhfr zT, Unladen, delivered and difpofed of, contrary to the Tenor and true Meaning of this Aft, the Sum of five Geo. 2. c. 26. Shillings, over and above all Duties payable to his Majefly, his Heirs and SuccefTors, for or in refpeft of 30 e™. a. r. 19. the fame, to be recovered by Aftion of Debt, Bill, Plaint or Information, in any of his Majefty's Courts jiGra. z. c. 15. Qj: Rg^ord at JFeJhnirifter, or in the Court of Exchequer at Edinburgh refpeftively, wherein no ElToin, Pro- "^T Gra 2" c" u' tfi^iion. Wager of Law, or more than one Imparlance, fhall be allowed ; one Moiety of which Forfeiture Ihall be to the Ufe of his Majefty, his Heirs and SuccefTors, and the other Moiety to the Ufe of flich Per- fon or Perfons as fhall inform or fue for the fame. CAP. XXXVIII. An A 61 to prevent the Mifchlefs which may happen by keeping too great Qiiantlties of Giin^ powder in any one Place, or carrying too great Quantities of Gunpowder together from or Place to another. iCi rar. T.r. II. e "f "XT HERE AS great Quantities of Gunpowder are frequently lodged in Warehoufes, or other Edi-_ ^r' 1' c'ii. ' ' ' fices, within and near to Cities and Market Towns, to the apparent Danger of the Lives and For-1 u/cra. i.'c 13. ' tunes of many thoufands of his Majefty's Subjefts:' Therefore, for preventing the Mifchiefs which majf 4 Geo. a. f. 29. happen by keeping too great Qiiantities of Gunpowder in any one Place, or carrying too great Qiiantities ol 15 Get. 2. 1-. 32. Gunpowder together from one Place to another. Be it enafted by the King's mofl Excellent iMajelly, by ana with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prcfent Parlia^ No Pcrfnn to ment afTemblcd, and by the Authority of the fame. That from and after the twenty-fourth Day of yuna keep for more one thoufand feven hundred and forty-nine, it fliall not be lawful for any Perfon or Perfons to have or keep! tl^.na+Hours, Qunpowder for more than the Space of twenty-four Hours at any one Time, in greater Qiiantity than foufi we"pht'of°Gun- hundred Pounds AVeight, in any Houfe, Storehoufe, "Warehoufe, Shop, Cellar or other Place in any CicyJ powder near any or the Suburbs thereof, or in any Market Town, or within one hundred Yards Diftance thereof, withiM City, &c. that Part of Great Britain called England., or within two Miles of any of the King's Palaces or Houfes oi nnr above 3000 Refidence, or v/ithin one Mile of any of the King's Magazines for keeping Gunpowder; nor fhall it b^ weight in any lawful for any Pel fon or Perfons to have or keep, for more than the Space of twenty-four Hours at any one fUce, Time, a greater Quantity than thirty hundred Pounds Weight of Gunpowder in any Houfe, StorchoufeJ Warehoufe, Shop, Cellar or Vault, or in any other Place whatfoever, within that Part of Great Britain called England., except as hereafter is excepted. ; 2 jufticcson H. And be it further enafted by the Authority aforefaid. That from and after the faid twenty fourth Dajl '^')-'n!nffi°'^ of June one thoufand feven hundred and forty-nine, it fhall and may be lawful for any two or more Juftices or'a Hou(hoia-' ^^ ^^ Peace of the County, Riding, Divifion., City, Town or Place, wherein any Perfon or Perfons maJ 3 . kinf