Page:Ruffhead - The Statutes at Large - vol 7.djvu/517

4 A. D. 1753. Anno vicefimo fexto Georgii II. C. 22. 497 VI. And be it further enafted by the Authority aforefaid, That all pecuniary Penalties and Forfeitures Pecuniary i'cn.ii. by this A£t impofed, fhall and may be fued for and recovered in any of his Majefty's Courts of Record at ties liowto be JVeJbninJler, or in the Court of Exchequer at Edinburgh refpeftively, by AiStion, Bill, Plaint or Informa- recovered, tion, in the Name of his Maj€ity's Attorney General, or in the Name of his Majefty's Advocate in ■S«/- One Moiety to hnd^ or in the Name or Names of fome Officer or Officers of the Cuftoms ; and that one Moiety of every J^^^ ^^"^"V .^^1 fuch Penalty and Forfeiture fhall be to his Majefty, his Heirs and SuccefTors, and the other Moiety thereofj^cg"^^,^ j|,^n" to the Officer or Officers of the Cuftoms who fhall inform and profecnte for the fame. p-.ofccute. VII. Provided always, and it is hereby further enafted, That if any Offi.cer or Officers of the Guftoms officer negka^ fliall negieft or refufe, for the Space of one Month, to profecute to Effect any Perfon or Perfons for any ing to proiecure pecuniary Penalty or Forfeiture by this Aft inflicted upon Offenders againft the fame, that then it fhall be f° "le Month, 1 iwful for any Perfon or Perfons whomfoever to fue for, profecute and recover the refpeftive pecuniary ^^^."jll^"^"^ "'*"' Penalties and Forfeitures by this A£l: inflidled, in like manner as is herein before diredted with regard to the Officers of the Cuftoms ; and one Moiety of the faid refpeftive Forfeitures, when recovered, fhall in fuch Cafe go and be applied to the Ufe of his Majefty, his Heirs and Succeffors, and the other Moiety to the Perfon or Perfons who fhall fue or profecute for the fame refpe£livtly. VIII. And be it further enacted by the Authority aforefaid, That upon every Adion, Bill, Plaint or a Capias to iffte Information entered and filed as aforefaid, for any pecuniary Penalty impofed by this AiSl, a Capias in the "P™ '"^ =" firft Procefs fhall and may ifTue, fpecifying the Sum of the Penalty fued for ; and the Defendant or De- ,gat;oJJ_°' fendants fhall be obliged to give fufficient Bail or Security by natural-born SubjecSts, Perfons naturalized or Denizens, to the Perfon or Perfons to w.iom fuch Capias fhall be direfted, to appear in the Courts out of Defendant t» which fuch Capias fhall Ifl'ue at the Day of the Return of fuch Writ, to anfwer fuch Suit or Profecution ; S'"^ ^^'^■ and fhall likewife, at the Time of fuch Appearance, give fufficient Bail or Security by fuch Perfons as aforefaid in the faid Court, to anfwer and pay all the Forfeitures and Penalties incurred for fuch Offence or Offences, in cafe he, fhe or they fhall be convidled thereof, or to yield his, her or their Body or Bodies to Prifon. IX. And be it further enatSfed by the Authority aforefaid. That if any A£lion or Suit fhall be com- menced againft any Perfon or Perfons for any Thing done in purfuance of this Adf, the Defendant or De- fendants in fuch Aftion or Suit may plead the General lifue, and give this A6f, and the Special Matter in General IiTue. Evidence, at any Trial to be had thereupon ; and that the fame was done in purl'uance, and by Authority of this Acf : And if it fhall appear fo to have been done, then the Jury fliall find for the Defendant or Defendants ; and if the Plaintiff^ fhall be nonfuited, or dil'continuc his Action, after the Defendant or De- fendants fhall have appeared ; or if Judgment fhall be given upon any Verdict or Demurrer againft the Plaintiff; the Defendant or Defendants fhall recover treble Cofts, and have the like Remedy for the fame T'cb!e Cods, as Defendants have in other Cafes by Law. X. And be it further enadted by the Authority aforefaid. That if any Velvets, wrought Silks, or Silks P'™fv,hereilie mixed as aforefaid, fhall be feized by virtue and in purfuance of this Aiit, and any Doubt or Queftion fhall ^°?'|!"'"°'" arife, where the faid Velvets, wrought Silks, or Silks mixed as aforefaid, were manufactured, the Proofj.j „„ ^■^l fhall lie Upon the Owne-r or Claimcr thereof, and not upon the Frol'ecutor ; any Law, Ufage orCuftom tocijimer. the contrary notwithftandiiig. Sajartbir 30 Cci. z. c, 17. CAP. XXII. An A61 for the Ptirchafe of the Mufeiim, or Colleftion of Sir Hajis Shane, .^nd of the Har- leian Collection of Manufcripts -, and for providing one Central Repofitory for the better Reception and more convenient Ufe of the faid CoIlcLlions; and of the Cottonian Library^ and of the Additions thereto. W HEREAS Sir Hans Sloane of Chelfea in the County of Middle/ex Baronet, having, through the Will of Sir . . Courfe of many Years, with great Labour and Expence gathered together whatever could be pro- ^^^"^ i><:>^e. cured either in our own or foreign Countries, that was rare and curious, did, by a Codicil bearing Date the twentieth Dzy of July in the Year of our Lord one thoufand feven hundred and forty-nine, and annexed to his laft Will and Teftament, aftr having expreffed his Wijl and Defire that his Collection, in all its Branches, might be, if it were poffible, kept and preferved together Whole and Intire, m his Manor Houfe in the Parifh of Chelfea, give, devife and bequeath, to certain 7>uftces therem named, all tnat his Colle6tion or Miijeum, at, in or about his faid Manor Houfe, confifting of all his Library of Books, Drawings, Manufcripts, Prints, Medals and Coins ancient and modern. Antiquities, Seals^ Cameas and Intaglios, precious Stones, Agates, Jafpers, Veffels of Agate and Jafper, ChryftaJs, -Mathe- matical Inftruments, Drawings, and Pidures, and all other Things in the faid Colledf ion or Mufeum, more particularly defcribed and numberf d, with fhort Hlftories or Accounts of thctri, with proper Re- ferences, in certain Catalogues by him made, containing thirty-eight Volumes in Folio, and eight Volumes in Quarto, (except fuch Pidtures as are not marked with the Word Colledionj to have and to hold to them and their Succeffors and Affigns for ever, for fuch Purpofes, and with inch Powers, and under fuch Reftriaions, as in the faid Codicil are expreflld ; willing and defuing thereby, that the faid Truftees, or any feven or more of them, fhould make their humble Application to his Majefty, or to Parliament, at the next Seffion after his Deceafe, as fhould be thought moft proper, in order to pay the full and clear Sum of twenty thoufand Pounds, of lawful Money oi Great Britain, unto his Executors, or the Survivors of them, within twelve Months after his Deceafe, in Confidcration of the fanl Collection Vol. VII. 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