Page:Ruffhead - The Statutes at Large - vol 3.djvu/140

92 C3. Anno vicelimo primo Jacobi I. A. D. 162 j^ The Party recover treble Damages and double CoftB. to have, ufe, exerc'ife or put in Ure any Monopoly, or any fuch Commiffion, Grant, Licence, Charter,. Letters Patents, Proclamation, Inhibition, Reftraint, Warrant of Affiftance, or other Matter or Thing tending as aforefaid, or any Liberty, Power or Faculty, grounded or pretended to be grounded upon them or any of them. IV. And be it further ena(5ted by the Authority aforefaid, That if any Perfon or Perfons at any Time 8f i"'='i ^i?'^' after the End of forty Days next after the End of this prefent Seffion of Parliament, {hall be hindred, Hy° &C fhau" grieved, difturbed or difquieted, or his or their Goods or Chattels any Way feized, attached, diftrained, ■ ■ taken, carried away or detained, by Occafion or Pretext of any Monopoly, or of any fuch Commiffion,. Grant, Licence, Power, Liberty, Faculty, Letters Patents, Proclamation, Inhibition, Refixaint, Warrant of Affiftance, or other Matter or Thing tending as aforefaid, and will fue to be relieved in or for any of the Premifles ; That then and in every fuch Caie, the fame Perfon and Perfons fhall and may have his and their Remedy for the fame at the Common Law, by any Adion or Aftions to be grounded upon this Statute ; the fame Adlion and Adtions to be heard and determined in the Courts of King's Bench, Com- mon Pleas and Exchequer or in any of them, againft him or them by ,whom he or thw (hall be fo hin- dred, grieved, difturbed or difquieted, or againft him or them by whom his or their Goods or Chattels fhall be fo feized, attached, diftrained, taken, carried away or detained; (2) wherein all and every fuch Perfon and Perfons which Ihall be fo hindred, grieved, difturbed or difquieted, or whofe Goods or Chat- tels fhall be fo feized, attached, diftrained, taken, carried away or detained, fhall recover three Times fo much as the Damages which he or they fuftained by Means or Occafion of being fo hindred, grieved, di- fturbed or difquieted, or by Means of having his or their Goods or Chattels feized, attached, diftrained, taken, carried away or detained, and double Cofts ; (3) and in fuch Suits, or for the Staying or Delay- ing thereof, no EfToin, Prote<flion, Wager of Law, Aid Prayer, Privilege, Injuntftion or Order of Re- ftraint, fhall be in any wife prayed, granted, admitted or allowed, nor any more than one Imparlance : Hethatdelayeth (4) And if any Perfon or Perfons fhall, after Notice given, that the Adion depending is grounded upon an Aftion this Statute, caufe or procure any Aftion at the Common Law, grounded upon this Stetute, to be ftayed grounded upon qj. delayed before Judgment, by Colour or Means of any Order, Warrant, Power or Authority,^ fave only of the Court wherein fuch Adion as aforefaid fhall be brought and depending, or after Judgment had upon fuch Adlion, fhall caufe.or procure the Execution of or upon any fuch Judgment to be ftayed or delayed by Colour or Means of any Order, Warrant, Power or Authority, fave only by Writ of Error or Attaint ; That then the faid Perfon and Perfons fo offending fhall incur and fuftain the Pains, Penal- ties and Forfeitures, ordained and provided by the Statute of Provifion and Pramunire made in the fix- teenth Year of the Reign of King Richard the Second. V. Provided neverthelefs, and be it declared and enacted. That any Declaration before mentioned fhall not extend to any Letters Patents and Grants of Privilege for the Term of one and twenty Years or under, heretofore made, of the fole Working or Making of any Manner of new Manufaifhire within this Realm, to the firft and true Inventor or Inventors of fuch Manufadhires, which others at the Time of the Making of fuch Letters Patents and Grants did not ufe, fo.they be not contrary to the Law, nor mif- chievous to the State, by Railing of the Prices of Commodities at home, or hurt of Trade, or generally inconvenient, but that the fame fhall be of fuch Force as they were or fliould be, if this Adl had not been made, and of none other : (2) And if the fame were made for more than one and twenty Years, That then the fame for the Term of one and twenty Years only, icrht accounted from the Date of the firflr Letters Patents and Grants thereof made, fhall be of fuch Force as they were or fhould have been, if the fame had been made but for Term of one and twenty Years only, and as if this Aft had never been had or made, and of none other, VI. Provided alfo, and be it declared and enafted. That any Declaration before mentioned fhall not extend to any Lette-is Patents and Grants of Privilege for the Term of fourteen Years or under, hereafter to be made, of the lole Working or Making of any Manner of new Manufactures vnthin this Realm, to the true and firft Inventor and Inventors of fuch Manufadures, which others at the Time of Making fuch Letters Patents and Grants fhall not ufe, fo as alfo they be not contrary to the Law, nor mifchievous to the State, by raffing Prices of Commodities at home, or Hurt of Trade, or generally inconvenient : The faid fourteen Years to be accounted from the Date of the firft Letters Patents, or Grant of fuch Privilege hereafter to be made, but that the fame fliall be of fuch Force as they fhould be, if this A€t had never been made, and of none other. VII. Provided alfo, and it is hereby further intended, declared and enaded by Authority aforefaid. That this Adt or any Thing therein contained fhall not in any wife extend, or be prejudical to any Grant or Privilege, Power or Authority whatfoever heretofore made, granted allowed or confirmed by any A<ft of Parliament now in force, fo long as the fame fhall fo continue in Force. VIII. Provided alfo. That this A<ft fhall not extend to any Wartant or Privy Seal, made or direfted or to be made or direcfted by his Majefly, his Heirs or SuccefTors, to the Juftices of the Courts of the King's Bench or Common Pleas, and Barons of the Exchequer, Juftices of Affize, Juftices of Oyer and Terminer and Gaol-delivery, Juftices of the Peace, and other Juftices for the Time being, having Power to hear and determine Offences done againft any Penal Statute, to compound for the Forfeitures of any Penal Statute, depending in Suit and Queftion before them or any of them refpedively, after Plea pleaded by the Party Defendant. Carters granted IX. Provided alfo, and it is hereby further Intended, declared and ena<5ted. That this Aft or any fave°!^°"°"^' T^"S therein contained ftiall not in any wife extend or be prejudicial unto the City oi London, or to any 3 Inft. 185. City, Borough or Town Corporate within this Realm, for or concerning any Grants, Charters or Letters Patents, to them or any of them made or granted, or for or concerning any Cuftom or Cuftoms ufed by or within them or any of them ; (2 j or unto any Corporations, Companies or Fellowfhips of any Art, Trade, Oc- this Statute in curs a Pramu- nire. l6R.a. c. 5. Letters Patents to ufe new Ma- nufactures, iaved. Warrant.? grant- ed to Juilices, laved.