Page:Ruffhead - The Statutes at Large - vol 5.djvu/626

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C. 2.8. Anno duodecimo Georgii Regis. A, D. 1725. Henrietta Bridget Afh- burnham, not- withstanding her Minority, may convey her Eftate therein. Perfons in Pri- fon ca Informa- tion relating to the Cuftoms, Excife or Salt, not pleading by the Space of one Term, Judg- ment to be cn- tred by Default, and Execution awarded againft Body and Eitite, No Information to be filed for Recove y of any Penally by the Laws of the Cuftems, &c. unlels cntred in the .Attorney General's N.. me, or of iome Officer. Centering Cvfioms. fee for- th r l Geo 2. fiat. 1. c. 17. 9 Cm. z. c. 3;. S5 Gcc, 2, c. 31 think fitting; and that upon the executing of fuch Contracts or Agreements by or on the Behalf of the Lid Earl, his Tenants, the'faid Henrietta Bridget AJhburnham, or fuch other Perfon or Perfons claiming or to claim under him, or any of his Anceftors as aforefaid, or upon executing fuch other Conveyances, Af- fjgnments, Releafes or Surrenders, as in fuch Contract or Contracts {hall be agreed on for that Purpofe, it fhall and may be lawful to and for the faid Commiffioners of the Treafury now or for the Time being, or any three or more of them, or the Lord High Treafurer for the Time being, and they are hereby impowered by and out of any Monies arifen or to arife to his Majefty, his Heirs or Succeffors, of or for any Cuftoms, Subfidies, Impofitions, or other Duties upon the Importation or Exportation of any Goods or Merchandizes whatfoever already granted or payable, or hereafter to be granted or payable to his Majefty, his Heirs or Succeffors, in Great Britain, Wales ox Berwick upon Tweed, to order and direct the Payment of fuch Sum or Sums of Money, from Time to Time, as fliall be fo contracted or agreed on for fuch Purchafe or Pur- chafes, to fuch Perfon or Perfons as, according to the Terms of fuch Contracts or Agreements, fhail be en- titled to have and receive the fame. XXVI. And it is hereby further enacted and declared by the Authority aforefaid, That it fhall and may- be lawful to and for the faid Henrietta Bridget AJhburnham^ notwithstanding her Minority, by and with the Confent of the faid John Lord AJhburnham her Father, and the faid Bryan Fairfax, or the Survivor of them,. to convey and allure all her Eftate and Intereft in the IJle of Man, and Premises aforefaid, or any Part there- of, purfuant to any Contrail or Agreement, which fhall be made by Virtue of the Powers in this Act gi- ven ; and fuch Conveyance or AlTurance fliall be good and effectual in Law, to all Intents and Purpofes, as-, if the faid Henrietta Bridget AJhburnham was of the full Age of one and twenty Years ; any Law, Cuftom or Ufage to the contrary thereof in any wife notwithstanding: And the Money to be paid as the Confidera- tion of fuch Conveyance, fliall be paid to fuch Perfon as the High Court of Chancery fhall direct, and when paid, fhall be laid out by the Direction of the faid Court of Chancery for the Benefit of the faid Henrietta Bridget AJhburnham, her Executors, Adminiftratcrs and Affigns. XXVII. And be it further enacted by the Authority aforefaid, That from and after the twenty-third Day of May one thoufand feven hundred and twenty-fix, if any Perfon or Perfons that now is or are, or fhall be- in Prifon for want of fufficient Bail (fuch Perfon or Perfons being taken by Capias or Capiases iffued out of his Majefty's Court of Exchequer, or any other his Majefty's Courts of Record at JVeJlmlnJler or Edinburgh) upon any Information or Informations exhibited in any of the faid Courts againft them or any of them, for having been aiding, affifting, or otherwife concerned in the unfhipping out of any Ship or Veffel, Ships or Veffels, Boat or Boats, with Intention to be laid on Land, any Sort of Goods or Merchandizes whatfoever,. liable to the Payment of any Duties whatfoever, either Cuftoms, Excife or Salt, or any Goods or Merchan- dizes prohibited to be imported into this Kingdom, or for having any fuch Goods or Merchandizes what- foever knowingly come to his or their Hands ; or upon any Information or Informations for Non-payment of Duties relating to the Cuftoms, Excife or Salt-Duty ; or upon any Information or Informations already exhibited, or to be exhibited in any of the faid Courts, in Relation to any Fraud or Frauds about any Draw- back or Certificate Goods or Merchandizes, or in Relation to any other Fraud or Frauds whatfoever, already committed or to be committed, in order to diminifh or leffen the Revenue of the Cuftoms, Excife or Salt- Duty, or upon any Penal Law or Statute whatfoever, relating to the faid Revenues ; and fhall refufe or ne- glect to appear or plead to any fuch Information or Informations to be delivered to fuch Perfon or Perfons, or to the Gaoler, Keeper or Turnkey of the Prifon or Prifons, at the Prifon or Prifons wherein fuch Per- fon or Perfons fliall be confined or imprifoned for any of the faid Offences, by the Space of one Term, Judgment fhall be entred againft him or them by Default ; and in cafe Judgment fhall be obtained againft

my fuch Perfon or Perfons by Default, Verdict, or otherwife, and fuch Perfon or Perfons fhall not pay the-

Sum recovered againft him or them for any of the faid Offences, Execution fhall be thereupon awarded and iffued, not only againft the Body or Bodies of fuch Perfon or Perfons fo in Prifon as aforefaid, but alfo. againft all the Real and Perfonal Eftate or Eftates of fuch Perfon or Perfons, though fuch Perfon or Perfons continue in Prifon for fuch Sum or Sums of Money fo to be recovered againft him or them ; any Law, Cuftom or Ufage to the contrary notwithftanding. ' XXVIII. And whereas great Quantities of prohibited Goods, and Goods liable to the Payment of ' Cuftoms, Excife or Salt-Duty, are by evil-difpofed Perfons fraudulently, landed in this Kingdom, and. ' Goods pretended to be fhipped outwards, entitled to a Drawback or Bounty, are frequently not fhipt, or. ' after the Shipping thereof relanded, whereby they become liable to feveral Penalties ; but knowing them- ' felves fubject to be profecuted for the faid Offences, and that their fraudulent Practices may in Time be. ' difcovered, do frequently, before any Difcovery can be made by the Officers of the Revenues, caufe In- ' formations to be entred and filed againft thcmfelves in fome of the Courts at IVeftmlnfter or Edinburgh, in ' the Name of fome Perfon or Perfons, on his, her, or their Behalf; and if no Difcovery be made of the 1 faid fraudulent Practices by the Officers of the Revenues, the faid Informations are never profecuted; but 4 in cafe the faid Frauds are difcovered by any Officer or Officers of the Revenues, who thereupon enter and ' file real Informations againft fuch Offender or Offenders, then either fome fecret Agreement or Agreements ' is or are made by fuch Offender or Offenders with fuch Perfon or Perfons, who have filed or exhibited ' fuch Informations on the Behalf of fuch Offender or Offenders, or elfe a Plea or Pleas of Priority of Suit ' is or are pleaded in Bar of fuch Real Informations profecuted by the Officers of the Revenues,, whereby ' the faid Offenders evade the feveral Penalties inflicted by Law, to the great Prejudice of the Crown, and

  • alfo to the Difcouragement of Real Profecutions :' For the Prevention of fuch fraudulent Practices, Be it

enacted by the Authority aforefaid, That from and after the twenty-third Day of May one thoufand (even hundred and twenty-fix, it fhall not be lawful for any Perfon or Perfons whatfoever, to enter, or caufe or procure to be entred, filed or profecuted, any Information or Informations in any of the faid Courts againft any Perfon or Perfons for the Recovery of any Penalty or Penalties inflicted by any of the Laws of the Cu- ftoms, iixcife, and the Duty upon Salt, unlefs the fame be entred, filed, and profecuted in the Name of his Majefty's Attorney General, or in the Name or Names of fome Officer or Officers of fome or one of the aforefaid