Page:Ruffhead - The Statutes at Large - vol 6.djvu/181

This page needs to be proofread.

A. D. 1733.- Anno fexto Georgii II. C. I4. Jig arid one Shilling per Hundred, payable by two former Acts of Parliament, one of them made in the ninth and tenth Years of the Reign of his late Majefty King William the Third, and the other in 9 & 10 W. 3. the fecond and third Years of the Reign of her late Majefty Queen Anne, the further Sum of two Shil- C ,'P' A lings j Oath or folemn Affirmation as aforefaid, being firft made by the Refiner, that the faid Sugar 10 ' C ' 9 ' exported, was produced from Brown and Mufcovado Sugar, and that as he verily believes, the fame was imported from fome of the Colonies or Plantations in America belonging to and in the Poffeffion of the Crown of Great Britain, and that as he verily believes, the Duty of the laid Brown and Mufcovado Sugar was duly paid at the time of the Importation thereof, and that the fame was duly exported; his Majefty's Searcher alio certifying the Shipping thereof, and all other Requifites being duly performed, according to the Book of Rates. XI. And be it further enabled by the Authority aforefaid, That all Suits and Profecutions for Suits to he com- any Offence againft this Act mail be brought and commenced within two Years after fuch Offence mented in two committed. £"«" after of- XII. And for the better and more effectual carrying this Act into Execution, Be it further enacted, Charge of Pro- That the Expence of profecuting any Offence againft this Act (hall be paid and born, in the firft Place, fccutionHow to out of the Shares and Parts of the Penalties and Forfeitures hereby given and granted to his Majefty, be born ' his Heirs and Succeffors, upon any Seizure, Condemnation and Judgment to be had and obtained for or by reafon of any Fraud or Mifbehaviour againft the true Intent or Meaning of this Act. XIII. Provided neverthelefs, That nothing herein contained (hall extend or be conftrued to extend Sugars may be to hinder or reftrain the Importation of any Sugars, being of the Growth or Produce of any of the Do- imported from minions belonging to the King of Spain, or the King of Portugal, from any Part or Place from whence Po.fj'^f 1 £7 fuch Sugars might lawfully have been imported befose the making of this Act ; any Thing herein before Mttima,t% fort contained to the contrary thereof in any wife notwithstanding. mtriy. XIV And it is hereby declared and enacted, That this prefent Act (hall betaken to be a Publick J'ubi'ck Aft. Act, of which all Judges and Juftices (hall take Notice, without fpecially Pleading the fame; and the ^Geo""" 1 -T' fame (hall continue and be in Force for the Space of five Years, to be computed from the twenty- and fartherfy fourth Day of June one thoufand feven hundred and thirty-three, and to the end of the then next 1 Gco - 3- '• 9- Seffion of Parliament. Farther Provi- Jiom concerning Plantations^ 8 Geo. 2. c. 19. 12 Gco. 2. c. 30. 15 Geo. 2. c. 31 & 33. 24 Geo. 2. c. 51 & 53. 29 Geo. 2. c. 5 &P 35, 30 Geo. 2. c. t}. CAP. XIV. An Aft for the more effectual preventing frivolous and vexatious Arrefts, and for the more eafy Recovery of Debts and Damages, in the Courts of Great Seffions in the Principality of Wales, and in the Court of Affize in the County Palatine of Cbefler, and for the ob- viating a Doubt which has arifen upon an Act made in the fourth Year of his prefent Ma- jefty's Reign, intituled, An Atl that all Proceedings in Courts of Juflice, ■within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, fhall be in the Eng- ■ lifh Language, fo far as the fame Act doth or may relate to the Courts of Juftice holden- within the faid Principality, and for explaining and amending the faid Act. HE RE AS in and : by an Act made in the fifth Year of his prefent Majefty's Reign, inti- 5 Geo. 2. c-7,. tuled, An Ail to explain, amend and render more effectual an ASt made in the twelfth Tiarofthe l7 .Q. ea ,n.z.3.a :r ' Reign of his late Majefty King George the Firft, intituled, An Act to prevent vexatious Arrefts, it is [inter alia) enacted, That where the Caufe of Action fhould not amount to the Sum of ten Pounds ' or upwards, in any fuperior Court, :r.e Writ, Procefs, Declaration and all other Proceedings (hould

  • be in the' 'Englijh Tongue, and written in Words at length, in a common legible Hand and Cha-

' rafter, and the' Defendant or Defendants in fuch Cafes (a Copy of fuch Process in Englifl) having ' been ferved, as by the (aid Act is directed) (hall appear at the Return thereof, or within eight Davs ' after fuch Return : And whereas the Courts of Great St (lions, in the Principality of Jf1:ks. 3iid the ' Court of Affize in the County Palatine of Chejler, are held only for and during the Space of fix Days, Therefore for the more effedtual and fpeedy Deteimmaricn of all Actions perfonal, to be commenced' in the faid Courts of Great Seffions, and the faid Court of Afiize reflectively, where the Debt or Da- mages exprefied in the faid Procefs, or declared for, do not amount to the Sum of ten Pounds, Be it enacted therefore by the King's moft Excellent Majefty, by and with the Advice and Confent cf the Lords Spiritual and Temporal, and Commons, in this prefent Parliament sfTembled, and by the Au- thority of the feme, That in all fuch perfonal Actions where the Debt or Damages, as aforefaid, IhaU Inpertonal-Aes not amount to the Sum of ten Pounds, to be commenced in the faid Courts of Great Seffions and Al- i^tbecwtsoii ii/.e, and where the Plaintiff or Plaintiffs, in fuch Action or Auctions, fhall fue out an. original Writ or Great Seffions, Procefs, and ferve the Defendant or Defendants with a true Copy thereof, by a literate Perfon, at lead ^ on origin**- tight Days before the Commencement of the faid Courts of Great Seffions and Affize refpectively, and J^"'*". (hall caufe on every Copy of fuch Procefs -to be written the Notice in the faid Ail fpecified and directed, the Defendant or Defendants in fuch Cafes (hall appear at the Return of fuch original Writ or Procefs, and Defendant's. 6r at or before the third Court to be held in the fame refpective Courts of Great Seffions and Affize, Nonappearance; and in cafe the faid Defendant or Defendants (hall not appear at the Return of the faid original Writ^^ ild " or Procefs, or at or before the faid third Court, that then it fhall and may be lawful to and for the Plaintiff or Plaintiffs, or his or their Attorney, upon Affidavit being made and filed in the proper Courts