Page:Ruffhead - The Statutes at Large - vol 7.djvu/165

A. D. 174B. Anno vicefimo prlmo Georgii II. C. 31. 121 fuch Pnsjnitim to the ColkiStor or Chief OfHcer of the Cuftoms as aforefaid, fuch Perfon or Perfons fliall forfeit and lofe all fuch Indico, and double Irhe Value thereof. XIV. Provided always, Tliat if any Doubt or Difpute fhal! arife, whether any of the faid Indico, or Owner to prove any Part thereof fo to be exported, is of the Growth, ProducSl and Maimfadlure of the Britijh Plantations ": Growth, in America, or of Foreign Growth, ProduiS or Manufadlure, the Onus Prohandi fliall lie on the Owner or Claimer thereof, and not on the Informer or Profecutor; any Lawr, Cuifoni or Ufai^e to the contrary not- withftanding. XV. And be it enacted by the Authority aforefaid, That if any Governor, Lieutenant Governor, Col- Penalty of leflor or Comptroller of the Cuftoms, Naval Officer, Merchant, Trader or Faftor, or Mafter or Com- granting falft mander of any Ship or Veffel, or any other Perfon or Perfons, fhall during the Continuance of this Aft, Certificates, falfly make a Certificate of the Produce and Manufafture of any Indico, not being the Produce and Manu- facture of the Britijh Plantations in America, or {hall counterfeit any fuch Certificate as herein before is di- refted to be made, in order to obtain the Prccmium hereby granted for Indico made in the Briiijh Planta- tions in America, all and every fuch Perfon and Perfons fhall forfeit the Sum of two hundred Pounds ; and if fuch Perfon or Perfons fo offending, fhall be a Colledor, Comptroller or Naval Officer, or any other Of- ficer of the Cuftoms, he fhall alio forfeit and lofe his Office, and be incapable of ferving his Majefty, his Heirs and Succeffors. XVI. And be it further enafted by the Authority aforefaid. That the feveral Penalties and Forfeitures by Penalties how this Aft inflifted, fhall and may be profecuted, determined and recovered by Bill, Plaint or Information, in '" 1"^ 'ecovered, any of his Majefty 's Courts of Record at Wejlminjler, or in the Court of Exchequer in Scotland, or in any of the Courts of Admiralty in his Majefly's Plantations in America refpeftively, wherein no Eflbin, Pro- teftion, Wager of Law, or more than one Imparlance fhall be allowed. XVII. And be it further enafteS by the Authority aforefaid. That all Penalties and Forfeitures by this Application of Act impofed ftall, if in Great Britain, be applied, one Moiety to the Ule of his Majcfly, his Heirs and tire forfeitures. Succeffors, and the other Moiety to fuch Perfon or Perfons as fhall fue for the fame ; and all fuch Penalties and Forfeitures as fhall be incurred in his Majefty's Plantations in America, fhall be applied, one third Part thereof to the Ufe of his Majefty, his Heirs and Succeffors, one other third Part to the Ufe of the Gover- nor of the Plantation where the Forfeiture fhall be incurred, and the remaining third Part to fuch Perfon or Perfons who fhall fue for the fame. XVIII. And be it further enacted by the Authority aforefaid. That if any Action or Suit fhall be com- Limita-ion of menced againft any Perfon or Perfons, for any lliing done in purfuance of this Act, every fuch Action or Aaions, Suit, if in Great Britain, fhall be commenced within fix Months next after the Fact committed ; and if in the Britijh Colonies or Plantations in America, within eighteen Months next after the Fact committed, and not afterwards ; and the Defendant or Defendants, in any fuch Action or Suit, may plead the General If- fue, and give this Act and the Special Matter in Evidence, at any Trial to be had thereupon ; and that the fame was done in purfuance and by the Authority of this Act; and if it fhall appear fo to have been done the Jury fhall find for the Defendant or Defendants; and if the Plaintiff fhall be nonfuited, or difcontinue his Action, after the Defendant or Defendants fliall have appeared, or if Judgment ftiall be given upon any Verdict or Demurrer againft the Plaintiff, the Defendant or Defendants ihall and may recover Treble t^ b'-C ft Cofts, and have the like Remedy for the fame, as any Defe/idant or Defendants have in other Cafes by " ' Law. XIX. And be it further enafted by the Authority aforefaid. That this Aft, and all the Powers and Au- Afl to be in thorities therein contained, fhall continue and be in Force for and during the Term of feven Years toFircefory commence from the twenty-fifth Day of March one thoufand feven hundred and forty-nine, and from thence ^"=="- to the End of the then next Seffion of Parliament, and no longer. Farther coMimed Of Z% Geo, 2. c, 25. Cmcerning Plantations fee farther 24 6V0. 2. c, 51 £f 53. 29 Geo, a, c. 5 £? 35. jo'Cw. a. (, 9, CAP. XXXI. An A61 for the Relief of Infolvent Debtors. EXP. HERE AS many Perfons, by Loffes and other Misfortunes, are rendered incapable of paying their whole Debts ; and though they are willing to make the utmoft Satisfaftion they can, are ne- verthelefs detained in Prifon by their Creditors: And whereas fuch unhappy Debtors have alv/ays been deemed the proper Objefts of publick Compaffion, and by feveral Afts of Parliament have been difcharg- ed:' For the Relief therefore of Infolvent Prifoners, who fhall faithfully difcover, upon Oath, and deli- ver up and affign, all their Eff'.'fts and Eftates whatfoever for the Benefit of their Creditors ; and to pievent, as far as poffible, the many Frauds and Abufes, which in a great Meafure have obftrufted the good Ends of fuch Afts, Be it enafted, l3c. " Sheriffs and Gaolers to deliver a Lift of their Prifoners, ^c. to the Juftices, i^c. Oath to be entered at " the End of every Lift. To be kept by the Clerk of the Peace. Sheriffs and Gaolers to fet up three or " more Lifts at the Entrance into the Prifons. Perfons inferred in the Lifts, and Prifoners, on i "jati. 17-17, " fliall be difcharged. They are to deliver in a Schedule of their Eftates, ^f. and make Oath. Schedule to " remain with the Clerk of the Peace, who is to affign the Effefts to the Aflignecs, to be divided among " the Creditors. Affignees of Copyhold Eftates to agree with the Lord of the Marior. On fuch Agree- " ment. Lord to grant to the Affignees the Copyhold. Not to afteft any Eftate in Expeftancy. Rent due " from a Prifoner, the Goods to be transferred to the Landlord. This Aft not to extend to Mortgages, " nor to prevent any Statute-Staple, Izh. Power of leafing Lands, i^c. claimed by any Prifoner, veftej " in the Affignees. Juftices who grant Warrants for bringing Prifoners to the Quartcr-Sefticns, fhall give VoL.VIL R " Notice