Page:Ruffhead - The Statutes at Large - vol 8.djvu/314

28o C. Anno tricefimo primo GeorgiiII. A.D. 1757^ Traders, &c. in Gold or Silver Lace, Silver Wire, Thread cr Fringe, not cences. Profecutions for Reco- very of Penalties, No Drawback to be a!- JX. Aiid be it further enadkd by the Authority aforefaid. That no Drawback whatfoever fhall be lowed on Exportation of allowed Or paid, upon, for or in refpea of the Exportation of any Silver Plate which fhall have been, or (hall be, imported into or made, wrought or manufadlured in this Kingdom, either before on or after the faid firfl; Day oi June one thoufand feven hundred and fifty-eight, and which fliall be entered for Exportation after the faid firft Day oVJune one thoufand feven hundred and fifty-eight • any former hdt or hda of Parliament to the contrary notwithftanding. X. Provided always, and be it further enafted by the Authority aforefaid. That this AiEl fhall not extend to fubje6l any Perfon or Perfons to any Penalty or Forfeiture, for or in refpe£l of, his her obliged to take out Li. or their trading in, felling or vending Gold or Silver Lace, or Gold or Silver Wire, Thread or Fringe, without taking out fuch Licence as aforefaid ; nor to repeal or alter any Drawbacks or Al- lowances now payable upon the Exportation of any fuch Lace, Wire, Thread or Fringe; any Thing herein before contained to the contrary notwithftanding. XL And be it further enacted by the Authority aforefaid. That all Profecutions for the Reco- very of Penalties and Forfeitures, incurred for Offences committed againft this Adt, fhall and may- be heard, adjudged and determined, either by Bill, Plaint or Liformation, in anv of his Majeftv's Courts of Record at Weftminjhr^ or in the Court oi Exchequer in Scotland^ if fuch l^enalty or Forfei- ture fhall be incurred there, or in fuch Manner and Form as hereafter is directed ; that is to fay. All* Profecutions for Recovery of Penalties and Forfeitures, incurred for OfFences committed againft this Ad, within the Limits or Jurifdiition of the Chief Office of Excife in London, fliall and mav be heard, adjudged and determined, by any three or more of the Commiflioners of Excife in England for the Time being; and in cafe of Appeal from the Judgment of the faid CommifTioners (and not otherwife) fhall be heard, adjudged and determined, by the CommifTioners for Appeals for the Time ■ ■•rv—-> being, or the major Part of them, whofe Judgment therein fhall be final; and all Profecutions for bytheCommiffionersfor j^e(-Q^,gry of Penalties and Forfeitures, incurred for OfFences committed within all or any other the ^^^^^' Counties, Shires, Stewartries, Cities, Towns or Places, within the Kingdom of Great Britainy fhall and may be heard, adjudgded and determined, by any two or more of the Juftices of the Peace refiding near to the Place where fuch Offence fhall be committed ; and if either the Informers or Defendants fhall think themfelves aggrieved by the Judgment given by fuch Juflices, it fhall and may be lawful for every fuch Informer or Defendant, to appeal to the Juftices of the Peace at the next Quarter- SefTion to be holden in and for the County, Shire, Stewartry, City, I'own or Place, where the Penalty or Forfeiture fhall be incurred, who are hereby authorized and impowered to hear, adjudge and determine the fame, and whofe Judgment therein fhall be final; and the faid CommifTioners for Excife, and CommifTioners for Appeals (in cafe of Appeal) and all Juflices of the Peace aforefaid, refpe£tively, are hereby authorized and required, upon Complaint or Information, upon Oath, exhibited and brought before them refpe£lively as aforeAiid, of the Commiffion of any Oftence againft this A£l (which Oath the faid Commiflioners, and Juftices of the Peace refpe^tively, are hereby authorized to adminifter) to fummon the Party or Parties accufed ; and upon the Appear- ance or Contempt of any Perfon or Perfons fo fummoned, to proceed to the Examination of the Matter of Fad; and upon due Proof made thereof, either by the voluntary Confeflion of the Per- °'^'d^'^7u"ment ^°" ° ^^^^^^^ ^o fummoned, or by the Oath of one or more credible Witnefs or WitnefTes (which ,an giveju gm , q.^^j^ ^j^^^ ^^^ ^^jj CommifTioners and Juftices refpedlively have hereby Power to adminifter) to give Judgment or Sentence thereupon, and to award and ifllie out Warrants under their Hands refpec-'- tively, for the levying of fuch Penalties or Forfeitures upon the Goods and Chattels of fuch Perfon or Perfons, and to caufe Sale to be made of fuch Goods and Chattels, if they fhall not be redeemed and for want of Diftrefe, within fourteen Days ; rendering to fuch Perfon or Perfons the Overplus (if any be) and for want if incurred within the Limits of the Chief Of- fice of Excife in London, to be heard and deter- inined by three of the ..CommiiTioners ; and in Cafes of Appeals, Appeals Profecutions within other Counties and Places, to be heard and determined by two Ju- ftices ; and in Cafes of Appeal, by the Juftices at their Quarter-Seflion. Commiflioners and Ju- ftices impowered to fum- mon Oft'enders ; and upon their Appea- rance, or Contempt, to proceed to the Examina- tion of the Matter of Fa£t and award Execution thereupon j to commit the Party. Application of the Pe- niliks and Forfeitures. Limitation of Actions. General ItTae. Treble Cofti. Defendant's Plea in Ac- tion brought in Scotland. DefcnH.int rcfovering, aliowcd hi& Expcacci. of fufficient Diflrefs, to imprifon the Party or Parties offending, till Satisfaction be made. XII. And it is hereby further enacted. That all Penalties and Forfeitures which fliall be recove- red, for any OfFences committed againfi this AGt (all necefl'ary Charges for the Recovery thereof being firft deducted) fhall be diftributed, one Moiety thereof for the Ufe of his Majefty, his Heirs and SuccefTors, and the other Moiety thereof to him, her or them, who fhall inform or fue for the fame. XIII. And be it further cnafted by the Authority aforefaid, That if any A£tion of Suit fhall be commenced againft any Perfon or Perfons, for any Thing done in purfuance of this Adt, in that Part oi Great Britain called England, the Defendant or Defendants in any fuch Action or Suit, may plead the General IlTue, and give 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 A<St ; and if it fhall appear fo to have been done, the Jury fhall find for the Defendant or Defendants ; and if the Plantift" fhall be nonfuited or djfcontinue his A6tion, after the Defendant or Defendants fhall have appeared; or if Judgment fhall be given upon any Verdi6t or Demurrer .ngainft the Plaintiff, the Defendant or De- fendants fhall and may recover Treble Cofts, and have the like Remedy for the fame, as any Defen- dant or Defendants hath or have in other Cafes by Law ; and if fuch A6tioii or Suit fhall be com- menced or profecutcd in that Part of Great Britain called Scotland, the Court before whom fuch Ac- tion or Suit fhall be brought, fhall allow the Defendant to plead this A£l on his Defence; and if the Purfuer fhall notinfift on his Ailion j or if Judgment flijill be given againft fuch Purfuer, the Defender