Page:Ruffhead - The Statutes at Large - vol 9.djvu/260

Seizures and Penalties, how to be recovered and appliedXXVIII. And be it further enacted by the Authority aforefaid, That all such Goods which shall be sezied or condemned in pursuance of this Act, and all pecuniary Penalties and Forfeitures by this Act inflicted, shall and may be sued for, prosecuted and recovered in any of his Majesty's Courts of Record at Westminster, by Action of Debt, Bill, Plaint or Information, in the Name of his Majesty's Attorney General, or in the Name or Names of any such Supervisor or other Officer or Officers of the Customs or Excise as aforefaid, except in such Cases where it is otherwise provided by this Act; and that one Moiety of the clear Produce arising from the Sale of all such Goods, and of all the pecuniary Penalties and Forfeitures inflicted by this Act, after all Charges deducted, shall be to his Majesty, his Heirs and Successors, and the other Moiety thereof to the Officer or Officers, or such other Person who, pursuant to the Directions of this Act, shall seize, inform or prosecute for the same.

A Capias to issue for the Penalties in the first ProcessXXIX. And be it further enacted by the Authority aforefaid, That upon every Action, Bill, Plaint or Information, entered or filed as aforesaid, for any pecuniary Penalty imposed by this Act, a Capitis in the first Process Ahall and may issue specifying the Sum of the Penalty sued for; Defendants to give Bail. and the Defendants to give Bail. Defendant or Defendants shall be obliged to give sufficient Bail or Security by natural-born Subjects, Persons naturalized or Denizens, to the Person or Persons to whome such Capias shall be directed, to appear in the Court out of which such Capias shall issue, at the Day of the Return of such Writ, to answer such Suit or Prosecution; and shall likewise, at the Time of such Appearance, give sufficient Bail or Security, by such Persons as aforesaid, in the said Court, to answer and pay all the Forfeitures and Penalties incurred for such Offence or Offences, in case he, she or they sgall be convicted thereof, or to yield his, her or their Body or Bodies to Prison.

Limitation of Actions,XXX. And be it further enacted by the Authority aforefaid. That if any Action or Suit shall be commenced against any Person or Persons, for Recovery of any of the pecuniary Penalties inflicted by this Act, such Action or Suit shall be brought or commenced within twelve Calendar Months next after the Cause of Action shall arise, and not afterwards, and shall be laid and brought in the County or Place where the Cause of Action shall arise, and not elsewhere; General Issue,and the Defendant or Defendants in such Action or Suit shall and may plead the General Issue, and give this Act, and the Special Matter in Evidence, at any Trial to be had thereon, and that the same was done by the Authority of this Act: And if it shall appear to have been so done, then the Jury shall find for the Defendant or Defendants; and if the Plaintiff or Plaintiff's shall become nonsuited or discontinue his, her or their Action or Suit, after the Defendant or Defendants shall have appeared; or if, upon Verdict or Demurrer, Judgment shall be given against the Plaintiff or Plaintiffs; Treble costs the Defendant or Defendants shall recover Treble Costs, and have such Remedy for the same as any Defendant or Defendants hath or have in other Cases by Law.

Onus probandi to lie on the claimer.XXXI. And be it further enacted by the Authority aforefaid, That if any Cambricks or Lawns, or Goods of the Kind usually known by or under either of those Denominations, shall be seized by virtue or in pursuance of this or any other Act now in Force; or if any Acttion shall be brought by the Owner or Claimer of such Goods, against any Officer of the Customs or Excise, or any other Person for any Thing done in pursuance of this or any other Act now in Force, and any Doubt or Question shall arise where such Goods were manufactured, the Proof thereof shall lie upon the Owner or Claimer of such Goods, and not on the Person who seized the same, or against whom such Action shall be brought; any Law, Usage or Custom to the contrary notwithstanding.

Act not to extend to Scotland or Ireland.XXII. Provided always, and be it enacted, That no Thing in this Act contained shall be extended or construed, deemed or taken, to prevent the Sale of, or lay any Kind of Restriction on any Linen Goods whatsoever, really and bona fide made, wove or fabricated in Scotland or Ireland; but that all such Goods shall and may be lawfully fold and used in England, in the same Manner as if this Act had not been made.

Publick ActXXXIII. And be it further enacted by the Authority aforefaid, That this Act shall be adjudged, deemed and taken to be a Publick Act, and be judicially taken Notice of as such, by all Judges,. Justices and other Persons whatsoever, without specially pleading the same.

CAP. XXXVIII.
An Act for allowing further Time for Inrollments of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers.

Preamble reciting the Acts 3 Geo. 1 .c. 18."WHEREAS by a Clause in an Act of Parliament passed in the third Year of the Reign of his late Majessty King George the First, intituled, An Act far explaining an Act passed in the last Session of Parliament, intituled, An Act to oblige Papists to register their Names and Real Estates, and for enlarging the Time for such Registering; and for securing Purchases made by Protestants; it was enacted, That, from and after the twenty-ninth Day of September in the Year of our Lord one thousand seven hundred and seventeen, no Manors, Lands, Tenements, Hereditaments or any Interest therein, or Rent or Profit thereout, should pass, alter or change from any Papist or Person professing the Popish Religion, by any Deed or Will, except such Deed, within six Months after the Date, and such Will, within six Months after the Death of the Testator, mould be inrolled in one of the King's Courts of Record at Westminster, or else within the same County or Counties wherein the Manors, Lands and Tenements lie, in such Manner as therein for that Purpose is particularly directed: And whereas by several Acts^{[d 1]} of Parliament made in the tenth

Year

Direct citations:

1. 10 Geo. 2. c.4