« PreviousContinue »
vf Man^ or its dependencies, for such sum or sums of money or upon such other terms or conditions as they shall think sitting; and that upon the executing of such contracts or aoreements by or on the behalf of the said earl, his tenants, the"said Henrietta Bridget AJhburnham^ or such other person or persons claiming rjr to claim under him, or any of his ancestors as aforesaid, or upon executing such other conveyances, assignments, releases or surrenders, as in such contract or contracts shall be agreed on for that purpose, it shall and may be lawful to and for the said commissioners of the treasury now or for the time being, or any three or more of them, or the lord high treasurer for the time being, and they are hereby impowered by and out os any monies arisen or to arise to his Majesty, his heirs or successors, of or for any customs, subsidies, impositions, or other duties upon the importation or exportation of any goods or merchandizes whatsoever already granted or payable, or hereafter to be granted or payable to his Majesty, his heirs or successors, in Great Britain^ Wales or Berwick upon Tiveed, to order and direct the payment of such sum or sums of money, from time to time, as shall be so contracted or agreed on for such purchase or purchases, to such person or persons as, according to the terms of such contracts or agreements, (hall be entitled to have and receive the fame. Henrietta XXVI. And it is hereby further enacted and declared by the
burnhanw^'t autnor^y aforesaid, That.it mall and may be lawful to and for wkhstand'ing" tne Henrietta Bridget Aftburnham, notwithstanding her miher minority, nority, by and with the consent of the said John lord Afljburnmay convey ham her father, and the said Bryan Fairfax, or the survivor of her estate them, to convey and assure all her estate and interest in the Isle ..♦eron. of Man ^ and premisses aforesaid, or any part thereof, pursuant to any contract or agreement, which shall be made by virtue of the powers in this act given; and such conveyance or assurance shall be good and effectual in law, to all intents and purposes, as if the said Henrietta Bridget Afoburnham was of the full age of one and twenty years; any law, custom or usage to the contrary thereof in any wise notwithstanding: and the money to be paid as the consideration of such conveyance, mall be paid to such person as the high court of chancery shall direct, and when paid, shall be laid out by the direction of the said court of chancery for the benefit of the said Henrietta Bridget Ajhhurnham^ her executors, administrators and assigns. Persons in pri- XXVII. And be it further enacted by the authority aforesaid, son on in- That from and aster the twenty third day of May one thousand formation re- feven hundred and twenty six, if any person or persons that 1 uftomf cx now *s or are3 or ma^ ke m prison for want of sufficient bail ci se or saCnot (such person or persons being taken by Capias or Capias's issued pleading by out of his Majesty's court of exchequer, or any other his Mathe space os jesty's courts of record at Westminster or Edinburgh) upon any one term, information or informations exhibited in any of the said courts be fibred by against them or any of them, for having been aiding, assisting, default, and or otherwise concerned in the unshipping out of any Chip or vet se], ships or vessels, boat or boats, with intention to be laid on execution land, any fort of goods or merchandizes whatsoever, liable to a^'st bocf" the payment of any duties whatsoever, either customs, excise fnd estates or salt, or any goods or merchandizes prohibited to be imported into this kingdom, or for having any such goods or merchandizes whatsoever knowingly come to his or their hands; or upon any information or informations for non-payment of duties relating to the customs, excise or salt-duty; or upon any information or informations already exhibited, or to be exhibited in any of the said courts, in relation to any fraud or frauds about any drawback or certificate goods or merchandizes, or in relation to any other fraud or frauds whatsoever, already committed or to be committed, in order to diminish or lessen the revenue of the customs, excise or salt-duty, or upon any penal law or statute whatsoever, relating to the said revenues; and shall refuse or neglect to appear or plead to any such information or informations to be delivered to such person or persons, or to the gaoler, keeper or turnkey of the prison or prisons, at the prison or prisons wherein such person or persons shall be confined or imprisoned for any of the said offences, by the space of one term, judgment shall be entred against him or them by default; and in case judgment shall be obtained against any such person or persons by default, verdict, or otherwise, and such person or persons shall not pay the sum recovered against him or them for any of the said offences, execution shall be thereupon awarded and issued, not only against the body or bodies of such person or persons so in prison as aforesaid, but also against all the real and personal estate or estates of such person or persons, though such person or persons continue in prison for such sum or sums of money so to be recovered against him or them; any law, custom or usage to the contrary notwithstanding.
XXVIII. And whereas great quantities ofprohibited goods, and No informagoods liable to the payment of cujhms, excise or fait-duty, are by evil- tion to be filed disposed persons fraudulently landed in this kingdom, and goods pre- ^ra^eco^Tltv tended to be flipped outwards * entitled to a draivback or bounty, are by^he taws of frequently not finpt, or after the flipping thereof relanded, zuhereby the customs, they become liable to several penalties; but knowing themselves sub)eel &c. unless ento be prosecuted for the [aid offences; and that their fraudulent prac- tred m^he aU tices may in time be discovered, do frequently, before any discovery raP^name^or can be made by the officers of the revenues, cause informations to be of some offientred and filed againjl themselves in some of the courts at Westmin- cer. ster or Edinburgh, in the name of some person or persons, on bis, her or their behalf; and if no discovery be made of the said fraudulent practices by the officers of the revenues, the said informations are never prosecuted \ but in caje the said frauds are discovered by any officer or officers of the revenues, who thereupon enter and file real in formations againfl such offender and offenders, then either some secret agreement or agreements is or are made by such offender or offenders with such person or persons, who have filed or exhibited such informations on the behalf of such offender or offenders, or else a plea
or picas of priority of suit is or are pleaded in bar of such real informations prosecuted by the officers of the revenues, whereby the.said offenders evade the several penalties inflifted by law, to the great prejudice of the crown, and also to the discouragement of real prosecutions > for the prevention of such fraudulent practices, be it enacted by the authority aforesaid, That from and after the twenty third day of May one thousand seyai hundred and twenty six, it shall not be lawful for any person or persons whatsoever, to enter, or cause or procure to be entred, filed or prosecuted, any information or informations in any of the said courts against any person or persons for the recovery of any penalty or penalties inflicted by any of the laws of the customs, excise, and the duty upon salt, unless the fame be entred, filed, and prosecuted in the name of his Majesty's attorney general, or in the name or names of some officer or officers of some or one of the aforesaid revenues of customs, excise or salt-duty: and is any information or informations is or are entred in any other person's name or names than as is before-mentioned, the fame, and all proceedings thereupon had, are hereby declared to be null and void; and the said court or courts where such information or informations is, are or shall be so entred, filed or prosecuted, shall not permit or suffer any proceeding or proceedings to be had thereupon, and (hall cause such information .or informations to be taken off the file; any law, custom or usage to the contrary notwithstanding. No dealer in XXIX. And for preventing the frauds of such chocolate makers, d^s^se^of \e?s W^10 buying small quantities of cocoa-nuts, do clandestinely make the than i% lb. at same int0 c^oco^ate') and in like manner fell and dispose os the chocolate one time, so made, without paying the inland duty thereon, whereby his MajeJiy is defrauded of and in the said inland duly on chocolate; be it enacted by the authority aforesaid, That from and after the twenty fourth day of June one thousand seven hundred and twenty six, no seller of, trader or dealer in cocoa-nuts, shall in any parcel or parcels fell, deliver out or dispose of less than the quantity of twenty eight pounds weight of cocoa-nuts at the least, at any one time or times; and further, that from time to time, jmd to enter in and at all and every time and times when such seller os, a book, to trader or dealer in cocoa-nuts, shall either sell, deliver out whom all co- or dispose os any parcel or parcels of cocoa-nuts, of twenty eight sold^be pe- Poun(*s weight or more, the party or parties so selling, deliverrused by the " m out or disposing of such cocoa-nuts, shall enter or cause to be officer. entred down an account in writing, of the christian and sur
name and names, and place and places of abode of the person and persons to whom, or to or for whose use, or for or upon whose account such cocoa-nuts (hall be so sold, delivered out or disposed of; and upon demand or request made by any officer or officers of and for the inland duties on chocolate, (hall produce such account or accounts to such officer or officers, and shall permit him or them not only to inspect and peruse the same, but also thereout and therefrom to take an account of the name
and and names, place and places of abode of the person and persons to whom or for whose use, or for or upon whose account such cocoa-nuts shall be or shall have been sold, delivered out or disposed of, on pain of forfeiting and losing the sum of twenty pounds for every pound of cocoa-nuts, which (hall either be enalt>r' fold, delivered out or disposed of in any parcel or parcels not containing or amounting in the whole to twenty eight pounds of cocoa-nuts at the least, or which shall be, or (hall have been so sold, delivered out or disposed of, without entring down, or causing to be entred down in such account or accounts in writing as aforesaid, the name and names, and place and places of abode, of the person and persons to whom or to or for whose use, or for or upon whose account such cocoa nuts shall be or shall have been so sold, delivered out or disposed of; and on pain of forfeiting and losing the sum of twenty pounds every and each time and times, when such seller of, trader or dealer in cocoa-nuts shall refuse to permit such officer or officers for the said inland duties, to inspect and peruse such account or accounts as aforesaid, or thereout or therefrom to take such account or accounts as aforesaid.
XXX. And be it further enacted by the authority aforesaid, No officer of That from and after the twenty fourth day of June one thou- excise subject sand seven hundred and twenty six, no gauger or officer of his ^ofi^^J0* ■Majesty's duties, either of excise or of any other duty, which copyofcharge, at this time are or hereafter shall be under the management of unless requited his Majesty's commissioners of excise, either as commissioners in writing, of excise and commissioners of other respective duty or duties,
or as commissioners of any such duty or duties, shall be liable or subject to any penalty or forfeiture whatsoever, for omitting or neglecting to deliver or leave, or for not delivering or leaving a copy or copies of any charge or charges made by such gauger or gangers, officer or officers, for or on account of the said duties or any of them respectively, unless such copy or copies shall by the respective party or parties entitled, or that (hall be by law entitled to have such copy or copies, or by his, her or their order or orders, be required and demanded in writing, of and from such gauger or guagers, officer or officers respectively; any law or usage to the contrary thereof in any wise notwithstanding.
XXXI. And be it further enacted by the authority aforesaid, No action for That no action, bill, information or plaint, shall be brought or such offence, prosecuted against any such gauger or gaugers, officer or of- ^nced°in* ficers, for any such last mentioned offence or neglect, unless tbe before 27 Asame shall be commenced before the twenty seventh day of A- pril 1726, pril in the year of our Lord one thousand seven hundred and
XXXII. And ivhereas discoveries have been lately made of great quantities of foreign goods, liable to tbe payment of customs, excise or the duties cn /alt, ivhicb have been clandestinely imported without paying the fame-, but the facts not being discovered within the time prescribed by law for prosecutions to be commenced^ for the penalties by Treasury may compound for debts for the customs of clandestinely Imported goods before 32 May 1723.
How forfeitures to be recovered, &c.
lav) imposed for such offences, his Majesty can only prosecute for the duties in the name of bis attorney general, by informations in nature* of aflions of debt for recovery thereof \ and whereas several persons against whom such informations in natyre of aclions of debt have been or may be brought, cannot pay the full sum they are or may be sued for respectively, the same amounting in many cases to very large sums, but may be able to pay some part thereof, in cafe a composition could be made with them for the fame \ be it e-nacted by the authority aforesaid. That it (hall and may be lawful for the commissioners of his Majesty's treasury or any three or more of them, or the lord high treasurer, or the commissioners of the treasury for the time being, or any three or more of them, to make such compositions or agreements, as to him or them (hall seem reasonable, for any such debts incurred by any persons, for the customs or other duties of goods so clandestinely imported as aforesaid before the twelfth day of May in the year of our Lord one thousand seven hundred and twenty three, and upon payment of the composition-money, to cause the remainder of the debt so compounded for, to be effectually discharged, and the composition-money so paid, to be applied or appropriated, in proportion to the several branches to which the fame doth or may belong; any law, statute or usage to the contrary in any wife notwithstanding.
XXXIII. And it is hereby further enacted by the authority aforesaid, That all forfeitures and penalties by this act imposed for any offence which shall be committed, relating to any part of his Majesty's revenues under the management of the commissioners of excise, or inland duties in Great Britain, sliall be sued for, levied and recovered 6x mitigated by such ways, means and methods, as any sine, penalty and forfeiture is or may be recovered or mitigated, by any law or laws relating to his Majesty's revenues of excise or any of them or by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminster or the court of exchequer at Edinburgh respectively (except where it is otherwise provided for by this act) and all forfeitures and penalties by this act imposed for any offence which lhall be committed relating to any part of his Majesty's revenues under the management of the commissioners of his Majesty's customs in Great Britain, shall and may be recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminster or the court of exchequer at Edinburgh respectively, except where -it is otherwile provided for by this act; and that all forfeitures and penalties hereby imposed for any offence which shall be committed in the kingdom of Ireland, contrary to this act, shall be sued for, recovered and levied by such ways, means and methods, as any penalty or forfeiture is or may be sued for or recovered by virtue of any law or laws in force in Ireland, relating to his Majesty's revenue there, and one moiety of all such forfeitures and penalties imposed by this act, shall be to his Majesty, his heirs and successors, and the other moiety thereof to him or them