t much thereof feven hundred and twenty three no allowance fhall be made to the importer for or in confideration of any damaged or mean toBut merchant bacco, either at the scale or otherwife; but in cafe any merchant may cut off fo or other perfon fhall refuse to enter and pay, or fecure the duties as he refufes aforefaid for fuch tobacco, then he or they fhall have liberty to to pay custom refufe the fame, or to feparate fuch damaged tobacco, by cutfor, to be de. ting off from the hogfhead or other package fo much thereof, ftroyed, &c. as he or they fhall refufe to pay cuftom for, and the principal officers of his Majefty's cuftoms, or any three or more of them, fhall cause all fuch tobacco to be burnt and destroyed, without making any allowances to fuch importer for freight or other charges, other than the allowances hereafter in this act provided for; any law or custom to the contrary notwithstanding. Not to feparate the talk from the leaf. Tobacco ex- draw back the V. Provided always, and it is not hereby intended, That any merchant or other perfon fhall have liberty to separate the ftalk from the leaf, on pretence that the fame is damaged or mean tobacco. VI. And be it further enacted by the authority aforefaid, That in case any of the faid tobacco, which fhall have been entred, and the duties thereof paid or fecured in manner aforefaid by this act directed and appointed, fhall, from and after the faid first day of June one thousand seven hundred and twenty three, be exported into any foreign parts, the exporter fhall, upon the exportation thereof within the time limited by law, on a proper debenture to be made forth for that purpose, be paid or allowed to draw back the whole duty, or the fecurity vacated on the bond or bonds given on the importation, and no more, as to what shall be so exported, care being taken, that be deducted. the several allowances and deductions made at the importation be again deducted on the debenture; any law or custom to the contrary notwithstanding. Allowances to Perfons dif- have one half share. VII. And whereas, notwithstanding the many laws to prevent fraudulent drawbacks upon tobacco and other goods and merchandize exported, yet the fame ftill continue, but if fome further encouragement were given to fuch as would be willing to difcover fuch frauds, the fame might in fome measure be prevented: be it therefore declared and enacted by the authority aforefaid, That if any perfon (other than the exporter) fhall difcover to the commiffioners, or any officer of the customs, any frauds committed, either by of the officer's the exporter of the tobacco, or other goods or merchandize, or by any other perfon or perfons in aid or affiftance of the exporter, whereby his Majefty has been or fhall be defrauded by the exportation of fuch tobacco or other goods or merchandize, such person or perfons (except as aforefaid) fhall, as an encouragement, have and receive one half of the officer's or profecutor's share of what shall be recovered and paid by such discovery, the charges of prosecution being firft deducted; and the commiffioners of the customs for the time being are to cause fuch charges to be paid equally by the crown and the officer or profecutor; and in cafe fuch perfon or perfons, who were aiding or aflifting to the exporter in fuch fraud, fo difcovering, het or * or the shall, in confideration of fuch his or her difcovery, be clearly acquitted and difcharged of fuch his or her offence; any law, custom or ufage to the contrary notwithstanding. wife from any double the VIII. And whereas frauds are many times committed under pre- Tobacco or tence of carrying tobacco or other foreign goods or merchandizes from foreign goods one port to another in Great Britain coaftwife, by masters of coafting carried coaftveffels, who take in fuch goods in ports beyond the fea, or out of ships other port or veffels at fea, or in any place, other than the port from whence it than the place was certified, and privately land the fame in Great Britain, to the from whence prejudice of the revenue and the encouragement of the foul traders: certified, forfor the prevention whereof, be it further enacted by the autho- feited, and rity aforefaid, That if any tobacco or other foreign goods or value. merchandizes fhall be taken on board any coafting veffel in parts beyond the feas, or out of any fhip or vessel at fea, or at any port or place of this kingdom, other than the port or place from whence fuch goods fhall be certified, that then the faid goods, and double the value thereof, fhall be forfeited and loft, and the master of the faid coafting fhip, wherein the faid goods feit the value. were imported, fhall forfeit the value of the faid tobacco or other goods. Master to for share. IX. And be it declared and enacted by the authority afore- Difcoverer to faid, That if any perfon (other than the owner or claimer of have one half the tobacco or other goods or merchandize fo shipped coaftof the officer's wife, or pretended to be fhipped coaftwife) fhall difcover to the commiffioners, or any officer of the customs, any frauds còmmitted either by the owner or claimer of the tobacco or other goods or merchandize fo fhipped or pretended to be shipped coaftwife, or by any other perfon or perfons in aid or affiftance of the owner or claimer of fuch tobacco or other goods or merchandize, whereby his Majefty has been or fhall be defrauded in his duties, fuch perfon or perfons (except as aforefaid) fhall, as an encouragement, have and receive one half of the officer's or profecutor's fhare of what shall be recovered and paid by fuch discovery, the charges of profecution being firft deducted, and the commiffioners of the customs for the time being are to cause such charges to be paid equally by the crown and the officer or profecutor; and in cafe such person or perfons, who are aiding or affifting to the owner or claimer of the tobacco or other goods or merchandize fo fhipped or pretended to be shipped coaftwife in fuch frauds, he or she fhall in confideration of fuch his or her difcovery, be clearly acquitted and difcharged of fuch his or her offence; any law, cuftom or ufage to the contrary notwithstanding. Aider dif X. And be it further enacted by the authority aforefaid, How to be That the feveral penalties and forfeitures in this act mentioned fued for, fhall and may be profecuted and determined by bill, plaint or information in any of his Majefty's courts of record at Westminster, or in the court of exchequer at Edinburgh refpectively, wherein no effoin, protection or wager of law fhall be allowed; and divided. and one moiety of the faid penalties and forfeitures fhall be to G 3 the the use of his Majefty, his heirs and fucceffors, and the other moiety to such persons as will fue for or profecute the fame. XI. And it is hereby further enacted by the authority aforefaid, That if any perfon or perfons fhall be fued, malefted or profecuted for any thing done, by virtue or in pursuance of this act, or any of the claufes therein contained, fuch person or perfons fhall or may plead the general iffue, and give this act and General inue. the fpecial matter in evidence for his, her or their defence; and if afterwards a verdict fhall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall difcontinue his or their action or be nonsuited, or judgment shall be given against him or them upon demurrer or otherwise, then such defendant or defendants fhall have full cofts to him or them awarded against fuch plaintiff or plaintiffs. bond within Importer dif. XII. Provided always, and be it enacted by the authority charging his aforefaid, That if any importer or proprietor of tobacco, that the 18 months hath given fecurity as aforefaid for the payment of the faid duties to have a dif- in eighteen months, fhall be defirous to discharge his bond or count of 7 per bonds, or any part thereof, in ready money, fooner than the cent. for the expiration of the faid eighteen months, he fhall be abated upon time. Allowance of &c. fuch bond or bonds fo much as the discount at the rate of seven per centum per annum shall amount to in proportion to the time unexpired. XIII. Provided always, and be it further enacted by the authority aforefaid, That in cafe any tobacco fhall happen to receive damage on board any fhip or veffel by stress of weather at fea, or any damage by any fhip or veffel's being forced on fhore maged at fea, in any part of Great Britain, or if any unforeseen accidents should happen after the arrival of any fhip or veffel in port, by the fhip's bulging on an anchor, or by the lighter into which the tobacco is put in order to be laid on land, or by any fuch like accidents, whereby fuch tobacco shall receive damage, it fhall and may be lawful to and for the commiffioners or collectors, or other chief officers of his Majefty's customs, to allow and pay to the importer at the rate of one halfpenny for every pound of fuch tobacco, for which the importer fhall refuse to To be fepa- pay or fecure the full duties, and which fhall be cut off or fe rated and burnt. No drawback 8 lb. upon every hogthead qt. parated from the found in order to be burnt or otherwise publickly deftroyed by the officers of his Majefty's cuftoms, fo as fuch allowance fhall not exceed thirty fhillings for all the tobacco damaged in any one fingle hogfhead imported; any thing herein contained to the contrary notwithstanding. XIV. Provided always, and it is hereby enacted by the authority aforefaid, That no drawback fhall be allowed on any tobacco exported in any package, but only in cafks, containing three hundred weight or more in each cask, except fuch tobacco as shall be cut or rolled; any thing herein contained to the contrary notwithstanding. XV. And whereas the allowances at the fcale for draught upon every hogshead of tobacco imported have been uncertain, be it enacted by the authority aforefaid, That from and after the first day of June June one thousand seven hundred and twenty three, there fhall 350 lb. allow- XVI. And whereas divers quantities of tobacco of the British Tobacco ar- seven hundred and twenty three, and on or before the second day of June one thousand seven hundred and twenty three, and then remain unentred, fhall be reckoned to be from and after the first day of June one thoufand feven hundred and twenty three, in like manner, as if the mafters of fuch fhips or veffels had made report of their several ladings on the faid fecond day of June; and the importers or proprietors of fuch tobacco fhall pay or fecure the duties, and have and enjoy the feveral allowances and discounts, and be entitled to draw back the duties, as fully and in like manner, as if the said tobacco had been imported, and the mafters of the fhips had made their respective reports of their ladings on the faid fecond day of June; any law, custom or usage to the contrary notwithstanding. be from ftalk or stem. 9. XVII. And be it enacted by the authority aforefaid, That No tobacco to from and after the first day of June in the year of our Lord one be imported thousand seven hundred and twenty four, no tobacco shall be stript from the imported into Great Britain stript from the stalk or stem; and in cafe any tobacco ftript from the stalk or stem, shall be fo im- 2 Geo. 2. c. Repealed by ported after the faid first day of June the fame fhall be seized, and fhall be liable to be searched for and forfeited by any officers of the customs, in the fame manner as any other prohibited goods. may, by the laws now in being, be fearched for or seized; and all and every fuch penalties and forfeitures fhall and may be recovered by information in the court of exchequer of England or Scotland refpectively; one moiety thereof to the use of his Majefty, his heirs and fucceffors, and the other moiety thereof to the use of the person or perfons who fhall feize and fue for the fame. XVIII. Provided nevertheless, and it is hereby declared, Officer not to That nothing herein contained shall authorize or impower any fearch for officer of the customs, or other perfon, to fearch for any ftript fript tobacco tobacco imported, after the fame thall have been weighed by the after weighproper officer, for the payment of the duties payable for the ing, &c. fame; and where it shall happen there shall not be more than twenty pounds weight of ftript tobacco in any one hogshead, the fame shall not be fubject or liable to be feized or forfeited by virtue of this act. XIX. Provided always, and it is hereby declared and en- Thefe duties acted by the authority aforefaid, That all the monies to arife of how approor for the duties of tobacco, under the regulation by this act priated. prescribed (the neceffary charges of management excepted) are G & and . No drawback and fhall be appropriated and applied to fuch ufes and purpofes, and in fuch or the like proportions, and in fuch manner, as the duties on fuch tobacco were appropriated and would have been applicable, if this act had not been made, under fuch penalties and forfeitures for diverting or misapplying any of the faid monies, as in the like cafe or cafes might have been inflicted by any former act or acts of parliament, for diverting or mifapplying any money arifing by the duties on tobacco therein mentioned; any thing herein contained to the contrary notwithstanding. XX. And be it declared and enacted by the authority aforefor tobacco- faid, That no drawback shall be allowed for any tobacco-stalks stalks export- or stems exported by themfelves, when they have been or thall be separated from the reft of the leaf; any law to the contrary notwithstanding. ed. CAP. XXII. An att for the more effectual punishing wicked and evil-dif- Back Act and violences to the perfons and properties of his Majesty's I. HEREAS Several ill-defigning and diforderly persons have of late afficiated themfelves under the name of Blacks, and entered into confederacies to fupport and affift one another in stealing and destroying of deer, robbing of warrens and fifb-ponds, cutting down plantations of trees, and other illegal practices, and have, in great numbers, armed with fwords, fire-arms, and other offenfive weapons, feveral of them with their faces blacked, er in disguifed habits, unlawfully bunted in forests belonging to bis Majefty, and in the parks of divers of his Majefty's fubjects, and destroyed, killed and carried away the deer, robbed warrens, rivers and fifb-ponds, and cut down plantations of trees; and have likewife folicited feveral of his Majefly's fubjects, with promises of money, or other rewards, to join with them, and have fent letters in fictitious names, to feveral perfons, demanding venifon and money, and threatning fome great violence, if fuch their unlawful demands should be refused, or if they fhould be interupted in, or profecuted for fuch their wicked practifes, and have actually done great damage to several perfons, who have either refused to comply with fuch demands, or have endeavoured to bring them to justice, to the great terror of his Majesty's peaceable fubjects: For the preventing which wicked and unlawful practices, be it enacted by the King's moft excellent Majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in parliament affembled, and by the auPerions dif- thority of the fame. That if any perfon or perfons, from and guifed and in after the first day of June in the year of our Lord one thousand feven hundred and twenty-three, being armed with fwords, ing in forelt, fire-arms, or other offenfive weapons, and having his or their &c. and killing faces blacked, or being otherwise difguifed, fhall appear in any deer, &c. forest, chafe, park, paddock, or grounds inclosed with any wall, deemed felons, arms appear pale, |