this act and in cafe no fuch certificates fhall respectively be produced, or proof refpectively made within the times therein limited, it shall and may be lawful for the respective commif- and of their fioners of excise to cause the bonds which fhall be taken by vir- being put in tue of this act to be put in fuit, unless they fhall find fufficient cause to forbear the fame; any law, cuftom, or ufage, to the contrary in any wife notwithstanding. fuit. ed, relanded, X. And, for the preventing the relanding of such rum or fpirits If fuch rum after the fame fhall be shipped; be it further enacted by the au- or fpirits fhall thority aforefaid, That from and after the faid fixteenth day of not be exportJune, one thoufand seven hundred and fixty, in cafe any fuch rum or spirits, entered as merchandize for exportation, fhall not be really and bona fide (hipped and exported (the danger of the or shall be feas and enemies excepted) or thall be landed again in any part fraudulently of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, or either of them, unless in cafe of diftrefs to fave the goods from perifhing; which fhall be presently made known to the officer or officers of excife, and the principal officers of the customs in the port; then, not only all fuch rum and the fame, tofpirits, and the casks or other package, fhall be forfeited and gether with loft, but also the perfon or perfons who fhall bring, or caufe, the vefiels, or procure to be relanded, fuch rum and fpirits, or any part carriages emthereof, into any part of Great Britain, or of the islands of ployed therecarriages emGuernsey, Jersey, Alderney, Sark, or Man, or either of them, in, are forteitor be affifting, or otherwife concerned in the unfhipping the fame, ed; and the or to whofe hands the fame (hall knowingly come after the un- cerned forfeit perfons confhipping thereof, or by whofe privity, knowledge, or direction, double the the said rum or fpirits, or any part thereof, thall be fo relanded, amount of the shall forfeit double the amount of the duties charged upon the duties; importation of such rum or spirits; and the casks and other package containing the fame, together with the veffels and boats, and all the horfes or other cattle and carriages whatfoever, made use of in the landing, removing, carriage, or conveyance of the fame, which fhall and may be feized by any officer or officers cattle and is to fuffer al of the customs or excife: and if any mafter, commander, or and the maother perfon belonging to any fhip or veffel, thall affist in, or ster, &c. if he connive at, the fraudulent landing any fuch rum or fpirits as a- afilt or conforefaid, he, the, or they (over and above all other penalties nive thereat, provided by this or any other act or acts now in force) thall, for fo 6 months every fuch offence, fuffer imprifonment for the fpace of fix imprifonmonths, without bail or mainprize; and in cafe the package of ment; fuch rum or spirits fo entered for exportation, or any part thereof, or if the packshall be altered at any time after the shipping thereof, and before before arrival age be altered the arrival of the thip at the port or place of discharge, the at the place of master, or other perfon taking charge of every fuch fhip or vef- difcharge, he fel, fhall forfeit and lofe the fum of one hundred pounds. forfeits tool. XI. And, for the preventing of frauds which may be committed in The rum or the exportation of fuch rum or fpirits, be it further enacted by the fpirits to be authority aforefaid, That from and after the faid fixteenth day exported, are of June, one thoufand feven hundred and fixty, all fuch rum to be proof; 1 and the ex porter is to previous no- fhipping and allow the and take fam ples, paying or fpirits fo to be exported fhall be proof fpirits; and in order that the fame may be properly examined, and the casks markgive 5 days ed, when any perfon or perfons thall be defirous of shipping any quantity of fuch rum or fpirits, they are hereby required to give notice thereof in writing to the officer of excife, of the divifion or place where fuch rum or fpirits are intended to be shipped, five days next before fuch rum or fpirits fhall be put on shipboard; in which notice thall be expreffed the number of casks, and the quantity of rum or fpirits, fo intended to be shipped: and it shall be lawful to and for the gaugers, or other officers of excise, before the delivery of fuch rum and fpirits from fuch warehouses, and at any time afterwards, to mark all and every fuch casks, or other package, in fuch manner as the respective commiffioners of excife fhall direct, and to take a fample or famples (not exceeding one pint in the whole) out of each of the faid casks, or other package, containing fuch rum or fpirits, paying for fuch fample or famples (if demanded) according to the market price rum or fpirits of the like quality fhall be fold for, at the time fuch sample or famples fhall be taken: and in cafe any person or persons fhall put on thipboard any fuch rum or spirits, for exportation, as merchandize, without having given fuch notice as aforefaid, or thall obstruct or hinder the gaugers, or other officers of excise, in the marking fuch casks or package, or in takupon penalty ing fuch fample or famples, he, the, or they, fhall respectively of forfeiting forfeit for every fuch offence, the fum of one hundred pounds; and if the rum or spirits fo intended for exportation as merchandize, fhall, after the fhipping thereof, be altered or reduced in quality or quantity, after any officer or officers of excise shall have examined the fame, the faid rum or spirits, and the cask or casks, or other package or packages containing the fame, shall be forfeited and loft, and the perfon or perfons who fhall have fo altered or reduced fuch rum or fpirits, or caufed or procured forfeited, and the fame to be altered or reduced, fhall forfeit and lofe the fum of one hundred pounds for every fuch offence, and no drawback or allowance of the duties fhall be made for the fame. and no drawback is to be allowed for the fame. Jool. or fpirits fhall reduced in being shipped, the fame is the perfons therein, for- XII. And be it further enacted by the authority aforefaid, granting a That if any perfon or persons fhall knowingly or wittingly grant falfe certifiany falfe certificate; or counterfeit, erafe, or alter any oath or cate, or of counterfeit certificate made or given pursuant to this act, or fhall knowinging, altering, ly or wittingly publish or make use thereof, fuch person or per&c any oath fons fhall forfeit five hundred pounds; which forfeiture shall or certificate, and may be profecuted in any of his Majefty's courts of record is 500l. at Westminster, or in the court of exchequer in Scotland; one One moiety moiety whereof to be for the use of his Majefty, his heirs, and to the crown, fucceffors, and the other moiety to him or them who will fue and the other for, profecute, and recover the fame, wherein no effoin, proto the profe- tection, or wager of law, fhall be allowed, nor any more than one imparlance; and fuch oath or certificate fo falfified, counterfeited, erased, or altered, shall be invalid, and of no effect. XIII. And, for the further encouragement of the exportation cutor, of tun allowed ported; of fpirits drawn or made in Great Britain from melaffes; be it enacted by the authority aforefaid, That from and after the faid An additional fixteenth day of June, one thousand feven hundred and fixty, drawback of there shall be an additional drawback or allowance of three 31. 10s. per pounds three shillings, for every tun of fuch spirits fo drawn or on all British made in Great Britain, which shall be exported for merchan- made fpirits dize to parts beyond the feas; and upon oath being made before drawn from any two or more of the respective commiffioners of excife, or melaffes, exjustices of the peace for the county or place from whence any oath being such spirits are intended to be exported, that the fame were made of the drawn or made in Great Britain from melaffes without any mix- truth thereof, ture with any other materials, either native or foreign; or in cafe fuch spirits (hall be rectified fpirits, then, upon oath made, that the fame were drawn or made in Great Britain from melaffes without any mixture with any other materials, either native of foreign, except what has been neceffary for the rectifying thereof; and also on oath made, that the duties of the fame are duly and of the paid, and that the fame are to be exported for merchandize to duties being be spent beyond the feas; and upon producing a certificate un- and certifiduly paid: der the hand or hands of the officer or officers of excife for the cate produced port or place where fuch fpirits were fhipped, of the quantities of the quantifo shipped, and that the fame were proof spirits, and fhipped in ty hipped, the prefence of fuch officer or officers, the diftiller or diftillers, and that the or other person or perfons exporting the fame, fhall be allowed proof spirits, or paid back, by the commiflioners of excife, or their collector &c. for the port or place where fuch fpirits fhall be thipped off, the faid additional drawback or allowance of three pounds three fhillings for every tun of such spirits fo fhipped off, and fo in proportion for any greater or lefs quantity. ? fame were forfeitures, drawback XIV. And be it further enacted by the authority aforefaid, The powers, That the faid act made in this prefent feffion of parliament, regulations, and all the powers, authorities, rules, regulations, limitations, and claufes, restrictions, penalties, forfeitures, claufes, matters, and things, &c. in the retherein contained or referred unto, relating to the drawback or cited act, reallowance thereby granted upon fpirits exported as merchandize, lating to the and the discharge or putting in fuit of the bonds to be taken by virtue of the faid act, and to the entring, fhipping, and due and ed on the exhereby grantregular exportation of fuch fpirits, and the landing and difpo- portation of fing of all and every part thereof in parts beyond the feas, and fpirits; and to the preventing of all frauds and abufes, and punishing of of- to the prefenders, fhall be exercifed, practifed, applied, ufed, impofed, venting or punishing levied, recovered, and put in execution, with respect to the frauds, &c. drawback or allowance hereby granted, and the melaffes fpirits extended to intended to be, or which thall be, entered for exportation by this act. virtue of this act, and for preventing, detecting, and punishing, frauds and abuses relating thereto, as fully and effectually to all intents and purposes, as if all and every the faid powers, authorities, rules, regulations, limitations, reftrictions, penalties, forfeitures, claufes, matters, and things, were particularly repeated and again re-enacted in this prefent act. XV. And be it further enacted and declared by the authority How the fines VOL. XXIII. aforefaid, and penalties gated, and ap. plied. are to be reco- aforefaid, That all fines, penalties, and forfeitures, impofed by vered, mitithis act, or to be incurred by virtue thereof, fhall be fued for, levied, recovered, or mitigated, by fuch ways, means, and me. thods, as any fine, penalty, or forfeiture, is or may be recovered or mitigated by any law or laws of excife (not otherwise directed by this act) or by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster, or in the court of exchequer in Scotland; and that one moiety of every such fine, penalty, or forfeiture, fhall be to his Majefty, his heirs, and fucceffors, and the other moiety to him or them who shall discover, inform, or fue for the fame. General iffue. XVI. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall be fued, molested, or profecuted, for any thing done by virtue or in pursuance of this act, such person or perfons thall and may plead the general iffue, and give this act and the special matter in evidence in his or their defence or defences; and if afterwards a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs fhall difcontinue his, her, or their action or actions, or be nonfuited, or judgment fhall be given against him, her, or them, upon demurrer, or otherwife, then fuch defendant or defenTreble cofts. dants shall have treble costs awarded to him, her, or them, against any such plaintiff or plaintiffs. Preamble. CAP. XXIX. An act to indemnify perfons who have omitted to qualify themselves for Preamble, reciting the feveral qualifying acts of 1 Geo. 1. 13 Car. 2. CAP. XXX. An act for widening certain streets, lanes, and passages, within the city of London, and liberties thereof; and for opening certain new streets and ways within the fame; and for other purposes therein mentioned. HEREAS Several streets, lanes, and passages, within the city of London, and the liberties thereof, are too narrow and incommodious for the passing and repaffing, as well of foot pasfengers as of coaches, carts, and other carriages, to the prejudice and inconvenience of the owners and inhabitants of houfes in and near the fame, and to the great hindrance of bufinefs, trade, and commerce: and whereas fuch defects might be remedied, and feveral new streets and ways be made within the faid city and liberties, to the great eafe, Lafety, the city, in Safety, and convenience, of passengers, and advantage of the publick in general, in cafe the mayor, aldermen, and commons, of the faid city, in common council affembled, were enabled to widen and enlarge the faid narrow streets, lanes, and passages, and to open and lay out fuch new Streets and ways; and for those purposes to purchase the feveral houfes, buildings, and grounds, which may be necessary to that end: wherefore, for promoting and encouraging a defign fo useful Power given and beneficial to the publick, May it please your most excellent to the mayor, Majefty, that it may be enacted; and be it enacted by the aldermen, and King's most excellent majefty, by and with the advice and con- commons of fent of the lords fpiritual and temporal, and commons, in this common present parliament affembled, and by the authority of the fame, council affemThat the mayor, aldermen, and commons, of the faid city, in bled, to widen common council affembled, shall have power and authority, not any of the only to widen and render more convenient fuch and fo much paffages menof the several streets, lanes, and paffages, mentioned and defcri- tioned in the bed in a schedule to this act annexed, intituled, The firft fche- firft fchedule; dule, in manner in the said schedule particularly mentioned, but and to open also to defign, make, `open, and lay out, fuch new ftreets, ways, fuch new ones and paffages, in the parts and places particularly mentioned and as are mentidescribed in another schedule to this act also annexed, intituled, oned and deThe fecond Schedule, in manner in fuch fecond schedule mentioned. streets and and lay out fcribed in the fecond fchedule; owners and II. And, for enabling the mayor, aldermen, and commons, of the faid city, in common council affembled, to effect the and in order purposes aforefaid, be it further enacted by the authority afore- thereto, they faid, That the mayor, aldermen, and commons, of the faid may treat and city, in common council affembled, fhall have full power and agree with the authority to treat and agree with the owners and occupiers of, occupiers, and all other perfons interested in, fuch houfes, buildings, &c. of fuch grounds, and estates, as fhall be neceffary to be purchased for grounds and the more effectual performance of any of the purpofes aforefaid, fhall be necef buildings as and to purchase and become poffeffed of the fame; and, upon fary for that payment of such fum or fums of money as thall be agreed upon purpose, for for fuch purchases, to caufe fuch houfes and buildings, or fo the purchase much thereof as fhall be neceffary to be pulled down, and fuch thereof, &c. grounds, or fo much thereof as fhall be neceffary to be laid into new ftreets, ways, and paffages, or in, for, or towards, the widening, enlarging, or improving, any of the prefent ftreets, ways, and paffages, defcribed in the two schedules hereunto annexed; and this act thall be fufficient to indemnify them the and they are mayor, aldermen, and commons of the faid city, in common indemnified council assembled, their agents, workmen, officers, and fervants, for fo doing. and all perfons acting by or under their authority, against the heirs, executors, adminiftrators, or affigns, of any of the faid owners or occupiers, as if the fame had been fold and conveyed by deed of feoffment, bargain and fale, or other affurance in the law whatfoever. III. And be it further enacted by the authority aforefaid, Bodies poliThat it shall and may be lawful to and for all bodies politick, tick, corpocorporate, or collegiate, corporations aggregate or fole, truftees rate, and col and legiate, and al G 2 |