therein, sol.

each ;

and the vend

s the 1st of the

veying or importing into this kingdom, any such ribbands, laces, or girdles, as aforefaid, fhall feverally forfeit and pay the fum of fifty pounds, over and above any intereft which he, the, or they may have, or may have had, in any fuch ribbands, laces, or girdles.

II. And be it further enacted by the authority aforefaid, That ers, retailers, all and every person and perfons, being a vender or venders, nd perfons retailer or retailers, of any kind of ribbands, laces, or girdles, Concealing the , forfeit, refpectively, in whofe cuftody or poffeffion any fuch ribbands, laces, or girdles, or any of them, fhall be found, or who fhall fell or expofe to fale, any fuch ribbands, laces, or girdles, as el sol. aforefaid, or who fhall conceal any fuch ribbands, laces, or girdles, with intent to prevent the forfeiture or feizure of the fame, thall, over and above the forfeiture and loss of such ribbands, laces, and girdles, and all intereft which he, the, or they, may have therein, for every fuch offence, forfeit and pay the fum of fifty pounds.

One mog of the fal nalties to go

to the King, and the other

to the profe

cutor,

to be recover

III. And be it further enacted by the authority aforefaid, That all pecuniary forfeitures and penalties incurred under this act, fhall be paid, one moiety to our fovereign lord the King, his heirs, and fucceffors, and the other moiety to him or them who will fue or profecute for the fame refpectively; fuch of the faid penalties which shall arise in that part of Great Britain called ed in any of England, to be fued and profecuted for in any of his Majesty's the courts at courts of record at Westminster, by action of debt, bill, plaint, Weftminster, or information, in which no effoin, protection, or wager of law, or more than one imparlance, fhall be allowed; and fuch of them as shall arife in that part of Great Britain called Scotland, or Exchequer to be fued and profecuted for in the court of Exchequer at Edinburgh, in fuch manner as any penalties and forfeitures for offences against the laws touching the customs may be fued or profecuted for there respectively.

in Scotland.

Where the

IV. Provided always, and be it alfo further enacted by the value of the authority aforefaid, That whenever fuch ribbands, laces, and goods fo feiz. ed out of Lon- girdles, fhall be found and feized in that part of Great Britain don and Weft- called England, and out of the cities of London and Westminster, minster, do and the limits of the weekly bills of mortality, and the fame not exceed fhall not exceed in value the fum of twenty pounds, it shall and 201. Two juftices may be lawful for two or more of his Majefty's juftices of the may proceed peace for fuch county, city, borough, or place, where the fame to condemna- fhall be fo found and feized, upon any information before them, tion, or dif that fuch ribbands, laces, or girdles, were feized as ribbands, charge there laces, or girdles, unduly brought into, and not manufactured within, this kingdom, to hear and determine the fame, and to proceed to condemnation or difcharge thereof, as fhall seem juft; any thing herein before contained to the contrary notwithftanding.

of.

J

V. And, for the utter prevention of all and every such ribbands, laces, and girdles, feized and condemned as aforefaid, from ever being made ufe of to the prejudice of the trade and manufactures of this kingdom, be it further enacted by the

authority

authority aforefaid, That all and every fuch ribbands, laces, After conand girdles, after condemnation thereof, fhall, by order of the demnation the court, judge or judges, or juftices, where or before whom fuch goods to be burnt, condemnation fhall be had, be publickly burnt and entirely de- fufpending the ftroyed; but the execution of fuch order fhall, and may be fuf- execution pended for fo long time only as may be thought juft and meet, till profecuthereof only for the better attaining the ends of juftice, with regard to any tion of the pefuit or prosecution had, or to be had, for the recovery of any nalties. pecuniary penalty or penalties by this act inflicted.

ed, 'till con

ware-houses,

hand of the

VI. Provided always, and it is hereby further enacted by the The goods, authority aforefaid, That forthwith, after the feizure of any after feizure, fuch ribbands, laces, or girdles, as aforefaid, the fame, until to be depofitthey fhall be condemned, burnt, and deftroyed, as aforefaid, demnation, or or difcharged as unduly feized, fhall be depofited in one of the difcharge, in King's ware-houfes belonging to the cuftom-house, in cafe fuch the King's feizure happens to be within the cities of London or Weftminster, if the feizure or the weekly bills of mortality, where the same shall be receiv- be made withed and admitted at all times by the proper officer or officers in the bills of there, who is and are hereby impowered and required to re- mortality, ceive and preferve the fame until they fhall be condemned, burnt, and destroyed, or difcharged as aforefaid; and in cafe if elfewhere, fuch feizure fhall be made out of the faid cities of London and then in the Westminster, and the weekly bills of mortality, then the fame chief magifhall be depofited in the hands of the chief magiftrate of fuch ftrate, city, town, or place, where the fame fhall be feized, or in the hands of the conftable of the next adjacent village, who is and or constable are hereby impowered and required to receive and preferve the fame, until they fhall be condemned, burnt, and destroyed, or discharged as aforefaid; and all and every fuch ribbands, laces, and to be free and girdles, may, from time to time, be viewed and infpected to infpection. by any perfon or perfons, on behalf of the profecutor or pro- court, &c. fecutors, or of the perfon or perfons interested in, or claiming, the faid ribbands, laces, and girdles, with the leave of the court, officers, judges, or juftices, where or before whom any profecution or fuit fhall be carried on for condemnation thereof, or for recovery of any penalty by this act inflicted, who are and is hereby required to make and give fuch order, from time to time, for that purpose, as may be juft and reasonable.

with leave of

VII. And, for the better difcovering and detecting any offender or offenders against this act, be it enacted by the authority aforefaid, That upon an information in writing made upon Upon inforoath before any two or more of his Majefty's juftices of the mation given in upon oath peace for the refpective county, or place (which information before 2 jufhall be figned by the party or parties making the fame) that ftices, fearch there is good ground and reafon to fufpect that fuch ribbands, warrants may laces, or girdles, as aforefaid, have been imported into this be granted; kingdom, and are concealed by, or are in the poffeffion or cuftody of any retailer or feller of any kind of ribbands, laces, or girdles, contrary to the true intent of this act, it fhall and may be lawful for fuch juftices refpectively, to iffue their warrant or warrants to any conftable or conftables, or other peace

74

officer

and feizure made of fuch goods as fhall thereupon be found.

officer or officers, within the faid county or place, impowering him or them to fearch, in the day-time, the house or houses, out-house or out-houses, ware-houses, fhops, cellars, rooms, and other places, belonging to, or hired, employed, or made ufe of, by fuch retailer or feller who shall be fufpected to conceal or have in his, her or their poffeflion or cuftody, any ribbands, laces, or girdles, not made or manufactured within Great Britain; and if any fuch ribbands, laces, or girdles, not being made or manufactured within Great Britain, fhall be found, to feize and carry away the fame, for the purpose of carrying this act into execution, and to dispose thereof as is herein before directed."

VIII. And be it further enacted by the authority aforefaid, That if any action or fuit fhall be commenced against any perfon or perfons for any thing done in pursuance of this act, the defendant or defendants in fuch action or fuit, may plead the General issue. general iffue, and give this act, and the fpecial matter, in evidence, at any trial to be had thereupon, and that the fame was done by the authority of this act; and if it fhall appear to have been fo done, then the jury fhall find for the defendant or defendants; and if the plaintiff fhall be nonfuited, or discontinue his action, after the defendant or defendants fhall have appeared; or if judgment fhall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants fhall recover Treble cofts. treble cofts, and have the like remedy for the fame, as defendants have in other cafes by law.

Defendant, with leave,

IX. Provided always nevertheless, and it is hereby enacted, That in every fuch action, it fhall and may be lawful for the may pay mo- defendant or defendants, by leave of the court where fuch hey into court. action fhall be depending, at any time before iffue joined, to pay into court fuch fum of money as he or they fhall fee fit, as amends for the matter or cause complained of in fuch action; whereupon fuch proceedings, orders, and judgments, fhall and may be had, made, and given, in and by fuch court, as in other actions where the defendant is allowed to pay money into

court.

X, And be it further enacted by the authority aforefaid, That In doubts if any ribbands, laces, or girdles, wrought of filk alone, or with respect to the place of filk mixed with any other materials fhall be feized by virtue where the and in pursuance of this act, and any doubt or question fhall goods were afterwards arife, where the faid ribbands, laces, or girdles, fo manufactur ed, the onus wrought as aforefaid, were manufactured, the proof thall lie probandi to lie upon fuch perfon or perfons, being a vender or venders, reon the perfon tailer or retailers, of any kind of ribbands, laces, or girdles, refpectively, in whofe cuftody or poffeffion the fame were found, Rody they are and not upon the profecutor or profecutors, plaintiff or plaintiffs; and in cafe no fuch proof fhall be given, that fuch ribbands, Jaces, and girdles, were manufactured within Great Britain, then the fame fhall, without any further proceeding, be taken and held to have been manufactured out of Great Britain, and

in whose cu

tound.

contrary

contrary to, and in violation of, this act; any law or custom

to the contrary notwithstanding.

vender,

XI. Provided always, and it is hereby declared, That if any Perfons in fuch perfon or perfons, in whose cuftody or poffeffion any fuch whofe cuftody fuch goods ribbands, laces, or girdles, as aforefaid, fhall be feized by virtue shall be feized and in purfuance of this act (fuch perfon or perfons not im- (not importing or concealing the fame) fhall difcover, upon oath, be- porting or fore any one or more juftice or juftices of the peace, the perfon concealing or perfons who fold fuch ribhands, laces, or girdles, to fuch the fame) dif perfon or perfons, in whofe cuftody or poffeffion the fame fhall covering the be feized, fo as that fuch perfon or perfons fo felling the fame fhall or may be profecuted and convicted according to the intent of this act, as the feller thereof, in cafe the fame fhall be, or be taken and held to be, within the intent and meaning of this act, manufactured out of Great Britain; fuch perfon or are discharged perfons so discovering as aforefaid, fhall be, and is and are here- from the peby freed and discharged of and from all and every penalties and nalty themforfeitures by this act inflicted, upon all and every person and perfons being a vender or venders, a retailer or retailers, having in their cuftody or poffeffion, any such ribbands, laces, or girdles, as aforesaid, not made or manufactured in Great Britain, and of and from any proof that fuch ribbands, laces, or girdles, fo feized as aforefaid, are manufactured in Great Britain.

felves.

XII. Provided alfo, and it is hereby further enacted by the The wearers authority aforefaid, That nothing in this act contained, fhall of such ribextend, or be in any wife conftrued to extend, to subject any bands, laces, perfon or perfons whatsoever, who fhall wear or make ufe of or girdles, are fuch ribbands, laces, or girdles, as aforefaid, as part of his, her, from all for exempted or their apparel or drefs only, to any forfeiture, or to any pecu- feiture and niary penalty or penalties inflicted by this act, or to any proof penalty. that fuch ribbands, laces, or girdles, are manufactured within Great Britain.

CAP. XXII.

An act for the further improvement of his Majesty's revenue of customs; and for the encouragement of officers making feizures; and for prevention of the clandeftine running of goods into any part of his Majefty's dominions.

WHER

HEREAS by an act passed in the twelfth year of the reign of Preamble, rehis late Majefty King George the First, intituled, An act citing claufe for the improvement of his Majefty's revenues of cuftoms, ex- in act 12 G. 1. cife, and inland duties, the commiffioners of those revenues are repectively impowered and directed to caufe all tea, coffee, foreign brandy, rum, or other foreign excifeable liquors, which shall be feized by any officers of the customs or excife, after condemnation, to be publickly fold to the best bidder, at fuch places as the faid commiffioners hall think proper; and to allow the officers making fuch feizures, for their encouragement, one third part of the full fum arifing from the publick fale of all fuch tea, coffee, foreign brandy, rum, or other exfifeable liquors, free from all charges of condemnation and fale; and to

caufe

taufe the remaining part of the produce of fuch fales, after paying the reward to the officer, and the charges of condemnation and fale for fuch feizures, to be paid into the receipt of his Majesty's exchequer, in lieu of his Majesty's moiety, as was then practifed: and whereas by feveral fubfequent acts of parliament, one moiety of all fines, penalties, and forfeitures, impofed by an act relating to the duties of excife, or any other duty under the management of the commiffioners of that revenue, is given to his Majefty; his heirs, and fucceffors, and the other moiety to him or them who shall difcovers inform, or fue for the fame; in purfuance of which laws the officers of excife feizing any of the commodities herein before enumerated, have been allowed a moiety thereof; but the provifions in thofe fubfequent laws, not extending to fuch feizures when made by officers of the customs, they have hitherto been allowed only one third of the produce thereof, purfuant to the directions of the before-recited act of the twelfth of George the Firft: and whereas the power given by the faid recited act to the respective commiffioners of the customs and excife, to cause the goods therein enumerated to be publickly fold, has been found very advantageous to the revenue; and if the like power was extended in general to all forts of goods, it would prevent many frauds, and illicit combinations practised by bidders in the court of Exchequer, to the great detriment of the publie revenue and the fair trader: and whereas, it is highly reasonable and juft, as well as of public utility, that the officers of the customs and excife should have equal encouragament to be vigilant in the exertion of their duty, to fuppress the pernicious practice of fmuggling; to which end, may it therefore pleafe your Majefty, that it may be enacted; and be it enacted by the King's most excellent Majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the first day of May, one thousand seven hundred and fixty-three, it fhall and may be by the officers lawful to and for the commiffioners of his Majefty's customs, to caufe all fhips, veffels, and boats, and all goods of what publickly fold, kind foever they may be (excepting only fuch veffels, boats, after condem- and goods, as are by law liable to be burnt) which fhall be beft bidder, at feized by any officers of the customs, for unlawful importation, fuch places as or for non-payment of duties, or for any other caufe of forfei the commif- ture, and condemned according to law, to be fold publickly to fioners of the the beft bidder, at fuch places as the faid commiffioners thall customs fhall think proper; and all and every officer who fhall feize fuch One moiety goods, fhall, for his and their encouragement, be allowed by the faid commiffioners, one moiety of the net produce arifing duce to go to by the fale of fuch feizure, after deducting the charges of conthe faid offi- demnation and fale from the whole; and the faid commiffioners fhall cause the other moiety thereof to be paid into the receipt of his Majefty's exchequer, in lieu of his Majefty's fhare thereof (excepting in those cafes which are otherwife provided for by this act) any law, cuftom, or ufage, to the contrary notwithftanding.

Veffels or

goods feized

of the cuftoms, to be

think proper.

of the pro

other to be

paid into the exchequer.

II. Provided always, and it is hereby declared and enacted by the authority aforesaid, That after deducting the charges of condemn