Page:Ruffhead - The Statutes at Large - vol 3.djvu/366

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31 8 C. 7. Anno vicefimo Caroli II. A.D. 1 668. Times, and in fuch Manner, as the Overfeers of the Poor are appointed to account by the Statute made in 43 Eliz. c. I. the, three. and fortieth. Year of the Rei'gn of Quezn£ Hzabeth, Chapter the Second. Ships bringing V. Ar.J be it further enafted by the Authority aforefaid, That every Ship or VefTel, with all her Taclcle "^'*l*i,n ^"4ARP^i'-'i-i-n .which any great Cattle, Swine, Sheep, Beef, Pork or Bacon, from and after the four and twentieth Day of March in the Year of our Lord one thoufand fix hundred fixty and feven, fhall he im- ported from Ireland, or any other Parts beyond the Seas, into the Kingdom of England., Dominion of Wales^ or Town of JJeriuic-k upon Tiveed, and out of which they or any of them fhall be put on Shore there, fhall be forfeited : (2) And that it fhall and may be lawful to and for any Perfon or Perfons, within the Space of one Year after fuch Ilnportation, to take and feize the fame Ship or Veffel, with all her Tackle and Ap- parel, and to make Sale thereof to the beft Advantage ; and that one Half of tjie Monies to be raifed by ilich S'ale fli :11 be difpofed of to thi? Ufe of the Poor of the Parifh where the fame fliall be fo feized, the other Half to be to his or their Ufe that fhall fo feize the fame : (3) And alfo that it fhall and may be law-- ful to and for any Jullice of Peace of the County, or Chief Officer of the Port-Town in or near the Place where fuch Importation fliall be made, or where any of the Cattle, Sheep, Swine, Beef, Pork or Bacon fo imported fliall be driven or brought, by Warrant under the Hand and Seal of fuch Juftice of Peace or Chief Officer, to caufe to be apprehended all and every the Mafl:ers, Mariners and Seamen, having Charge The Seamen to of cir belonging to fuch Ship or VefTel in which fuch Importation fhall be made, (4) and all and every be apprehended, other Perfon and Perfons acting or imployed in the Landing, Driving, Attending on, or taking Care or Charge of the faid Cattle, Sheep, Swine, Beef, Pork or Bacon imported as aforefaid, and them to commit to the common Gaol of the faid County, there to remain without Bail or Mainprize for the Space of three Months. ^ , , . • VI. And be it further enafled and declared by the Authority aforefaid. That whenfoever and as often as it fhall happen, either through any fraudulent Agreement or unfaithful Connivance of any Conflable, Head- borough, Tithingman, Church-warden or Overfeer of the Poor, or that it fhall happen any otherwife how- foever, .that any great Cattle, Sheep, Swine, Beef, Pork or Bacon, after the firfl: Seizure of them, or any tryoniH -Sea ftiall be foiTeiu^d, feifed and fold The Money raifed thereby, one' Half to the Vo'^rj the other to the Informer or Seifor. Trial in the County where tlie Cjiife of AQion arifcs. and all others f:oncerned, -and fent to the com mon Gaol. If any Officer negledl to feife, another may take them and Half giving the of them, by Virtue of the aforefaid Aft, fhall be driven, brought, carried into or found in any other Parifh other to the or Place than where the fame fliall be firfi: feized, as aforefaid ; that then and fo often, and from Time to Poor. Time, it fhall and may be lawful to and for the Conftable, Tithingman, Headborough, Church-warden or Overfeer of the Poor of every or any fuch other Parifh or Place where fuch great Cattle, Sheep, Swine, Beef, Pork or Bacon fhall be brought, driven or carried into, or found, as aforefaid, to feize, take and dif- pofe the fame, and every or any of them as forfeited, the one Moiety thereof to the Ufe of the Poor of fuch other Parifh or Place where fuch Seizure fhall be made, the other to the Ufe of fuch Officer or Officers who - fliall feize the fame, as aforefaid ; any other or former Seizure or Seizures In any other Parifh or Pari/hes, place or Places notvvithflranding. t ,yil, And be it further enacted by the Authority aforefaid. That if any Aiflion, Bill, Plaint, Suit or In-. formation, is or fliall be commenced or profecuted againfl any Perfon or Perfons, for any Seizure or other Thing made or done, or to be made or done, by Virtue or Colour of this or the aforefaid Adt ; and upon the Trial of fuch AiSion, Bill, Plaint, Suit or Information, it fliall not be proved to the Jury that fhall try tlie fame, that the Caufe of fuch Action, Bill, Plaint, Suit or Information, did arife within fuch County where fuch Action, Plaint, Suit or Information is laid and tried, the Defendant and Defendants fhall be' found Not guilty, without having Regard to any Evidence given by or for the Plaintiff, Informer or Pro-' fecutor.

VIII. And be it further enafted by the Authority aforefaid, That if any Action, Bill, Plaint, Suitor

Information, hath been or fhall be commenced or profecuted againft any Perfon or Perfons, for any Seizure or other Thing done or made, or to be done or made, in Purfuance or Execution of this, or the aforefaid AiSt; fuch Perfon or Perfons fo fued in any Court whatfoever, may plead the General IfTue, and give this and the aforefaid Ai5t, and the fpecial Matter, in Evidence for their Excufe or Juftification : (z) And if the Plaintiff or Profecutor fhall become nonfuit, or forbear Profecution, or fuffer Difcontinuance, or if a Ver- dict pafs againfi him in any fuch Aflion, Bill, Plaint, Suit or Information, as aforefaid, the Defendant fliall have treble Cofts, for which they fliall have the like Remedy as in any Cafe where Cofts by the Law are given to the Defendaiit. IX. Provided always. That nothing in this A& fliall be conftrued to hinder the Importation of Cattle he IjJe of Man into this Kingdom of England, fo as the Number of the faid Cattle do not exceed fix hundred Head yearly, and that they be not of any other Breed than of the Breed of the IJJe of Man, and that they be landed at the Port of Chejhr, or (bme of the Members thereof, and not elfewhcre. Confederacy to ^_ ^j^j jj j^ ];ifijy enatSted, That if any Perfon or Peifons fhall wilfully and fraudulently confpire, con- Joci.rs'a Piffimu- federate or agree together, to avoid or evade the Seizures or Forfeitures upon Importation of Cattle or ,)ire. Goods in this prefent Act particulnrly fpecificd, and the fame fliall put in Execution ; then every fuch Per- fon and Perfons, being thereof lawfully indicted or prefented within one Year next after fuch Offence by bim or them committed, and being thereof lawfully convidfed or attainted at any Time after, according to the Laws of this Realm, fliall incur the Dangers, Penalties, Pains and Forfeitures, contained and provided in and by the Statute of Provifion and Pramunirc, made in the fixteenth Ye. r of the Reign of King Rich' ard the Second. General IITue Defendant to Ijave ttebie Cofts. piovifo to im- r>?"'//j^°"' from' -the Ida of Man, 16 R. Farther Proii'r Jiom ancfi'f'wg Catil^t 23 Car, 2 13, 32 Car, 2, c, 2, 3 If. S? M, c, 8. J W, ^ M, c, i, 31 Geo, 2. c, 40. anil 32 Cm. z. c, 1 1. CAP.