Page:Ruffhead - The Statutes at Large - vol 4.djvu/610

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..|58 C. 19. Anno decimo A n n i?^. Reglns. A. D. T711. Xrokers not to • take above zs. .0 d. per Ctint. on 'TCbriimiffioners .snd Officers to ^c rvyom. impowered to adminifler) and to give Judgment or Sentence accordingly ; and where the Party accufcd ihall be convifted of fuch OfFence, either by the View of the faid Juftices, or either of them, or upon fuch , Information, as aforefaid, to award and iffue Warrants for the levying any pecuniary Penalty or Penal- ties fo adjudged, on the Goods of the Offender, and to caufe Sale to be made thereof, in cafe ihey fhall not_ be redeemed within fix Days, rendring to the Party the Overplus, if any ; and where Goods of fuch Offender cannot be found, to commit fuch Offender to Prifon, there to rem.ain until fuch pecuniary Pe- '■■pcrfons ag- nalty fhall be paid and fatisfied : And if any Party fhall find himfelf or herfelf aggrieved, or remain un- gricved may ap- fatisfied in the Judgment of the faid Jtifl-ices, then he, fhe, or they fhall and may, by virtue of this Aft, ter S^ffions?"""" ^^n^p'^in or appeal to the Juftices of the Peace at the next Qiiarter-SefTions for the County, Riding, Shire, - or Place, wherein fuch Offence fhall be committed ; who are hereby impowered to fummon and examine 'WitnefTes upon Oath, and finally to hear and determine the fome,. and in cafe of Convifton, to iffue War- rants for levying or compelling, by fuch Means, as aforefaid, the Payment of the faid Penalties. Pro- ■jjiift'ices-maymi- vided neverthelefs. That it fhall and may be lawful to and for the faid refpeftive Juflices, where they fhall ttigate Penalties, fee Caufe, to mitigate or leffen any fuch Penalty, in fuch Manner as they in their Dif:retion fliall think fit, the reafonable Colls and Charges of the OiBcers or Informers being always allowed over and above fuch Mitigation, and fo as fuch Mitigation do not reduce the Penalty to lefs than one fourth Part thereof over and above the faid Cofl: and Charges ; any thing contained in this Aft to the contrary notwith- ftanding. CXXI. And be it enafted by the Authority aforefaid, That all and every Perfon and Perfons, who fliall he iinployed as a Broker or Brokers, Sollicitor or Sollicitors, or otherwife, in the Behalf of any other Per- forfaujreof'aoh '°" '^ ^^^"^s t° make any Bargain or Contraft for the buying or felling of any tallies, Orders, Ex- "■chequer Bills, Exchequer Tickets, Bank Bills, or any Share or Intereft in any Joint Stock erefted by Aft -of Parliament, or by Letters Patents under the Great Seal, or Bonds of any Company thereby erefted, ■who fhall, after the firft Day of /lUfi^vJI one thoufand feven hundred and twelve, take or receive, direftly or indireftly, any Sum or Sums of Money, or other Reward, exceeding the Sum of two Shillings and nine Pence for every hundred Pounds, and fo in Proportion for any greater or leffer Sum, for his or their Ser- x'icc in folliciting or procuring fuch C' ntraft or Bargain, fnall forfeit for every fuch Offence tv/enty Pounds, with Full Cofts of Suit, to fuch Perfons as fliall fue for the fame, by Aftion of Debt, Bill, Plaint, or Information, in any of her Majefty's Courts of Record at Wcftmlnjhr^ in which no Effoin, Proteftion, or Wa«r of Law, or more than one Imparlance fhall be allowed. CXXII. Provided always, and it is hereby enafted by the Authority aforefaid, That every Perfon, who fliall be appointed a Commiffioner for all or any the Duties granted by this Aft, and every fubordinate -Officer under fuch Commiffioners, v.'ho fhall receive any Salary or Allowance in Refpeft of his Office^ (the ^feveral Commh'fioners and Officers of the Cuftoms excepted) fhall before his afting in his refpeftive Truff, •take an Oath for his due and faithful Execution of the fame, according to this Adt, which Oath fhall ard ■may be adminiftred to any fuch Commiffioner by any other Perfon who fliall be appointed a Commiffioner, -as aforefaid, and to the faid Officers refpeftively by any one of the faid Commiffioners, or by one Juflice ■of the Peace, who fhall give to the Officer a Certificate thereof ^ra//V. . CXXIII. And it is hereby enafted. That if any Perfon or Perfons fhall be fued, molefled or profecuted for any thing done by virtue or in purfuance of this Aft, fuch Perfon and Perfons fhall and may plead the General Iffue, and give this Aft and the fpecial Matter in Evidence ; and if afterwards a Verdift fhall pafs for the Defendant or Defendants, or the Plaintiff fhall difcontinue his Aftion, or be nonfuited, or Judg- ment fhall be given againff him upon Demurrer, or otherwife, then fuch Defendant or Defendants fliall ■have treble Cofts to him or them awardsd againff fuch Plaintiff. CXXIV. And to the end all the faid Rates and Duties upon Sope, Paper, chequered and flriped Linens,

and upon printed, painted, ftained, or dyed Goods, and upon flampt Vellum, Parchment, and Paper, or

otherwife howfoever before granted by this Aft, may be duly and certainly raifed, and the fame (except the neceffar.y Charges of executing this Aft) may be juftly and duly brought into thefaid Receipt of Exche- quer, according to the true Meaning hereof ; it is hereby enafted by the authority aforefaid. That, from time to time, during the Continuance of this Aft, there fhall be appointed fuch ajid io many Contmiffioners. and OfScers as fhall be proper and neceflary for managing, raifing, collefting, and paying the faid feveral Rates and Duties herein before granted, and for keeping and rendring the Accounts of the fame, and thnt • the refpeftive Commiffioners and Officers concerned therein, fhall perform their feveral Duties, in relation to the Premiffes, as to them refpeftively fhall appertain, under fuch and the like Penalties, Forfeitures and Difabilities, for any Offence or Neglcft therein, or for detaining, diverting, or mifapplying any Part of the Monies arifing by the faid Rates and Duties, as are prefcribed and to be infiifted by virtue of an Aft . of Parliament made and paffed in the ninth Year of the Reign of his late Majefty King William the Third, intituled, An ACt for raifing a Siim, not exceeding tico A<fil!iotis, upon a Fund for Payjncnt of An-- ■nuities, after the Rate 0/ eight Pounds per Centum per Annum, and for fettling the Trade to the Eaft Indies,- for the like Offence orNegleft relating to the Duties thfreby granted or referred unto, cr for detaining, ■diverting, or mifapplying any Part of the Monies, which were granted or appropriated by the Aft lafi- mentioned. CXXV. And be it enafted by the Authority aforefaid. That yearly and every Year, during the Term of thirty-two Years, reckoning the firft Year to begin from the nine and twentieth Day of September one thoufand feven hundred and twelve, the full Svim of one hundred fixty-eight thoufand and three Pounds, by or out of the Monies, to arife by the feveral Duties, Rates, and Sums of Money by this Aft herein be- fore granted or appropriated, or any of them, and to be brought into the Receipt of the Exchequer, as aforefaid, (in cafe the fame fhall extend thereunto) fhall be computed and reckoned to be a yearly Fund; and in cafe all the Monies arifing into the Exchequer for the fame Duties, Rates, and Sums of Mon':y, £0 granted or appropriated, fliall not amount to the Sum of one hundred fixty-eight thoufand and three 4- . Pounds fGcneriil 'Iffue. CoTDm^fHoners . ,ani) ©fHcers~to le ajipointed, who are to be tiiable to the ASc 9S: 10 W. .3' '=• ■54- ■ifSoo^l. to be •the yeaily Fund ■for clearing off ■the Principal Sum of 2-',4!74ol. with Siitereft 6 1. per Cent.