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for the purposes herein after expreffed, at fuch time and in fuch and to be en- manner, as any former duties on ftamped vellum, parchment, tered feparate or paper, are directed to be paid; and that in the office of the and apart auditor of the faid receipt, fhall be provided and kept a book from all other or books, in which all the monies arifing from the rates and monies.

Officers to obferve the rules prescribed them by the treasury.

No fees to be taken by them.

Officer neglecting his duty, liable to pay damages, with treble cofts.

Penalty on officer's guilty of a breach of trust;

or mifapply ing any of the monies.

Powers, &c. granted by former acts,

extended to this act.

duties hereby granted and paid into the faid receipt as aforefaid, fhall be entered feparate and apart from all other monies paid and payable to his Majefty, his heirs, and fucceffors, upon any account whatsoever, and shall be applied in such manner as is herein after mentioned.

VI. And be it further enacted by the authority aforesaid, That the faid commiflioners, and all other officers who fhall be employed in the collection or management of the faid rates and duties herein before granted, fhall, in the execution of their offices, obferve and perform fuch rules and orders as they refpectively fhall, from time to time, receive from the high treasurer or the commiffioners of the treasury, or any three or more of them, for the time being; and that no fee or reward fhall be taken or demanded by any fuch commiffioners or officers from any of his Majesty's fubjects, for any matter or thing to be done in pursuance of this act; and in cafe any officer employed in the execution of this act, in relation to the said rates and duties, shall refuse or neglect to do or perform any matter or thing by this act required or directed to be done or performed by him, whereby any of his Majesty's fubjects fhall or may sustain any damage whatsoever, fuch officer fo offending thall be liable, by any action to be founded on this statute, to answer to the party grieved all fuch damages, with treble cofts of fuit.

VII. And be it further enacted by the authority aforefaid, That the faid commiffioners and their officers (hall be subject to fuch penalties and forfeitures, for any breach of the trufts in them repofed, or for diverting or mifapplying the money received in purfuance of this act, as by any former law relating to ftamped vellum, parchment, or paper, are inflicted; and that all powers, provifions, articles, claufes, penalties, forfeitures, diftribution of penalties and forfeitures, and all other matters and things prefcribed, inflicted, or appointed, by any former act or acts of parliament relating to the stamp duties on vellum, parchment, and paper, and not hereby altered, fhall be in full force and effect, with relation to the rates and duties hereby imposed; and shall be applied, and put in execution, for the raifing, levying, collecting, and fecuring, the faid rates and duties, according to the true intent and meaning of this act, as fully to all intents and purpofes, as if the fame had severally and refpectively been herein enacted with relation to the rates and duties hereby impofed.

VIII. And be it further enacted by the authority aforefaid, Penalty of counterfeiting That if any perfon, from and after the faid fifth day of July, or forging any fhall counterfeit or forge, or procure to be counterfeited or forgof the stamps, ed, any feal, ftamp, or mark, to refemble any feal, ftamp, or mark, directed or allowed to be used by this act for the purpose of denoting the duties hereby granted; or fhall counterfeit or refemble,

resemble the impreffion of the fame with an intent to defraud his Majefty, his heirs and fucceffors, of any of the said duties ; or fhall utter, vend, or fell, any vellum, parchment, or paper, forged itamps, or vending liable to any such stamped duty, with fuch counterfeit stamp or mark, knowing the fame to be counterfeit; or fhall privately or privately or or fraudulently ufe any feal, ftamp, or mark, directed or allow-fraudulently ed to be used by this act, with intent to defraud his Majefty, feal, to deusing the real his heirs, and fucceffors, of any of the faid duties; every per- fraud his Mafon fo offending, and being thereof lawfully convicted, thall be jelty, adjudged a felon, and fhall fuffer death as in cafes of felony, is felony. without benefit of clergy.

augmentation

IX. And be it further enacted by the authority aforefaid, The feveral former duties, That the duties hereby granted, and the duties arifing by virand those tue of the faid former act made in the thirty fecond year of his hereby grantlate Majefty's reign, and in the second year of his prefent Ma- ed, made a jesty's reign, fhall be and are hereby made one joint fund for joint fund anfwering and paying, in fuch manner and proportions as are for paying the in the faid feveral acts directed and appointed with refpect to to the judges the duties thereby granted, all fuch fums of money as fhall be- falaries come due and payable from and after the faid fifth day of July, established by in pursuance of the faid feveral acts, to the puifne judges in the the recited court of King's Bench, the judges in the court of Common Pleas acts of 32 Gen. at Westminster, the chief and other barons of the coif in the 3. court of Exchequer at Westminster, the chief and fecond justices of Chester, and the juftices of the great feffions for the counties in Wales, for the time being refpectively; and if any furplus Surplus mofhall remain of the produce of the faid fund, the fame fhall (ex- ferved for the cept the money herein after authorized to be paid thereout) be disposition of referved for the difpofition of parliament, in fuch manner as any parliament; furplus of the duties granted by the faid feveral acts are thereby refpectively directed to be referved.

2 and 2 Geo.

ney to be re

of the faid fa5

X. And be it further enacted by the authority aforefaid, That first paying out of any of the furpluffes which fhall arife upon the faid funds thereout eftablished for payment of the faid augmentation, and upon the 3,6251. in faid additional itamp duties hereby granted, after the payments augmentation charged thereupon are, from time to time, fatisfied, a fum not laries from exceeding three thousand fix hundred and twenty five pounds, Jan. to 5 July, fhall be paid and applied in augmentation of the falaries of the 1759. faid judges and juftices, from the fifth day of January, one thoufand feven hundred and fifty nine, to the fifth day of July, in the fame year, according to the proportions appointed by the faid act of the thirty fecond year of the reign of his faid late Majefty, with refpect to the augmentation therein mentioned.

blished by act

10 Annæ, in

XI. And be it further enacted by the authority aforefaid, 2,100l. to be That out of any of the duties and revenues in that part of Great paid out of Britain called Scotland, which by an act made in the tenth year the fundseftaof the reign of Queen Anne, were charged or made chargeable with the payment of the fees, falaries, and other charges, al- Scotiand, lowed, or to be allowed, by her Majefty, her heirs, or fuccef-, fors, for keeping up the courts of feffion and jufticiary, and exchequer court in Scotland, a fum not exceeding two thousand

Hh 3

ORC

one hundred pounds, fhall be paid and applied, in augmentation of the falaries of the judges in the faid courts of feffion and exin augmentation of the chequer, from the faid fifth day of January, to the faid fifth judges falaries day of July, one thousand feven hundred and fifty nine, accordthere, from 5 ing to the proportions appointed by the faid act made in the thirty Jan, to 5 July, fecond year of the reign of his faid late Majefty, with refpect to the augmentation thereby granted of the falaries of the faid judges.

1759.

XII. And it is hereby enacted by the authority aforefaid, That if any perfon or perfons fhall, at any time or times be fued or profecuted for any thing by him or them done or to be done or executed in purfuance of this act, or of any matter or thing in this act contained, fuch perfon or perfons fhall and may General iffue. plead the general iffue, and give the special matter in evidence for his or their defence; and if, upon the trial, a verdict shall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall become nonfuited, then fuch defendant or defendants Treble cofts. fhall have treble cofts to him or them awarded against fuch plaintiff or plaintiffs.

Preamble.

CAP. XLVIII.

An att for prohibiting the importation of foreign manafactured filk stockings, filk mitts, and filk gloves, inte Great Britain and the British dominions; and for rendering more effectual an act passed in the third year of the reign of his prefent Majefty, for explaining, amending, and rendering more effectual, an act made in the nineteenth year of the reign of King Henry the Seventh, intituled, Silk Works.

HEREAS the importation of foreign manufactured filk flockings, filk mitts, and filk gloves, into Great Britain, and the British dominions, is greatly prejudicial to the trade and manu factures of this kingdom, and tends to the depriving of his Majefty's Jubjects of the means of fupporting themselves and their families; for remedy whereof, may it please your Majefty that it may be enacted; and be it enacted by the King's most excellent majesty, 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 if any foreign manuForeign manufactured factured filk stockings, filk mitts, or filk gloves, fhall from and filk stockings, after the twenty fourth day of June, one thousand seven hundfilk mitts, or dred and fixty five, be imported, brought, or conveyed, into filk gloves, this kingdom, or any part of the British dominions, the fame are prohibited to be import fhall be, and are hereby declared to be, forfeited, and fhall be liable to be searched for and feized, in like manner as other proJune, 1765 on hibited and uncustomed goods are, and fhall be difpofed of as penalty of is herein after mentioned; and every perfon or perfons who forfeiture, fhall bring, convey, or import, or shall cause to be brought, conveyed, or imported, into this kingdom, or any part of the

ed after 24

Britife

therein or

British dominions, any fuch filk stockings, filk mitts, or filk and the pergloves, or fhall be aiding, abetting, or affifting therein, or be- fons affifting, ing a vender or venders, retailer or retailers, of any kind of filk ftockings, mitts, or gloves, in whofe cuftody or poffeffion any whofe cuftody fuch foreign manufactured filk stockings, filk mitts, or filk gloves, fuch goods fhall be found, or who fhall fell, or expofe to fale, any fuch filk fhall be found ftockings, filk mitts, or filk gloves, or who fhall conceal any them to fale, or expofing fuch filk ftockings, filk mitts, or filk gloves, with intent to pre- &c. vent the forfeiture or seizure of the time, fhall, over and above the forfeiture and lofs of fuch filk ftockings, filk mitts, and filk forfeit alfo gloves, and all intereft which he, fhe, or they, may have there- 2001. in, for every fuch offence, forfeit and pay the fum of two hundred pounds, together with cofts of fuit.

II. Provided always, and be it further enacted by the autho- Where fuch rity aforefaid, That if any fuch filk ftockings, filk mitts, or filk goods fhall be found, and gloves, fhall be found and seized in that part of Great Britain feized out of called England, out of the cities of London, and Weftminster, and London, or the limits of the weekly bills of mortality, and the fame fhall weekly bills not exceed in value the fum of twenty pounds; it fhall and may not exceeding be lawful for two or more of his Majesty's justices of the peace two juftices 201. in value; for fuch county, city, borough, or place, where the fame thall for the county be fo found and feized, upon information before them that fuch or place may filk ftockings, filk mitts, or filk gloves, were feized as filk ftock- proceed to ings, filk mitts, or filk gloves, unduly brought into, and not or discharge manufactured within this kingdom, to hear and determine the thereof. fame, and to proceed to condemnation or discharge thereof, as fhall feem juft, any thing herein before contained to the contrary notwithstanding.

condemnation

to be depofit

if made elle

III. And be it further enacted by the authority aforefaid, That Seizures, if forthwith after the feizure of any fuch filk ftockings, filk mitts, made within or filk gloves, as aforefaid, the same shall be depofited in one of London or the King's warehouses belonging to the cuftom-houfe, in cafe Weftminster, fuch feizure happens to be within the cities of London or Weft- or weekly bills minfter, or the weekly bills of mortality, where the fame fhall ed in the be received and admitted at all times by the proper officer or King's wareofficers there, who is and are hereby impowered and required to houfes; receive and preserve the fame; and in case such feizure fhall be where, to be made out of the faid cities of London, and Westminster, and the depofited with weekly bills of mortality, then the fame fhall be depofited in the the chief ma hands of the chief magistrate of such city, town, or place where giftrate, or the same shall be seized, or in the hands of the conftable of the conftable. next adjacent village, who is and are impowered and required to receive and preferve the fame; and all and every fuch filk ftockings, filk mitts, and filk gloves, may, from time to time, be and to be viewed and inspected by any perfon or perfons, on behalf of the leave; profecutor or profecutors, or of the perfon or persons interested in or claiming the faid filk ftockings, filk mitts, and filk gloves, with the leave of the court, officers, judges, or justices, where, or before whom any profecution or fuit thall 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

Hb4

orders,

viewed with

fold for ex

portation to

ons;

for which fecurity is to be given,

orders, from time to time for that purpose, as may be just and reasonable; and after condemnation thereof in due courfe of law, and after con- all and every fuch filk ftockings, filk mitts, and filk gloves, fhall demnation, to be publickly fold to the beft advantage for exportation by the be publickly candle; and one moiety of the produce, or money arifing by the fale of fuch filk ftockings, filk mitts, and filk gloves, fhall be to foreign parts, the use of his Majefty, his heirs, and fucceffors, ; and the other not being any moiety thereof to the use of the officer or officers who shall seize of his Majef and fecure the fame; and no fuch filk ftockings, filk mitts, or ty's domini- filk gloves, fhall be confumed or used in this kingdom, but thall be exported again to fome port or place, not being any part of his Majesty's dominions, and fhall not be fold otherwife than on condition to be exported as aforefaid; and fuch filk stockings filk mitts, and filk gloves, fhall not be delivered out of the warehoufe or place wherein the fame fhall have been secured, until fufficient fecurity be first given to the King's majesty, his heirs, and fucceffors, which the commiffioners of his Majesty's customs are hereby impowered and required to take, that the fame, and every part thereof, fhall be exported as aforefaid, and not landed again in any part of his Majefty's dominions; which fecurities fhall be difcharged without fee or reward, upon certificate returned under the common feal of the chief magiftrate in any place or places beyond the feas, and out of his Majesty's dominions, or under the hands and feals of two known English merchants upon fuch place, that the goods were there landed; or upon proof by credible perfons, that fuch goods were taken by enemies, or perished in the feas; the examination and proof thereof being left to the judgement of the said commiffioners; which commiffioners are hereby impowered, from time to time to call upon the perfon or perfons who have entered into fuch fecurity, to produce fuch certificate or proof as aforefaid.

to be difcharged upon certificate of the due landing thereof,

or proof made

of their being taken by the

enemy, or

that they perifhed at fea.

Where there fhall be

grounds for fufpicion, and information

a justice, of

ed and con

IV. 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 oath before any two or more of his Majefty's juftices of the upon oath be peace for the refpective county or place (which information shall made and fub be figned by the party or parties making the fame) that there is fcribed before good ground and reafon to fufpect that fuch filk ftockings, filk any fuch goods mitts, or filk gloves as aforefaid, have been imported into this being import- kingdom, and are concealed by, or are in the poffeffion or cuftody of, any retailer or feller of any kind of filk stockings, filk mitts, or filk gloves, contrary to the true intent of this act ; it hall and may be lawful for fuch juftices refpectively, to iffue their warrant or warrants to any constable or conftables, or other for fearching peace officer or officers, within the faid county or place, impowfor and feizing ering him or them to fearch in the day-time the house or houses out houfe, or out-houfes, ware-houfes, fhops, cellars, rooms, and other places, belonging to, or hired, employed, or made ufe of by, fuch retailer or feller who fhall be fufpected to conceal or have in his, her, or their poffeffion or custody any filk ftockings, filk mitts, or filk gloves, not being made or manufactured

cealed by the he is to iffue

retailer,

his warrant

the fame.

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