tered, to the best of his Knowledge and Belief; — AND every Person making a false Oath thereto shall be deemed guilty of a Misdemeanor, and shall be liable to the Pains and Penalties to which Persons are liable for a Misde meanor. - no Person No Person LXII. AND be it further enacted, That shall be admitted to enter a Claim to any Thing seized in pursuance of this Act, and prosecuted in any of the British Possessions in America, until sufficient Security shall have been given, in the Court where such Seizure is cuted, in a Penalty not exceeding Sixty Pounds, swer and pay the Costs occasioned by such Claim; - and in default of giving such Security, such Things shall be adjudged to be forfeited, and shall be condemned. - admitted to any Thing seized, unless Security first enter Claim for prose- given. to an Notice of Ac tion to be given to Officers. LXIII. AND be it further enacted, That no Writ shall A Month's be sued out against, nor a Copy of any Process served upon, any Officer of the Customs or Navy, or other Person as aforesaid, for any Thing done in the Exercise of his Office, - until One Calendar Month after Notice in Writing shall have been delivered to him, or left at his usual Place of Abode, by the Attorney or Agent to the Party who intends to sue out such Writ or Process; - in which Notice shall be clearly and explicitly contained the Cause of the Action, the Name and Place of Abode of the Person who is to bring such Action, and the Name and Place of Abode of the Attorney or Agent; and no Evidence of the Cause of such Action shall be produced, except of such as shall be contained in such Notice, and no Verdict shall be given for the Plaintiff, unless he shall prove on the Trial that such Notice was given ; and in default of such Proof, the Defendant shall receive in such Action a Verdict and Costs. LXIV. AND be it further enacted, That every such Action shall be brought within Three Calendar Months after the Cause thereof, and shall be laid and tried in the Place or District where the Facts were committed, and the Defendant may plead the General Issue, and give the Special Matter in Evidence; and if the Plaintiff shall become nonsuited, or shall discontinue the Action, or if upon a Verdict or Demurrer, Judgment shall be given against the Plaintiff, the Defendant shall receive Treble Costs, Actions to be brought within Three Months of the Cause of them. Judge may certify probable Cause of Seizure. Officer may tender Amends. Judge may certify probable fendant can have in other Cases where Costs are given by Law. LXV. AND be it further enacted, That in case any Information or Suit shall be brought to Trial on account of any Seizure made under this Act, and a Verdict shall be found for the Claimant thereof, and the Judge or Court before whom the Cause shall have been tried shall certify on the Record that there was probable Cause of Seizure, - the Claimant shall not be entitled to any Costs of Suit, — nor shall the Person who made such Seizure be liable to any Action, Indictment, or other Suit or Prosecution, on account of such Seizure; AND if any Action, Indictment, or other Suit or Prosecution shall be brought to Trial against any Person on account of such Seizure, wherein a Verdict shall be given against the Defendant, — the Plaintiff, besides the Thing seized, or the Value thereof, shall not be entitled to more than Two-pence Damages, nor to any Costs of Suit, nor shall the Defendant in such Prosecution be fined more than One Shilling. LXVI. AND be it further enacted, That it shall be lawful for such Officer, within One Calendar Month after such Notice, to tender Amends to the Party complaining or his Agent, and to plead such Tender in Bar to any Action, together with other Pleas; - and if the Jury shall find the Amends sufficient, they shall give a Verdict for the Defendant; and in such Case, or in case the Plaintiff shall become nonsuited, or shall discontinue his Action, or Judgment shall be given for the Defendant upon Demurrer, then such Defendant shall be entitled to the like Costs as he would have been entitled to in case he had pleaded the General Issue only: PROVIDED always, that it shall be lawful for such Defendant, by Leave of the Court where such Action shall be brought, at any Time before Issue joined, to pay Money into Court as in other Actions. LXVII. AND be it further enacted, That in any such Cause of Action. Action, if the Judge or Court before whom such Action shall be tried shall certify upon the Record that the Defendant or Defendants in such Action acted upon probable Cause, then the Plaintiff in such Action shall not be entitled to more than Two-pence Damages, nor to any Costs of Suit. Penalties. LXVIII. AND be it further enacted, That all - Penal- Recovery and ties and Forfeitures recovered in any of the British Posses- Application of sions in America under this Act, shall be divided, paid, and applied as follows; (that is to say), after deducting the Charges of Prosecution from the Produce thereof, - Onethird Part of the net Produce shall be paid into the Hands of the Collector of His Majesty's Customs at the Port or Place where such Penalties or Forfeitures shall be recovered, for the Use of His Majesty, - One-third Part to the Governor or Commander in Chief of the said Colony or Plantation, and the other Third Part to the Person who shall seize, inform, and sue for the same; - excepting such Seizures as shall be made at Sea by the Commanders or Officers of His Majesty's Ship of War, duly authorized to make Seizures, one Moiety of which Seizures, and of the Penalties and Forfeitures recovered thereon, first deducting the Charges of Prosecution from the gross Produce thereof, shall be paid as aforesaid to the Collector of His Majesty's Customs, to and for the Use of His Majesty, and the other Moiety to him or them who shall seize, inform, and sue for the same, any Law, Custom, or Usage to the contrary notwithstanding; - subject nevertheless to such Distribution of the Produce of the Seizures so made at Sea, as well with regard to the Moiety hereinbefore granted to His Majesty as with regard to the other Moiety given to the Seizor or Prosecutor, as His Majesty shall think fit to order and direct by any Order or Orders of Council, or by any Proclamation or Proclamations to be made for that Purpose. LXIX. AND be it further enacted, That all Actions Limitation of or Suits for the Recovery of any of the Penalties or For- Suits. feitures imposed by this Act may be commenced or prosecuted at any Time within Three Years after the Offence committed, by reason whereof such Penalty or Forfeiture shall be incurred; any Law, Usage, or Custom to the contrary notwithstanding. Appeals. LXX. AND be it further enacted, That no Appeal Limitation of shall be prosecuted from any Decree or Sentence of any of His Majesty's Courts in America, touching any Penalty or Forfeiture imposed by this Act, unless the Inhibition shall be applied for and decreed within Twelve Months from the Time when such Decree or Sentence was pro Persons autho rized to make Seizures under 5 G. 4. c. 113. to have the Benefit of this Act. Application of Penalties under 5 G. 4. c. 113. The King may East India Company may carry Goods from India to Colonies. LXXI. AND be it further enacted, That all Persons authorized to make Seizures under an Act passed in the Fifth Year of the Reign of His present Majesty, intituled An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade, shall, in making and prose cuting any such Seizures, have the Benefit of all the Provisions granted to Persons authorized to make Seizures under this Act. (1) LXXII. AND be it further enacted, That all — Penalties and Forfeitures created by the said Act passed in the Fifth Year of His present Majesty, whether pecuniary or specific, shall (except in Cases specially provided for by the said Act,) go and belong to such Persons as are authorized by that Act to make Seizures, in such Shares, and shall and may be sued for and prosecuted, tried, recovered, distributed, and applied in such and the like Manner, and by the same Ways and Means, and subject to the same Rules and Directions, as any Penalties and Forfeitures incurred in Great Britain and in the British Possessions in America respectively now go and belong to, — and may be sued, prosecuted, tried, recovered, and distributed respectively in Great Britain, or in the said Possessions, under and by virtue of this Act. LXXIII. AND be it further enacted, That it shall be lawful for His Majesty, by and with the Advice of His Privy Council, by any Order or Orders in Council to be issued from Time to Time, to give such Directions and make such Regulations touching the Trade and Commerce to and from any British Possessions on or near the Continent of Europe, or within the Mediterranean Sea, or in Africa, or within the Limits of the East India Company's Charter (excepting the Possessions of the said Company), as to His Majesty in Council shall appear most expedient and salutary; AND if any Goods shall be imported or exported in any Manner contrary to any such Order of His Majesty in Council, the same shall be forfeited, together with the Ship importing or exporting the same. LXXIV. AND be it further enacted, That it shall be lawful for the East India Company (2) to trade in and ex (1) For Registry of Things condemned, see Cap. 110. § 5 and 29. (2) The Trade allowed by this Clause is contrary to the Charter, and not being a Trade allowed to the private Trader (see 4 Geo. 4. Cap. 80. § 2.), is not included in the Extension of the Company's Trade under the Sd Section of that Act. See East India Company-General Index. port from any Place within the Limits of their Charter, any Goods for the Purpose of being carried to some of His Majesty's Possessions in America, and so to carry and to import the same into any of such Possessions; and also to carry return Cargoes from such Possessions to any Place within the Limits of their Charter, or to the United Kingdom; and that it shall be lawful for any of His Majesty's Subjects, with the Licence in Writing granted by or under the Authority of the said Company,—to lade in and export from any of the Dominions of the Emperor of China any Goods, and to lade in and export from any but limited to Place within the Limits of the said Company's Charter any the Supply of Tea,for the Purpose of being carried to some of His the Colonies. Majesty's Possessions in America, and also so to carry and to import the same into any of such Possessions. -- Private Persons may trade to Tea, having Licence from the Company, China or in Sugar. LXXV. AND be it further enacted, That it shall be Certificate of lawful for any Person, being the Shipper of any Sugar, East India Production of the Produce of some British Possession within the Limits of the East India Company's Charter, to be exported from any Place in such Possession, to go before the Collector or Controller, or other Chief Officer of the Customs at such Place, or if there be no such Officer of the Customs, to go before the principal Officer of such Place, or the Judge or Commercial Resident of the District, — and make and sign an Affidavit before him, that such— Sugar was really and bona fide the Produce of such British Possession, to the best of his Knowledge and Belief; and such Officer, Judge, or Resident is hereby authorized and required to administer such Affidavit, — and to grant a Certificate thereof (1), setting forth in such Certificate the Name of the Ship in which the Sugar is to be exported, and the Destination of the same. 37 G. 3. c. 117. LXXVI. AND be it further enacted, That nothing in Not to repeal this Act, or in any other Act passed in this present Session or alter the Act of Parliament, shall extend to-repeal or in any way alter or affect an Act passed in the Thirty-seventh Year of the Reign of His late Majesty King George the Third, intituled An Act for regulating the Trade to be carried on with the British Possessions in India by the Ships of Nations in Amity with His Majesty (2);-nor to revoke, alter, or affect any Regulations formed under the Authority of that Act, (1) To be produced on Importation into United Kingdom, Cap. 107. § 96. (2) Local in India. |