are all taken and the said commiffioners of the cuftoms are hereby impowered who is to fee and required to caufe fuch officer or officers to take care that that the marks fuch marks or feals be taken off from every piece so intended to off; be exported, without fee or reward; and no perfon fhall be otherwife no intitled to the drawback allowed upon the exportation of fuch drawback to lace, unless he fhall have given fuch notice as herein-before is be allowed. directed, and until fuch marks or feals fhall be taken off by the proper officer or officers as aforefaid. be forfeited. XXVII. And be it further enacted by the authority aforefaid, All foreign That, from and after the first day of February, one thousand thread lace seven hundred and eighty, in cafe any foreign thread lace hall found in this kingdom, be found in any fhop, warehoufe, or other place whatfoever, after Feb. 1, upon land, within this kingdom, not being marked or fealed, 1780, not as herein-before is directed, upon both ends of every whole and marked as entire piece, or upon one end of every remnant of such lace, the aforefaid, shall fame shall be forfeited and loft, and fhall and may be seized by any officer or officers of the customs, and shall and may be profecuted, recovered, and difpofed of in the fame manner, and by the fame rules and regulations, as foreign thread lace, clandeftinely imported and run into this kingdom, may be profecuted, recovered, and disposed of, by any law now in force. XXVIII. And be it further enacted by the authority aforefaid, Penalty on That if any person or persons fhall at any time forge or countercounterfeiting any mark or feit any mark or feal, to resemble any mark or feal which thall fea! ufed in be provided or used in pursuance of this act, or fhall forge or purfuance of counterfeit the impreffion of any fuch mark or feal upon any this act, or goods required by this act to be marked or fealed, or fhall fell, on having in poffeffion any or expofe to fale, or have in his, her, or their cuftody or pof foreign thread feffion, any fuch foreign thread lace with a counterfeit mark or lace marked feal thereon, knowing the fame to be counterfeited; all and or fealed with every fuch offender and offenders, and his, her, and their aiders, abettors, and affiftants, fhall, for every such offence, forfeit the fum of one hundred pounds, one moiety to his Majesty, and the other moiety to fuch officer or officers of the cuf toms as shall fue and profecute for the fame; and fuch offender and offenders fhall also be adjudged to ftand in the pillory, in fome publick place, for the fpace of two hours. fuch counter feit. June 1, 1779, customs or ex XXIX. And whereas, at the fame time that the laws for fecuring Every perfon the revenues of customs and excife ought to be enforced, for the fake who, before of the fair trader, and the honour and dignity of government, it may hall have been be proper to pardon fuch of those who have been heretofore guilty of guilty of any fuch illegal practices, who are defirous to make fuch atonement for offence against their past offences, by dedicating themselves to the fervice of their the laws of the King and country, be it therefore enacted by the authority afore- cife, and for faid, That every perfon who, before the firft day of June, one which no prothousand seven hundred and feventy-nine, thall have been guilty fecution has of illegal running, loading, unfhipping, concealing, receiving, or carrying, any wool, prohibited goods, wares or merchan- is indemnified dizes, or any foreign goods liable to the payment of duties of by this act, cuftoms or excife, (the fame duties not having been paid or on the confecured), or of aiding or affifting therein, or fhall have been ditions followVOL. XXXII, armed ing; videlicet, Dd been com menced, &c. armed with fire-arms, or other offenfive arms or weapons, in order to be aiding or affifting any fuch offenders as have been guilty of receiving fuch goods, wares, or merchandizes, or fuch foreign goods as aforefaid, where duties had not been paid for or fecured, after feizure from the officers of the cuftoms or excife, or of any other act or matter whatsoever whereby perfons may be deemed and taken to be runners of foreign goods and commodities, within the intent and meaning of any law now in force; or of hindering, oppofing, obftructing, wounding, or beating, any officer or officers of the customs or excife, in the execution of his or their office or duty, or of aiding or affifting therein; fhall be, and are, by the authority of this prefent act, acquitted, indemnified, released, and discharged, against the King's majesty, his heirs and fucceffors, or officers of the customs or excife, and every of them, and all and every other perfon and perfons, of and from all and every the faid offences, concerning which no fuit or information, or profecution, fhall have been commenced, or compofition made or offerred, before the faid first day of June, one thousand seven hundred and feventy-nine, upon the following terms and conditions; (that is to fay), that he do before he shall be arrested for the fame, and before the twenty-ninth day of September, one thousand feven hundred and feventy-nine, inlift or enter ed for fuch of himself with fome commiffion officer of his Majefty's land forces fence, he enter or flect, to serve as a foldier or failor in the army or fleet, and himself to serve do, for three years at leaft, from the time of fuch inlifting as a foldier or or entry, actually and bona fide ferve and do duty as fuch in the failor for three faid army or fleet; and fhall alfo, before the faid twenty-ninth duty as fuch; day of September, one thousand feven hundred and feventynine, regifter his name, employment, and ufual place of abode, with the clerk of the peace of the county, riding, or divifion, where he refides, in a book which is hereby directed to be kept by the faid clerk among the records of the feffions for the faid with the clerk County, riding, or divifion, for this purpofe; and fhall fign of the peace, fuch register, fignifying that he claims the benefit of this act, and fign fuch and that he has inlifted or entered himfelf with a certain comregister. miflion officer, by the name of his Majefty's land forces or fleet, as the cafe fhall be, to ferve as a foldier or failor, which entry fhall be in the following form: That, before Sep. 29, 1779, and before he hall be arrest years, and do and fhall also, before Sept. 29, 1779, regifter his name &c. Form of entry. A. B. of the faid act. for which entry or register, there fhall be paid the clerk of the peace for fuch county, riding, or divifion, one fhilling, and no Clerk of the more; and that the faid clerk of the peace fhall, immediately peace to tranf after after the faid twenty-ninth day of September, one thoufand feven mit to comhundred and feventy-nine, tranfmit to the commiffioners of the miffioners of customs, &c. customs and excise an exact account of all the perfons who have, an account of by fuch entry or register as aforefaid, entitled themselves to all perfonswho claim the benefit of this act. haveregistered terwards be XXX. Provided always, That every perfon who fhall make their names. fuch entry, and claim the benefit of this present act as afore- Penalty on faid, and shall afterwards be guilty of, or commit any of the perfons claiming the benefit like offences as thofe herein-before mentioned, or hereby in- of this act, tended to be acquitted, releafed, and difcharged, or fhall at any who thall aftime after defert from the faid fervice, or, within the faid term guilty of the of three years, procure his discharge therefrom, fhall be fubject like offences, and liable to be profecuted, not only for or in refpect of fuch or who fhall new offence, but shall also be fubject and liable to all the fame defert, &c. penalties, pains, and forfeitures, as he would have incurred or been fubject and liable to, in cafe this indemnity had never been given; any thing herein contained to the contrary notwithstanding. officer fuffer XXXI. Provided alfo, That if any officer of his Majefty's Penalty on land forces or navy fhall, by falfe mufter or certificate, or by ing fuch perany other collufive or evafive ways or means whatsoever, fuffer fons to avoid or permit fuch perfon or perfons to avoid the actual fervice as actual fervice. aforefaid, fuch perfon fhall not only lofe the benefit of this act, but every fuch officer fhall fuffer the penalty of five hundred pounds. fame; મ XXXII. And be it further enacted by the authority afore- Any juftice,. on complaint faid, That in cafe any officer of the customs or excife thall not made of any ufe his best endeavours to feize any tea, coffee, foreign brandy, officer for or other foreign fpirituous liquors liable to forfeiture, and which neglect of it fhall be the duty of fuch officer to feize; or to stop, detain, doiy, may excarry and and convey before one or more justice or juftices of the amine into the peace, any perfon or perfons whom fuch officer is hereby authorifed to stop, detain, and carry and convey before one or more juftice or juftices of the peace; that then, and in any of the faid cafes, it fhall and may be lawful to and for any juftice or juftices of the peace refiding near to the place where fuch officer fhall make default in the performance of his duty, upon complaint thereof made to such juftice within three months after fuch default, to examine into the truth of fuch complaint upon the oath of credible persons, which oath fuch juftice is hereby authorised to adminifter; and if it thall appear to fuch juftice that there is a and if there reasonable ground for fuch complaint, then fuch juftice is here- appear reafon. able grounds by required to tranfmit the faid complaint, together with the of complaint, examinations taken before him thereon, unto the commiffioners the justice of the cuftoms, if the officer complained against fhall belong to fhail tranfinit the customs; and if fuch officer fhall belong to the excife, then the complaint, unto the commiffioners of excife; which commiffioners of the minations tacustoms and excise respectively, are hereby required to make ken before enquiry, by fuch ways and means as to them fhall feem meet, him, to the into the truth of the faid complaint; and in case they think fit commiffioners &c. who may on the ground thereof to dismiss the officer, against whom fuch difmifs the com- officer, &c. Dda with the exa ' No perfon profecuted under this act, liable to any other profecution for the fame offence. Penalties and forfeitures how to be re covered and applied. Limitations of actions. complaint fhall be made, from his Majesty's fervice, then such officer is hereby made incapable of executing any office in his Majesty's revenue of cuftoms or excife for the future: provided nevertheless, that no perfon fhall be compelled to go above five miles from the usual place of his abode to be examined before any juftice of the peace upon any complaint to be made to him as aforefaid. XXXIII. And be it further enacted, That no person who fhall be profecuted or punished by any of the provifions in this act, fhall be liable to be profecuted or punished for the fame offence by any other act or acts; any thing therein contained to the contrary notwithstanding. XXXIV. And be it further enacted by the authority aforefaid, That all fines, penalties, and forfeitures, impofed by this act, (not otherwife hereby directed), fhall be fued for, levied, and recovered, or mitigated, by fuch ways, means or methods, as any fine, penalty, or forfeiture, is or may be recovered or mitigated by any law or laws of excife, or by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster, or in the court of exchequer in Scotland; and that one moiety of every fuch fine, penalty, and forfeiture, fhall be to his Majesty, his heirs and fucceffors, and the other moiety to him or them who fhall inform, fue for, or difcover the fame. XXXV. And it is hereby further enacted by the authority aforesaid, 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 executed in pursuance of, or by colour of, this act, or of any matter or thing in this act contained, fuch action or profecution shall be commenced within the space of three months after the offence shall be committed; and fuch person or persons shall General iffue. and may plead the general iffue, and give this act and the special matter in evidence, for his and their defence, and that the fame was done in pursuance and by authority of the faid act: and if it shall appear fo to have been done, then the jury fhall find for the defendant or defendants; and if the plaintiff shall be nonfuited, or discontinue his action after the defendant or defendants have appeared, or if judgement fhall be given upon any verdict or demurrer against the plaintiff, the defendant or deTreble cofts. fendants fhall and may recover treble costs, and have the like remedy for the fame, as the defendant or defendants hath or have in other cafes by law. CA P. LXX. An att for extending the provisions of an act, made in the twelfth year of the reign of King George the First, intituled, An act to prevent frivolous and vexatious arrefts; and for other purposes. HEREAS in and by an act of parliament, made in the twelfth year of the reign of King George the First, (intituled, act 12 Geo. 1. An act to prevent frivolous and vexatious arrefts) it is enacted, Preamble. Recital of an WH That, That, from and after the twenty-fourth day of June, one thousand Seven hundred and twenty-fix, no perfon fhall be held to fpecial bail upon any process iffuing out of any fuperior court, where the cause of action fhall not amount to the fum of ten pounds, or upwards, nor out of any inferior court, where the cause of action fhall not amount to the fum of forty fillings, or upwards: and whereas the power of arrest and imprisonment, on mefne process iffuing out of fuch inferior court, where the cause af action does not amount to ten pounds, is found by experience to be attended with much oppreffion to great numbers of his Majesty's fubjects; for remedy whereof, 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 July, one thoufand After July 1, feven hundred and feventy-nine, no person fhall be arrested or 1779, no perheld to special bail, upon any procefs iffuing out of any inferior arrested, or court, where the caufe of action fhall not amount to the fum held to special of ten pounds, or upwards; but that the like copies of procefs bail, upon any fhall be ferved, (for the service of which procefs, a fum not process iffuing exceeding two fhillings and fixpence fhall be allowed in cofts), ferior court, and the like proceedings thall be had thereupon in fuch inferior for lefs than court, in all cafes where the cause of action shall not amount 10l. to the sum of ten pounds, or upwards, as are directed to be had, by the faid recited act, in fuch inferior court in all cafes where the cause of action shall not amount to the fum of forty fhillings; any law or ufage to the contrary notwithstanding. fon fhall be out of an in in causes of II. And be it further enacted, That, from and after the first Proceedings in day of July, one thousand feven hundred and feventy-nine, in inferior courts all cases in fuch inferior court (having jurifdiction to the amount 101. or upof ten pounds, or upwards) where the caufe of action fhall wards, fhall be amount to ten pounds, or upwards, the like affidavit fhall be the fame as by. made and filed of such cause of action, and the like proceedings the recited act shall be had thereupon, as are directed by the faid recited act to caufes of 40 S. be had, where the caufe of action amounts to the fum of forty or upwards. fhillings, or upwards, in such inferior court. are ordered in acts for reco III. And whereas divers acts of parliament have paffed for the So much of all recovery of debts within certain diftricts and jurifdictions, which may have authorised the arreft and imprisonment of defendants, where the very of small debts, as aucause of action amounts to less than ten pounds; be it enacted, That thorifes imfo much of fuch act or acts of parliament as gives fuch power prifonment of defendants for shall be, and the fame is hereby repealed. less than to l., In all cafes IV. And, forafmuch as perfons ferved with process illuing out of issuing repealed. inferior courts, where the debt is under ten pounds, may, in order to avoid execution, remove their perfons and effects beyond the limits of where final the jurifdiction of fuch courts; be it enacted by the authority afore- judgement faid, That in all cafes where final judgement fhall be obtained, fhall be ob in any action or fuit in any inferior court of record, it fhall and tained in an inferior court, may be lawful to and for any of his Majesty's courts of record and affidavit at Westminster, upon affidavit made and filed therein of fuch made thereof judgement being obtained, and of diligent fearch and enquiry in any court Dd3 having of record at |