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by an Officer or Officers; and in case the Commander of any such Commander Ship or Veffel shall unlade or break Bulk, before such Notice offending. given, and such Certificate produced, and such Oath made by such Commander, or before fuch Search made as aforesaid, or if
upon Euch Search any Goods whatsoever of Woollen Marufacture, not laden in England (necefiary Apparel of the Commander and Mariners only excepted) or any Linen Goods not laden in England, nor of the Manufacture of Ireland, shall be found in such Ship or Vessel; in all or any of the said Cafes, such Ship or Vefsel ihall Penalty. be, and is hereby adjudged forfeited, with all her Guns, Tackle, Ammunition and Furniture, together with all such Goods and Commodities, of what Kind foever, as shall be imported or found in such Ship; one third Part to Her Majesty, Her Heirs and Succeffors, one third Part to the Governor of such Land, Illand, Plantation, Colony, Territory or Place into which fuch Goods fhail be imported, if the said Ship, Vessel or Goods be there seized, informed against, or sued for (or otherwise that third Part also to Her Majesty, Her Heirs and Successcrs) and the other third Part to him or them who shall file for the same in Her Majesty's Court, in such of the faid Lands, Illands, Colonies, Plantations, Territories or Places, where the Offence Mall be committed, or in any of Her Majesty's Courts at Westminsler, hy Bill, Plaint, Information or other Action, wherein no Esfoin, Protection or Wager of Law shall be allowed.
III. And be it further enacted, That all Ships coming from Ships coning Ireland to any such Land, Island, Colony, Plantation, Territory from Ireland. or Place, shall be subject to the same Rules, Vilitations, Searches, Penalties and Forfeitures, to which Ships coming from England any
of the faid Colonies, Plantations or Places are subject or kable by any Law now in Force.
• IV. And for the preventing of Frauds, that may be com- On importing • mitted by exporting from Ireland Linen of the Manufacture Scotch Linen • of the Kingdom of Scotland, and for the effectual restraining
into Ireland. " the Importation of all such Linen into Ireland:' Be it enacted by the Authority aforesaid, That all and every Person and Persons, who Thall, from and after the five and twentieth Day of March, One thousand seven hundred and five, import or cause to be imported into the Kingdom of Ireland, any Linen whatsoever, Penalty. of the Manufacture of Scotland, shall forfeit the Sum of twenty Shillings for every Yard of Scotch Linen so imported, together with the said Linen.
V. And be it further enacted, That in case any such Linen, May be seized, so prohibited to be imported into Ireland, shall after the said five and Importers and twentieth Day of March, be found any where within the faid profecuted. Kingdom, the fame, or any Part thereof, shall and may be seized, and the Importers thereof profecuted by any Person whatsoever ; and that all Linen of the Manufacture of Scotland, which shall be seized by virtue of this Act, thall be carried to the next Custom House in the Kingdom of Ireland, and thall not thence be delivered, unless in order to be produced at a Trial, or unless the samfe be otherwise discharged by due Course of Law: And in After Condemcase the Goods so seized, or any Part thereof, shall be condemned, nation to be cold the same shall be fold publickly by Iech of Candle, whereof by Inch of
Candle, &c. Notice in Writing, by a Paper affixed at the Door of such Custom House, Thall be given at least twenty Days before the
said Sale ; and the Goods so fold shall not be delivered to the Bond for ex. Buyer or Buyers thereof, until he, she or they have entred into porting. Bonds, with two fufficient Sureties, to the Queen's Majeily, Her
Heirs and Successors, in double the Value of the said Goods, with Condition to export the same, and every Part thereof, within three months after the Date of the said Obligation, out of the Kingdom of Ireland, and not to import the fame, or any Part
thereof, into any of Her Majesty's Colonies, Plantations or DoHow Bond Thall minions in Afia, Africa or America: Which faid Obligation Shail be vacated.
be vacated upon Certificate of the Chief Oficer of the Port, from whence the said Güods shall be exported, of the Exportation thereof, and upon Oath made by the Exporter, That all and every Part of the said Goods were exported purlụant to this Act, and that no Part thereof hath been landed in any of Her Majesty's
Colonies, Plantations or Dominions in Afia, Africa or America ; Not exporting and in case the said Goods Thall not be exported accordingly, the
Person or Persons in whose Custody the laid Goods, or any Part Penalty. thereof, shall be found, shall be again liable to all the Penalties and
Forfeitures by this Act imposed, as if the same had never been
seized. Officer conniving VI. And be it further enacted, That all Officers belonging to at Importation the Customs in the said Kingdom of Ireland, shall be aiding and of Scotch Linen. aflisting in the effectual Execution of this Act; and that it any
such Officer shall knowingly connive at the Importation of any
Scotch Linen, contrary to the true Meaning of this Act, fuch Penalty. Officer shall forfeit and lose the Sum of one hundred Pounds, and
be for ever incapable of serving Her Majesty, Her Heirs and
Succeffors, in any Office whatsoever. Forfeitures, VII. And be it enacted, That all and every the Penalties and where recover- Forfeitures imposed by this Act, for importing Scatch Linen into able.
the Kingdom of Ireland, shall and may be sued for and recovered in any of Her Majesty's Courts of Record at Westminster or Dublin, by Action of Debt, Bill, Plaint or Information, wherein no Essoin, Privilege, Protection or Wager of Law, shall be al. lowed, nor any more than one Imparlance; one Moiety of the said Penalties and Forfeitures to be to Her Majesty, Her Heirs and Succeffors, and the other Moiety to him, her or them that will sue for the same. [See as to Sedion 4–7 inclufive, 5 Ann, C. 8.]
VIII. And it is hereby further enacted, That if any Person or Persons be sued, molested or profecuted for or by reason of any
Seizure made in pursuance of this Act, such Person and Persons General Issue. may plead the General Issue, and give this Act, and the Special
Matter in Evidence ; and if afterwards a Verdict shall pass for the Defendant or Defendants, or if the Plaintiff shall discontinue
his Action, or be nonsuited, or if Judgment be given against him, Double Colts. then such Defendant or Defendants Thall have Double Colts.
IX. Provided always, That all Informations, Actions and of Suits. Suits to be brought for any Oitence against this Act, shall be
brought and commenced within twelve Months after the Discovery
of such Offence. Proviso concern. X. Provided also, and be it enacted, That if any Ship or Vessel, ing Englin. Ships. being laden with Goods in England, Wales or Berwick upon Tweed, for any of the Plantations aforesaid, shall put into
Port or Place in Ireland, and thall there take in any white or brown 8
Irish Linen Cloth, in that Case, the like Certificate and Oaths fhall be made, that the said Linen Cloth is of the Manufacture of Ireland, as is before directed by this A&; And if, upon the Arrival of such Ship or Vessel'in any of the said Plantations, such Certificate be produced, and Oaths made as aforesaid, fuch Certificate Ship or Vessel, her Master or Commander, and Lading, shall be subje- and liable to fuch Rules, Visitations, Searches, Penaltics and Forfeitures, as they respectively were subject and liable to by virtue of the Laws which were in Force before the passing of this Act, and no other; any thing in this Act to the contrary notwithstanding;
XI. Provided, That this hall continue only for the Term of eleven Years. [See Note at the End of Section 1, but the da seems to be now expired.]
CA P. IX.
is now used upon Bills of Exchange; and for the better
Payment of Inland Bills of Exchange. : W
figned by the Party who makes the same, whereby such Party promises to pay unto any other Person, or his Order, 5 any Sum of Money therein mentioned, are not affignable or o indorfable over, within the Custom of Merchants, to any other • Person ; and that such Person to whom the Sum of Money • mentioned in such Note is payable, cannot maintain an Action,
by the Custom of Merchants, against the Person who first made and figned the same ; and that any Person to whom such Note
hould be assigned, indorsed or made payable, could not, within • the said Custom of Merchants, maintain any
such “ Note again't the Person who first drew and signed the fame :' Therefore, to the Intent to encourage Trade and Commerce, which will be much advanced, if such Notes shall have the same Effect as Inland Bills of Exchange, and shall be negociated in like Manner; be it enacted by the Queen's Moft Excellent Majefty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all Notes in Writing, Promissory that after the first Day of May in the Year of our Lord One Notes may he thousand seven hundred and five, shall be made and signed by any doried, and Person or Persons, Body Politick or Corporate, or by the Servant Action mainor Agent of any Corporation, Banker, Goldsmith, Merchant or tained thereon, Trader, who is usually intrusted by him, her or them, to sign as on Inland Bills such Promissory Notes for him, her or them, whereby such Person of Exchange. or Persons, Body Politick and Corporate, his, her or their Servant or Agent as aforesaid, doth or shall promise to pay to any other Perion or Persons, Body Politick and Corporate, his, her or their Order, or unto Bearer, any Sum of Money mentioned in such Note, thall be taken and construed to be, by virtue thereof, due and payable to any such Person or Perfons, Body Politick and Corporate, to whom the same is made payii le ; and also every fuch Note payable to any Person or Perfons, Body Politick and Corporate, his, her or their Order, shall be aflignable or indorfible over, in the fame Manner as Inland Bills of Exchange are or may
be, according to the Custom of Merchants; and that the Person or Persons, Body Politick and Corporate, to whom such Sum of Money is or shall be by such Note made payable, shall and may maintain an Action for the same, in such Manner as he, the or they might do, upon any Inland Bill of Exchange, made or drawn according to the Custom of Merchants, againit the Person or Persons, Body Politick and Corporate, who or whose Servant or Agent as aforesaid, figned the fame; and that any Person or Persons, Body Politick and Corporate, to whom such Note that is payable to any Person or Perfons, Body Politick and Corporate, his, her or their Order, is indorsed or afligned, or the Money therein mentioned ordered to be paid by Indorsement thereon, shall and may maintain his, her or their Action for such Sum of Money, either against the Person or Persons, Body Politick and Corporate, who or whose Servant or Agent as aforesaid, figned such Note, or againtt any of the Persons that indorsed the same, in like Manner as in Cafes of Inland Bills of Exchange: And in every such Action the Plaintiff or Plaintiffs shall recover his, her or their Damages and Cofts of Suit ; and if such Plaintiff or Plaintiffs shall be nonsuited, or a Verdie be given against him, her or them, the Defendant or Defendants shall recover his, her or
their Costs against the Plaintiff or Plaintiffs ; and every such Cots.
Plaintiff or Plaintiffs, Defendant or Defendants, respectively recovering, may sue out Execution for such Damages and Costs
by Capias, Fieri fncias or Elegit. Hor Altion
II. And be it further enacted by the Authority aforefaid, #hall be brought. That all and every such Actions shall be commenced, sued and
brought within fuch Time as is appointed for commencing or fuing Actions upon the Cafe, by the Statute made in the one and
twentieth Year of the Reign of King James the First, intitukd, 91 Sae. 1. c. 16. An Ad for Limitation of A&tions, and for avoiding of Suits in Law. Prorica
III. Provided, That no Body Politick or Corporate fall have Power, by virtue of this Act, to issue or give out any Notes, by themfelves or their Servants, other than such as they might have issued, if this Act had never been made.
• IV. And whereas by an Ad of Parliament made in the
• ninth Year of the Reign of His late Majesty King William the & 10 W. 3. • Third, intituled, An As for the better Payment of Inland Bills 4.13. § I. of Exchange, it is among other Things enacted, That from
• and after Presentation and Acceptance of the said Bill or Bills
of Exchange (which Acceptance shall be by the Underwriting • the fame under the Party's Hand so accepting) and after the • Expiration of three Days after the said Bill or Bills shall become • due, the Party to whom the faid Bill or Bills are made payable • his Servant, Agent or Assigns, may and shall cause the same • Bill or Bills to be protested in Manner as in the said Act is • enacted: And whereas by there being no Provision made therein • for protesting such Bill or Bills, in case the Party, on whom the • same are or shall be drawn, refuse to accept the same, by under• writing the same under his Hand, all Merchants and others do « refuse to underwrite such Bill or Bills, or make any other than
a promissory Acceptance, by which Means the Effect and good • Intent of the faid Act in that Behalf is wholly evaded, and no • Bill or Bills can be protested before or for Want of such Accept. •ance by underwriting the fame as aforesaid ' For Remedy
whereof, be it enacted by the Authority aforesaid, That from and Refufing to unafter the first Day of May which shall be in the Year of our Lord Jerwrite Bill of One thousand seven hundred and five, in case, upon presenting
proof any such Bill or Bills of Exchange, the Party or Parties on telted whom the same shall be drawn, shall refuse to accept the same, by underwriting the same as aforesaid, the Party to whom the faid Bill or Bills are made payable, his Servant, Agent or Assigns, may and shall cause the said Bill or Bills to be protested for Nonacceptance, as in case of foreign Bills of Exchange; any Thing in the said Ac, or any other Law to the contrary notwithstanding: For which Protest there shall be paid two Shillings, and no
V. Provided always, That from and after the said first Day In what Case of May no Acceptance of any such Inland Bill of Exchange orly Acceptance Thall be sufficient to charge any person whatsoever, unless the same Exchange to be be underwritten or indorled in writing thereupon; and if such sufficient. Bill be not accepted by such Underwriting or Indorsement in Writing, no Drawer of any such Inland Bill shall be liable to pay any Cofts, Damages or Interest thereupon, unless such Protest be made for Non.acceptance thereof, and within fourteen Days after such Protest, the same be sent, or otherwise Notice thereof be given to the Party from whom such Bill was received, or left in Writing at the Place of his or her usual Abode ; and if such Bill be accepted, and not paid before the Expiration of three Days after the said Bill shall become due and payable, then no Drawer of such Bill fall be compellable to pay any Costs, Damages or Interest thereupon, unless a Protest be made and sent, or Notice thereof be given, in Manner and Form above mentioned: Nevertheless, every
Drawer of such Bill shall be liable to make Payment of Cofts, Damages and Intercit upon fuch Inland Bill, if any one Protest be made of Non-acceptance or Non-payment thereof, and Notice thereof be sent, given or left as aforesaid.
VI. Provided, That no such Protest shall be necessary, either Proviso fix for Non-acceptance or Non-payment of any Inland Bill of Ex. Protoft. change, unless the Value be ack-owledged and expressed in such Bill to be received, and unless such Bill be drawn for the Payment of twenty Pounds Sterling or upwards; and that the Protest, hereby required for Non-acceptance, shall be made by such Persons as are appointed by the laid recited Act to protest' Inland Bills of Exchange for Non-payment thereof.
VII. And be it further enacted, That from and after the said If Protest not first Day of May, if any Person doth accept any such Bill of made. Exchange for and in Satisfaction of any former Debt, or Sum of Money formerly due unto him, the same shall be accounted and esteemed a full and compleat Payment of such Debt, if such Perfon, accepting of any such Bill for his Debt, doth not take his due Course to obtain Payment thereof, by endeavouring to get the same accepted and paid, and make his Protest as aforesaid, either for Non-acceptance or Non-payment thereof.
VIII. Provided, That nothing herein contained shall extend Provilo. to discharge any Remedy, that any Person may have against the Drawer, Acceptor or Indorser of such Bill.
IX. And be it further enacted by the Authority aforesaid, Continuance of That this Act thall continue and be in Force for the Space of AA.