factured within Great Britain; and if any such filk stockings, filk mitts, or filk gloves, not being made or manufactured within Great Britain, thall be found, to feize and carry away the fame, for the purpose of carrying this act into execution, and and to difpofe thereof as is herein before directed. V. And be it further enacted by the authority aforesaid, That if any action or fuit fhall be commenced against any perfon or perfons, for any thing done in pursuance of this act, the defendant or defendants in fuch action or fuit may plead the general iffue, and give this act and the special matter, in evidence, General issue. at any trial to be had thereupon, and that the fame was done by the authority of this act; and if it thall appear to have been fo done, then the jury fhall find for the defendant or defendants; and if the plaintiff shall be nonfuited, or difcontinue his action after the defendant or defendants fhall have appeared; or if judgement fhall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants fhall recover treble Treble cofts. cofts, and have the like remedy for the fame as defendants have in other cafes by law. court. VI. Provided always, and be it further enacted, That in Defendant alevery fuch action, it hall and may be lawful for the defendant lowed to pay or defendants, by leave of the court where fuch action fhall be money into depending, at any time before iffue joined, to pay into court fuch fum of money as he or they fhall fee fit, as amends for the matter or caufe complained of in such action; whereupon fuch proceedings, orders, and judgements, fhall and may be had, made, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court. VII. And be it further enacted by the authority aforefaid, If any doubt That if any fuch filk stockings, filk mitts, or filk gloves, fhall arife with rebe feized by virtue and in purfuance of this act, and any doubt fpect to the place of maor question fhall afterwards arife where the fame were manufac-nufacture of tured, the proof thall lie upon the perfon or perfons in whofe fuch goods, cuftody or poffeffion the fame were found, and not upon the proof to lie on profecutor or profecutors, plaintiff or plaintiffs; and in cafe the defendno proof shall be given that such silk stockings, filk mitts, or filk gloves, were manufactured within Great Britain, then the fame fhall, without any further proceeding, be taken and held to have been manufactured out of Great Britain, and contrary to, and in violation of, this act; any law or custom to the contrary notwithstanding. ant.. Perfon in VIII. Provided alwa ys, and be it further enacted, That if any perfon or perfons in whofe cuftody or poffeffion any fuch whofe cuftody filk ftockings, filk mitts, or filk gloves, fhall be feized, by vir- fuch goods tue and in pursuance of this act, fuch perfon or perfons not fhall be found, importing or concealing the fame, fhall difcover upon oath, be- not importing fore any one or more juftice or juftices of the peace, the perfon the fame, or concealing or perfons who fold fuch filk ftockings, filk mitts, or filk gloves to fuch perfon or perfons in whofe cuftody or poffeffion the fame. fhall be feized, fo as that fuch perfon or perfons, fo felling the discovering fame, fhall or may be profecuted and convicted according to the feller, the is discharged nalties. the intent of this act, as the feller thereof, in cafe the fame shall be, or be taken and held to be, within the intent and meaning of this act, manufactured out of Great Britain; fuch perfon or from all pe- perfons fo difcovering, as aforefaid, fhall be, and is and are hereby freed and difcharged of and from all and every the penalties and forfeitures by this act inflicted upon all and every perfon and perfons being a vender or venders, retailer or retailers, having in his, her, or their cuftody or possession any such filk ftockings, filk mitts, or filk gloves, not made or manufactured, in Great Britain; and of and from any proof that the fame fo feized, as aforesaid, were manufactured in Great Britain. Recovery and IX. And be it further enacted by the authority aforefaid, application of That all pecuniary penalties and forfeitures by this act impofed, the pecuniary fhall and may be fued for and recovered in any of his Majefty's penalties and forfeitures. courts of record at Westminster, or in the court of exchequer at Edinburgh, refpectively, by action, bill, plaint, or information, in the name of his Majefty's attorney general, or in the name of his Majesty's advocate in Scotland, or in the name or names of fome officer or officers of the customs; and that one moiety of every fuch penalty and forfeiture fhall be to his Majefty, his heirs, and fucceffors, and the other moiety thereof to the offcer or officers of the customs who shall inform and profecute for the fame. Wearer of fuch goods not fubject to any forfeiture or penalty. Penalties in flicted by act 19 Hen. 7. on perfons importing ribbands, laces, or girdles, of foreign manufacture, and upon the X. Provided also, and be it further enacted by the authority aforefaid, That nothing in this act contained fhall extend, or be in any wife conftrued to extend, to fubject any person or perfons who fhall wear or make use of such filk stockings, filk mitts, or filk gloves, as aforefaid, as part of his, her, or their apparel, or drefs only, to any forfeiture, or to any pecuniary penalty or penalties inflicted by this act, or to any proof that the fame were manufactured within Great Britain. XI. And whereas by an act paffed 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, certain penalties are thereby inflicted upon any person or perfons, who fhall import, bring, or convey, or caufe to be imported, brought, or conveyed into this kingdom, any ribbands, laces, or girdles, not made and manufactured in Great Britain whether the fame be wrought of filk alone, or wrought of filk mixed with any other materials: or who fhall be aiding, abetting, or affifting, in the bringing and conveying, or importing into this kingdom any fuch ribbands, laces, or girdles, as aforeand the vend- faid; and alfo upon every person and perfons being a vender or venders, retailer or retailers, of any kind of ribbands, laces, or girdles, refpectively, in whofe cuftody or poffeffion any fuch ribbands, laces, or girdles, or any of them, fhall be found; or who fhall fell or expofe to fale, any fuch ribbands, laces, or or concealers girdles, as aforefaid; or who fhall conceal any fuch ribbands, laces or girdles, with intent to prevent the forfeiture or seizure thereof,deemed infufficient, of the fame; which penalties, by reafon of the fmallnefs thereof, aiders therein, ders, of the faid of have be found infufficient to answer the good intention of the faid act; be it therefore further enacted by the authority aforefaid, That all and every perfon and perfons, who shall be guilty and perfons of any of the offences aforefaid, fhall, for every fuch offence, for the future forfeit and pay the fum of two hundred pounds, together with guilty of any cofts of fuit; and shall and may be fued for and recovered in any fences, to forof his Majesty's courts of record at Westminster, or in the court feit zool. with of exchequer at Edinburgh refpectively, by action, bill, plaint, cofts of fuit; or information, in the name of his Majefty's attorney general, or in the name of his Majefty's advocate in Scotland, or in the name or names of fome officer or officers of the customs; and One moiety to that one moiety of every fuch penalty and forfeiture fhall be to his the King, and Majefty, his heirs and fucceffors; and the other moiety thereof, the other to to the officer or officers who fhall inform and profecute for the the profecu fame. tor; XII. Provided always, and it is hereby further enacted by the but the wearauthority aforefaid, That nothing in this act contained shall ex- er is not to be tend, or be in any wife conftrued to extend, to fubject any per- forfeiture or fubject to any fon or perfons whatsoever, who fhall wear or make use of penalty. fuch ribbands, laces or girdles, as aforefaid, as part of his, her or their apparel or drefs only, to any forfeiture, or to any pecuniary penalty or penalties inflicted by the faid recited act, or this act; or to any proof that such ribbands, laces or girdles, were, manufactured in Great Britain. XIII. And whereas in and by the said recited act it is enacted, That all and every fuch ribbands, laces and girdles, after condemnation thereof, fhall, by order of the court, judge or judges, or juftices, where or before whom fuch condemnation shall be had, be publickly burnt and intirely destroyed: and whereas the intention of the faid act might be more effectually answered, if fuch ribbands, laces and girdles, were fold and difpofed of in manner herein after mentioned, instead of being burnt and deftroyed as aforefaid; be it therefore further enacted by the authority aforefaid, That all fuch ribbands, laces and girdles, Such ribbands, fhall be only feized and fecured, in pursuance of the powers laces, and gir granted by the faid act, by fome officer or officers of his Maje- dies, instead of ty's customs, and fhall, after condemnation thereof in due course being burnt, of law, be publickly fold for the best advantage for exportation, recited act, are pursuant to the by the candle; and one moiety of the produce or money arifing to be publickby the fale of fuch ribbands, laces and girdles, fhall be paid to ly fold, the ufe of the King's majefty, his heirs and fucceffors, and the other moiety thereof to the ufe of fuch officer or officers of the customs who fhall feize and secure the fame as aforefaid; and and exported no fuch ribbands, laces or girdles, fhall be confumed or ufed in to foreign this kingdom, but fhall be exported again to fome port or place, parts, not being part of not being any part of his Majesty's dominions, and fhall not the King's be fold, otherwife than on condition to be exported as aforefaid; dominions; and fuch ribbands, laces and girdles, fhall not be delivered out for which fe of the warehouse wherein the fame fhall have been fecured, curity is to be given, until fufficient fecurity be firft given to the King's majefty, his heirs and fucceffors, (which the commiffioners of his Majesty's of the due customs are hereby impowered and required to take) that the fame, and every part thereof, fhall be exported as aforefaid, and and a certifi- not landed again in any part of his Majesty's dominions; which cate returned faid fecurities fhall be difcharged without fee or reward, upon landing there- certificate returned under the common feal of the chief magiftrate of according- in any place or places beyond the feas, and out of his Majesty's ly, dominions, or under the hands and feals of two known Englist merchants of fuch place, that the goods were there landed, or or proof made of their being upon proof by credible perfons that fuch goods were taken by taken by ene- enemies, or perished in the feas, the examination and proof mies, or of thereof being left to the judgement of the faid commiffioners; their perishing which commiffioners are hereby impowered, from time to time, in the feas. to call upon the perfon or perfons who have entered into fuch fecurity to produce fuch certificate or proof as aforefaid. tion, to fue for XIV. Provided always, and it is hereby further enacted, Officer neg- That if any officer or officers of the customs fhall neglect or one month af. refufe, for the space of one month after fuch condemnation as ter condemna aforefaid, to profecute to effect any perfon or perfons for any the penalties, pecuniary penalty or forfeiture by this act inflicted upon offendany other per- ers against the fame; that then it fhall be lawful for any perfon or perfons whomfoever, to fue for, profecute and recover the refpective pecuniary penalties and forfeitures by this act inflicted, in like manner as is herein before directed with regard to the officers of the customs; and one moiety of the faid pecuniary forfeitures, when recovered, fhall, in fuch cafe, go and be applied to the use of his Majefty, his heirs and fucceffors, and the other moiety to the perfon or perfons who fhall fue or profecute for the fame respectively. fon may fue for, and recover the fame, &c. Preamble. CAP. XLIX. An act to prevent the inconveniencies arifing from the present method of illuing notes and bills by the banks, banking companies and bankers, in that part of Great Britain called Scotland. WHEREAS a practice has prevailed in that part of Great Britain called Scotland, of iuing notes, commonly called Bank Notes, for fums of money payable to the bearer on demand, or in the option of the iffuer or granter, payable at the end of fix months, with a fum equal to the legal intereft, from the demand to that time: and whereas notes, with fuch option as aforefaid, have been and are circulated in that part of the united kingdom to a great extent, and do pafs, from hand to hand, as fpecie, whereby great inconveniencies have arifen: for remedy whereof, may it pleafe your Majefty that it may be enacted; and be it enacted by the King's molt excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parFrom and af- liament affembled, and by the authority of the fame, That ter 15 May, from and after the fifteenth day of May, one thousand seven 1766, no notes hundred and fixty fix, it fhall not be lawful for any person or to be iffued in perfons whatsoever, bodies politick or corporate, to iffue or Scotland, and what shall be give, or cause to be iffued or given, within that part of Great circulated as Britain called Scotland, any note, ticket, token or other writing, fpecie, but for money, of the nature of a bank note, circulated, or to be payable on circulated, as fpecie, but fuch as fhall be payable on demand, demand; in lawful money of Great Britain, and without referving any and notes ifpower, or option of delaying payment thereof for any time or fued, and cirterm whatsoever; and that from and after the faid fifteenth day culated as of May, one thousand feven hundred and fixty fix, all notes, fpecie, previtickets, tokens, or other writings, for money, of the nature faid day, fhall of a bank note, iffued previous to the faid day, and circulated be payable on as fpecie in that part of the united kingdom, fhall, and they demand, notare hereby declared and adjudged to be payable, on demand, in withstanding lawful money aforefaid; any option, condition, or other claufe claufe to the therein contained to the contrary notwithstanding. ous to the contrary; II. Provided always, That nothing contained in this act that Poft bills, payprevent any perfon or perfons, bodies politick or corporate, from able at feven iffuing poft bills, payable feven days after fight, in the fame days fight, excepted: manner as they are at prefent iffued by the bank of England. III. And be it further enacted by the authority aforefaid, and perfons That all and every perfon and perfons whatsoever, bodies poli- acting contratick or corporate, and the legal adminiftrators of fuch perfon or ry hereto, forperfons, bodies politick or corporate, who fhail, after the faid feit 500l. fifteenth day of May, one thoufand feven hundred and fixty fix, iffue or caufe to be iffued, any note, ticket, token or other writing, for money, of the nature of a bank note, circulated, or to be circulated, as fpecie, contrary to the directions of this act before-mentioned, and to the true meaning and intent there of, fhall, for every fuch offence, forfeit and pay to the perfon with full costs or perfons who fhall inform or profecute for the fame, five hun- of fuit. dred pounds fterling, with full cofts of fuit; to be sued for and recovered, by way of complaint, before the court of feffion, upon fifteen days notice to the perfon or perfons, bodies politick or corporate, complained of; which complaint the faid court of feffionis hereby authorized and required fummarily to determine, without abiding the course of any roll. note, in order IV. And for rendering the payment of all notes, accepted bills, poft bills, tickets, tokens, or other writings, for money, of the nature of a bank or banker's note, circulated, or to be circulated, as fpecie, in that part of the united kingdom, more effectual, be it further enacted by the authority aforefaid, That Summary exfrom and after the paffing of this act, fummary execution fhall ecution may proceed upon every fuch note, accepted bill, poft bill, ticket, proceed upon token or other writing, at the inftance of the holder thereof, every fuch against the perfon or perfons, bodies politick or corporate, and to enforce the legal adininiftrators of fuch perfon or perfons liable in pay- payment of ment of the fame, not only for the fum or fums therein contain- the principal ed, but also for the intereft thereof, from the time of demand- and intereit. ing payment; and that a proteft, taken at the office of the per- Method of fon or perfons, bodies politick or corporate, liable, in payment protesting of the fame, between the hours of nine in the morning and where paythree in the afternoon, for not payment, or for not marking of nied, &c. any ment is de |