A. D. 1770.
Anno decimo GEORGII III.
C. 45, 46, 47.
779
XXXVIII. And be it further enacted by the Authority aforefaid, That if any Action or Suit fhall Penalty on difobeying be commenced against any Perfon or Perfons for any Thing done in purfuance of this Act, the De- their Prohibition. fendant or Defendants in fuch Action or Suit may plead the General Ifue, and give this Act and the General Imut. Special Matter in Evidence at any Trial to be had thereupon; and that the fame was done in purf- 213 d by Authority of this Act, or of fome Rule, Order, or Regulation, made or to be made in punce of this Act: And if it fhall appear fo to have been 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 shall be given upon any Verdict or Demurrer against the Plaintiff, the Defendant or Defendants fhall and may recover Treble Cofts, Treble Coli. and have the like Remedy for the fame, as the Defendant or Defendants hath or have in other Cafes by Law.
XXXIX. And be it further enacted by the Authority aforefaid, That this Act fhall continue and Act to continue till 29 be in Force until the Twenty-ninth Day of September, One thousand seven hundred and feventy-one, Sept. 1771, &c.- and from thence to the End of the then next Seffion of Parliament.
C A P. XLVI.
An Act for establishing a Lottery, and for other Purposes therein mentioned. EXP.
CA P. XLVII
An Act for better regulating Perfons employed in the Service of the East-India Company, and for other Purposes therein mentioned.
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WHEREAS, by an Act paffed in the Seventh Year of the Reign of flys Jute Majefty King Preambig, redting A
George the First, intituled, An Atl for the further preventing His Majesty's Subje&ts from trad- 7 Geo, L. ing to the Eaft Indies under Foreign Commiffions, and for incouraging and further fecuring the lawful
'Trade thereto; and for further regulating the Pilots of Dover, Deal, and the Ifle of Thanet; it was
amongst other Things enacted, That it fhould and might be lawful to and for His Majesty's Attor ney General for the Time being, at the Relation of the faid Company, or by his own Authority, to exhibit a Bill or Bills of Complaint in His Majesty's Court of Exchequer, against any Perfon or
• Perfons trading, dealing, trafficking, or adventuring, at any Time from and after the faid Twenty- fourth Day of June, One thousand feven hundred and twenty-one, in, to, or from the East Indies, 'or Places therein before mentioned, contrary to Law; or against any Perfon or Perfons concerned as Agent, Factor, or Copartner with fuch illegal Traders; for discovering of fuch their trading, dealing, trafficking, and adventuring, and for Recovery of fuch Duties and Damages as are therein ' and herein after mentioned; waving or difclaiming, in every fuch Bill, all the Penalties and For- 'feitures, incurred by fuch Perfon or Perfons for the Matters in fuch Bill or Bills contained; and that fuch Perfon or Perfons fhould anfwer the faid Bill or Bills, and not plead or demur to the Difco- very thereby fought; and pay to His Majefty the Customs and Duties of the Goods and Merchan- dizes arifing, produced, or purchased by the faid unlawful Trade, Traffick, or Adventuring; and 'fhould answer and pay to the faid Company for the fame Thirty Pounds per Centum according to the Value thereof in England: And whereas the faid Sum of Thirty Pounds per Centum fo enacted to be paid to the faid United Company, as and for Damages on account of fuch illicit Trade as aforefaid, hath been found inadequate and infufficient for preventing the faid illicit Trade, and for making good to the faid Company the Damage they have sustained thereby: Now, for the more effectually 'preventing fuch illicit Trade, and for making a better Compenfation or Recompence to the faid United Company, by way of Damages, for any Lofs or Prejudice they may fuftain by the illicit 'Practices aforesaid,' be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament allem- bled, and by the Authority of the fame, That from and after the paffing of this Act, all and every Perfons concerned in il- Perfon or Perfons, Adventurer or Adventurers, profecuting or concerned in fuch illicit Trade, Traf- licit Trade to py to fick, and Dealings as aforefaid, fhall, over and befides the Duties and Cuftoms by Law payable to Eat India Company His Majefty, forfeit and pay to the faid United Company the Sum of One hundred Pounds per Gentum, 100!. per Cent. ad Va- according to the Value, in England, of the Goods, Merchandizes, and Effects, fo illicitly traded, lorem, over and ove trafficked, or dealt in, inftead and in lieu of the faid Sum of Thirty Pounds per Centum, mentioned in former Penalty the faid Act, which faid Sum of One hundred Pounds per Centum, fhall and is hereby dire Red to be recovered as by Act, fued for and recovered in fuch and the like Manner, as in and by the faid recited Act, made in the Geo. 1. Seventh Year of the Reign of His faid late Majesty King George the Firit, is prescribed and en- acted with respect to the faid Sum of Thirty Pounds per Centum; any Thing therein to the contrary notwithstanding.
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II. And whereas fundry Captains and other Officers and Mariners of Ships, in the Service of the faid United Company, bound to India, do oftentimes in a clandeftine Manner carry and tranf- port to the East Indies aforefaid great Quantities of Artillery, Ordnance, Muiquets, Fire Arms, 'Ammunition, and Warlike Stores, and there fell and difpofe thereof to the Natives, and alfo to Powers in those Parts at War or in Enmity with the faid United Company, or to other Persons through whofe Hands the fame do or may come to the Ufe of fuch Powers; to the great Injury of 'the Publick, as well as of the said United Company and their Poffeffions and Trade in India: There-
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