of this Act, (2) alledging in such Avowry, Cognizance or Justification, that the said Distrefs, Sale, Trespass or other Thing whereof the Plaintiff or Plaintiffs complained, was done by Authority of this Act, and according to the Tenor, Purport and Effect of this Act, without any Expressing or Rehearsal of any other Matter of Circumstance contained in this present Act: (3) To which Avowry, Cognizance or Justification the Plaintiff shall be admitted to reply, That the Defendant did take the said Distrefs, made the said Sale, or did any other Act or Trefpass supposed in his Declaration, of his own Wrong, without any such Cause alledged by the said Defendant; whereupon the Issue in every such Action shall be joined to be tried by Verdict of twelve Men, and not otherwise, accustomed in other personal Actions; (4) and upon the Trial of that lssue, the whole Matter to be given on both Parties in Evidence, according to the very Truth of the same; The Defendant shall recover treble damages and Costs of Suits.(5) And after such Issue tried for the Defendant, or Nonsuit of the Plaintiff after Appearance, the said Defendant to recover treble Damages by reason of his wrongful Vexation in that Behalf, with Costs also on that Part sustained, and that to be assessed by the same Jury, or Writ to enquire of the Damages, as the same shall require: The Continuance of this Act(6) This Act to continue until the first Session of the next Parliament.[n 1][1]
- ↑ [3 Car. 1. c. 4. Continued until the End of the first Session of the next Parliament, and farther continued by 15 Car. 1. c. 4.]
Direct citations:
See also:
- ↑ Farther provisions concerning prisoners. 13 Car 2. St. 2. 19. Car. 2. c. 4. 22&23 Car. 2. c. 20 4 & 5 W. & M. c. 21. 8&9 W. 3. c. 27. 11 & 12 W. 3. c. 19. 1 Ann St.2 c. 6. 5 Ann. c. 9 9 Geo 1. c. 28. 12 Geo 1. c. 22 11 Geo. 2. c. 20. 16 Geo 2. c. 31. 27 Geo 2. c. 3 & 17 30 Geo 2. c. 28
CAP. XI.
An Act for Transportation of Beer over the Seas.
'WHEREAS by a Statute made in the first Year of the Reign of our now most gracious Sovereign Lord King James [d 1], it is lawful to transport over the Seas Barley or Malt, when the common Price thereof shall not exceed the Prices in the said Statute limited; When Beer may be transported by any Person, and to what place.(2) by which said Act it is lawful for every Person and Persons, being Subjects of the King's Majesty, his Heirs and Successors, to transport of his own, and to buy and transport unto any Port beyond the Seas in Amity with his Majesty, to sell as Merchandize, in Ships, Crayers or other Vessels, whereof any English-born Subject or Subjects then shall be the Owner or Owners, any Barley or Malt, when the Price of every such Quarter of Barley or Malt, exceeds not at the Times, Havens and Places, where and when the same shall be shipped or laden, the Sum of fourteen Shillings current English Money, paying to the King's Majesty, his Heirs and Successors, for the Custom and Poundage of every such Quarter of Barley and Malt so transported, the Sum of Sixteen-pence, in full Satisfaction of all Matter of Custom and Poundage for the same: The several Benefits arising by the transporting of beer more than of Malt.(3) Now for that by the Transporting of Beer, the Custom and Poundage that will grow due to the King's Majesty for the same will be much greater, than when the Barley or Malt whereof the said Beer is made is transported, and also that the Navy and Mariners of this Realm will be the more increased, for that one Ship or Boat Load of Barley or Malt will, if the same be brewed out into Beer, make four several Ships or Boats Load of the same Burthen of Beer to be transported: (4) The Tillage likewise of this Realm will be cherished and increased, by reason of the more speedy and often Vent of the Beer than of Barley or Malt: (5) And also by the Brewing of such Malt into Beer within this Realm to be transported, divers Port-Towns will be greatly comforted and relieved, many of his Majesty's Subjects thereby imployed and set on Work, and the Trades of Coopers and Brewers will be thereby better enabled to live and maintain themselves, their Wives, Children and Families':
At What time Beer may be transported by any personII. Be it therefore enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and by the Commons, in this present Parliament assembled, and by the Authority of the same. That Beer may be at all Times from and after the Feast of Pentacost which shall be in the Year of our Lord God one thousand six hundred and seven, it shall and may be lawful for all and every Person and Persons to transport of his own, or to buy and transport, or cause to be bought and transported, any Beer with the Case, unto any Place or Places beyond the Seas in Amity and League with his Majesty, his Heirs or Successors, to sell as Merchandize or otherwise, in Ships, Crayers, or other Vessels, when the Price of every Quarter of Malt at the Times, Havens and Places, when and where the same shall be shipped and loaden, exceed not the Sum of sixteen Shillings current English Money; any Ordinance, Law, or Statute to the contrary thereof in any wife notwithstanding: What Impost and Custom shall be paid for Beer transported. (2) And that the King's Majesty, his Heirs and Successors, shall have and receive by the Customers, Comptrollers and Officers of his Ports where such Beer shall be so shipped or loaden to be transported, the Sum of eight Shillings six Pence for Impost, and eighteen Pence for Custom, to be paid by every Subject of the King's Majesty, his Heirs and Successors, for every Ton of Beer so to be transported: (3) And likewise the Sum often Shillings for Impost, and two and twenty Pence Half-peny for Custom, to be paid by every Stranger; (4) which shall be in full Satisfaction of all manner of Custom, Poundage, Impost, or other Duties whatsoever for the same Beer; any Constitution, Order, Law, Statute or Custom heretofore made, used or taken for transporting of any such Beer, to the contrary in any wife notwithstanding.
III. Provided nevertheless, and be it further enacted and declared, That this Act nor any Thing therein contained, shall extend to repeal or make void any Clause, Article or Provision contained in any former Law now in Force[1], touching the Bringing in of Clapboard, Cask or Shaffoldboard, but that every such Branch, Article, Clause or Provision, shall extend as well unto all and every Transportation or Transportations made lawful and warranted by Virtue of this Act, as otherwise; any Thing contained in this Act to the contrary notwithstanding. The Continuance of this Act (2) This Act to continue but to the End of thefirst
