Embezzlement of Public Stores Act 1697

V. In Actions for executing Act,;

General Issue may be pleaded; Treble Costs.

And for the better Encouragement of such Persons who shall make Seizures or Discoveries of any such Stores imbezelled or stolen Be it enacted by the Authority aforesaid That in case any Person or Persons shall be sued or prosecuted for or by reason of their discovering or seizing any such Stores or Goods so marked as aforesaid that in every such Case such Person so sued or prosecuted may plead the General Issue and give this Act and the special Matter in Evidence and in case that upon the Tryal of such Issue the Defendants so sued shall make proof that such Goods or Stores so discovered or seized by them were so marked as aforesaid and that X1 Plaintiffs or Prosecutors in such Suit or Prosecution shall not at such Tryal make good proof that they were so imployed or had such Certificate as aforesaid before such Discovery and Seizure made and that they did shew the same unto such Defendants before such Suit or Prosecution commenced or brought such Defendant shall be acquitted and found not guilty thereupon unless such Defendants upon sight of such Certificate did not deliver back unto such-Plaintiffs or Prosecutors at their Request or otherwise all such Goods and Stores so seized in as good Plight and Condition as they were at the time of such Certificate shewn and in case any such Defendants shall be so or otherwise acquitted on such Tryal and that such Plaintiffs or Prosecutors shall discontinue such their Suit or Prosecution or be nonsuited therein such Defendants shall recover treble Costs.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: the O. [O. refers to a collection in the library of Trinity College, Cambridge]