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Postage Act 1765
(5 Geo 3 c.25, 10th October 1765)

An act to alter certain rates of postage, and to amend, explain, and enlarge several provisions in an act made in the ninth year of the reign of Queen Anne, and in other acts relating to the revenue of the post office.
[10th October 1765]

Most gracious Sovereign,

WHEREAS the security and improvement of correspondence, throughout your Majesty's dominions, is a matter of great concernment, and highly necessary for the preservation and extension of trade and commerce: and whereas by an act made in the ninth year of the reign of her late majesty Queen Anne, several rates are settled for the port and conveyance of letters and packets passing to and from the several parts of the British dominions in Europe and America: and whereas by the increase of trade and commerce since the passing of the said act, and by the vast accession of territory gained by the late treaty of peace, several communications are opened, and new posts have been or may be established to and from the several parts of your Majesty's dominions in America, for which the rates of postage cannot, under the present law, be properly ascertained: and whereas the present rates of postage may in some parts be reduced, and the revenue nevertheless may hereafter be improved, by means of a more extensive circulation: we your Majesty's most dutiful and loyal subjects, the commons of Great Britain in parliament assembled, do most humbly beseech your Majesty that it may be enacted; and be it enacted by the King's most excellent majesty, 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 so much of the said act made in the ninth year of the reign of her said late majesty Queen Anne, intituled, An Act for establishing a general post office for all her Majesty's dominions, and for settling a weekly sum out of the revenues thereof for the service of the war, and other her Majesty's occasions, as establishes certain rates or sums for the port or conveyance of letters and packets passing between London and the British dominions in America, and between any places within the said dominions, shall, from and after the tenth day of October, one thousand seven hundred and sixty five, be, and is hereby, repealed.

II. And, to the end that more easy and equal rates of postage may be settled and established, and the benefit of posts be in time extended to every part of the British dominions in America, be it enacted by the authority aforesaid, That from and after the said tenth day of October, one thousand seven hundred and sixty five,it shall and may be lawful to and for his Majesty's post master general for the time being, and his deputy and deputies by him thereunto sufficiently authorized, to and for the use of his Majesty, his heirs, and successors, to demand, have, receive and take, for the port and conveyance of all and every the letters, packets, and other things, that shall be carried or conveyed to or from London, from or to any of the British dominions in America, and to or from any part of the said dominions, from or to any other part thereof, according to the several and respective rates and sums hereafter mentioned; the same being rated either by the letter, or by the ounce; that is to say,

For all letters and packets passing from London to any port within the British dominions in America, and from any such port unto London, for every single letter one shilling; for every double letter two shillings; for every treble letter three shillings; and for every ounce four shillings; and so in proportion for every packet of deeds, writs, or other things.
For all letters and packets conveyed by sea from any port in the British dominions in America to any other port within the said dominions, for every single letter four pence; for every double letter eight pence; for every treble letter one shilling; and for every ounce one shilling and four pence; and so in proportion for every packet of deeds, writs, or other things.
For the inland conveyance of all letters and packets to or from any chief post office established, or to be established, within the British dominions in America, from or to any other part of the said dominions, not exceeding sixty British miles distant from such chief offices respectively; or from the office where such letters or packets, not passing through any such chief office, may be put in, for every single letter four pence; for every double letter eight pence; for every treble letter one shilling; and for every ounce one shilling and four pence; and, being upwards of sixty such miles, and not exceeding one hundred such miles, for every single letter six pence; for every double letter one shilling; for every treble letter one shilling and six pence; and for every ounce two shillings; and, being upwards of one hundred such miles, and not exceeding two hundred such miles, for every single letter eight pence; for every double letter one shilling and four pence; for every treble letter two shillings; and for every ounce two shillings and eight pence; and for every distance not exceeding one hundred such miles beyond such two hundred miles, and for every such further distance, for every single letter two pence; for every double letter four pence; for every treble letter six pence; and for every ounce eight pence; and so in proportion, according to the said several and respective rates and distances, for every packet of deeds, writs, or other things.

III. And whereas by certain clauses in the said act, made in the ninth year of the reign of her said late majesty Queen Anne, it is enacted, That all letters and packets that, by any master of any ship or vessel, or any of his company, or any passengers therein, should or might be brought to any port town, or which should arrive or touch at any port belonging to any port town within any her Majesty's dominions, or any the members thereof, or which should be on board any ship or vessel which should or did touch or stay at any such port town (other than such letters as in the said act are excepted) should by such master, passenger, or other person or persons, be forthwith delivered unto the deputy or deputies of such post master general for the time being by him appointed for such place or port town, and to be, by such deputy or deputies, sent post unto the said general post office, to be delivered according to the several and respective directions of the same; upon pain of forfeiting the sum of five pounds of British money for every several offence against the tenor of the said act: and whereas the said provision, in the said above recited clause, hath been found ineffectual for the purposes intended; be it therefore further enacted by the authority aforesaid, That from and after the tenth day of October, one thousand seven hundred and sixty five, no ship or vessel shall be permitted to break bulk, or to make any entry in any port in the British dominions, until all letters and packets brought by any master of any such ship or vessel, or by any of his company, or any passenger on board the same, to any port in the said dominions where posts are or hereafter may be established, and from whence such letters and packets can or may be dispatched by post, shall be delivered to the deputy or deputies, or agents, of the said post master general for the time being, to be by him or them forwarded, according to their respective directions, in the same course that other letters are sent from such respective ports; except such letters, commissions, and other matter and things, as are excepted in the said act made in the ninth year of the reign of her late majesty Queen Anne; and also, except all such letters and packets as shall or may be brought in any ship or vessel liable to the performance of quarentine; all which letters or packets last-mentioned shall be delivered, by the person or persons having possession thereof, to the person or persons appointed to superintend the quarentine, that all proper precautions may be by him or them taken before the delivery thereof; and when due care has been had therein, the said letters or packets shall be by him or them dispatched, in the usual and accustomed manner, by the post; and all masters, mariners, passengers, and other person or persons, neglecting or refusing to deliver the letters or packets brought by them as aforesaid, shall, for every such neglect or refusal respectively, forfeit the sum of twenty pounds; to be sued for and recovered by action of debt, bill, plaint, or information, in any court of record within the kingdom, colony, plantation, or place, where the offence shall be committed; and no essoin, privilege, protection, or wager of law, shall be admitted; one moiety of the said penalty to his Majesty, his heirs, and successors, and the other moiety thereof to such person or persons who shall or will inform against such offender or offenders, and sue for the said penalties and forfeitures; and for every recovery such person or persons, so informing and prosecuting for the said penalties and forfeitures, shall recover and have also taxed and paid their full costs of suit; any thing in the said act, made in the ninth year of the reign of her majesty Queen Anne, to the contrary thereof notwithstanding.

IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said deputy or deputies to demand, have, receive, and take, for every such letter and packet so delivered from any ship or vessel, other than packet boats, to such deputy or deputies at the ports in his Majesty's dominions, as shall be directed to any place within the town belonging to such port, or within the limits of the delivery of letters and packets by such deputy and deputies, the rate or sum of one penny, over and above what may now be received for the same.

V. And be it further enacted by the authority aforesaid, That from and after the tenth day of October, one thousand seven hundred and sixty five, the rates now payable for the postage of letters and packets, sent or conveyed by the general post, not exceeding one post stage in Great Britain and Ireland, and not exceeding two post stages in that part of Great Britain called England, do cease and determine; and that from and after the said tenth day of October, one thousand seven hundred and sixty five, it shall and may be lawful to and for the said post master general, and his deputy and deputies by him thereunto sufficiently authorized, to and for the use of his Majesty, his heirs and successors, to demand, have, receive, and take, for the port and conveyance of all such letters and packets which he shall convey, carry, or send post, within the kingdom of Great Britain and Ireland, according to the several rates and sums hereafter-mentioned (the same being rated either by the letter or by the ounce) that is to say,

For the port or conveyance of every single letter, so conveyed or carried by the post as aforesaid, not exceeding one whole post stage from the office where such letter may be put in, within the kingdoms aforesaid, the sum of one penny; for every double letter two pence; for every treble letter three pence; and for every ounce four pence; and so in proportion for every packet of deeds, writs, or other things.
And for the port and conveyance of every single letter, so conveyed or carried by the post as aforesaid; above one post stage, and not exceeding two post stages, from the office where such letter may be put in, within that part of Great Britain called England, the sum of two pence; for every double letter four pence; for every treble letter six pence; and for every ounce eight pence; and so in proportion for every packet or deeds, writs, or other things.

VI. Provided always, and be it further enacted by the authority aforesaid, That nothing herein before contained shall extend, or be construed to extend, to alter, or in any wise to affect, the rates or sums to be paid for letters or packets or repassing by the carriage called The Penny Post.

VII. And whereas, for the more ready and extensive conveyance of letters and packets between that part of Great Britain called England, and Ireland, and for the conveniency of trade and commerce between the said kingdoms, it may be convenient and expedient to improve the communication for the conveyance of such letters and packets by the post through Carlisle, Dumfries, and Port Patrick, or some other convenient port in Scotland; and through Donaghadee, or some other convenient port in Ireland; be it further declared and enacted by the authority aforesaid, That it shall and may be lawful to and for the said post master general, and his deputy or deputies by him thereunto sufficiently authorized, to demand, have, receive, and take, for the port and conveyance of all letters and packets, passing and repassing by the post between England and Ireland, through Carlisle, Dumfries, Port Patrick, and Donaghadee, or other convenient ports in Scotland and Ireland, the same rates or sums for English postage, according to the number of miles or stages such letters and packets are carried by the post in England, as also the fame rates or sums for Scotch postage, according to the number of miles or stages such letters and packets are carried by the post in Scotland, and moreover the same rates or sums for packet postage between Port Patrick and Donaghadee, or other convenient ports in Scotland and Ireland, as likewise the same rates or sums for Irish postage, according to the number of miles or stages such letters are carried by the post in Ireland, as are respectively settled, established, and ascertained, by the said act made in the ninth year of the reign of her said late majesty Queen Anne, or by this present act.

VIII. And be it further enacted by the authority aforesaid, That so much of the said act, made in the ninth year of the reign of her late majesty Queen Anne, as directs, that the rates or sums to be paid for the conveyance of letters, to be sent by packet boats, between Port Patrick and Donaghadee, shall be paid at the place where such letter or letters are delivered, in order to be sent by such packet boats, shall, from and after the said tenth day of October, one thousand seven hundred and sixty five, be, and is hereby, repealed.

IX. And, to the end that all letters or packets may be charged with postage, according to the rated distance they are respectively carried by the post, and for preventing all disputes touching the same, be it further enacted by the authority aforesaid, That it shall and may be lawful to and for such person and persons as the post master general for the time being shall appoint, to measure, or cause to be measured, by the wheel, all the post roads which are now settled and established, or which shall hereafter be settled and established, in any part of the kingdoms of Great Britain and Ireland, and other the British dominions.

X. Provided always, That such person or persons, who shall be so appointed as aforesaid to measure the said distances, and every of them, shall be sworn to perform the same according to the best of their skill and judgement; which oath shall and may be administered by any justice of the peace, who is hereby authorized and required to administer the same, and to make certificates thereof in writing, to be entered, without fee or charge, in the three chief post offices in Great Britain and Ireland; and the chief post offices established, or to be established, in America; and moreover, that such person or persons so to be appointed by such post master as aforesaid, shall, and they are hereby required to cause fair surveys or books to be made out; one of each whereof shall be left with his Majesty's post master general in London, another of each to be left at the chief post office in Edinburgh with the post master general's deputy there, another of each to be left at the chief post office at Dublin with the post master general's deputy there, and another of each of such surveys or books shall be left at each of the chief post offices established, or to be established, in America, with the respective deputies of the post master general there, to remain in the said post offices; each of which said surveys or books shall be signed by the person or persons making the same, who shall and are hereby respectively required to make oath of the truth of such surveys; which oath or oaths shall and may be administered by any justice of the peace, who is hereby authorized and required to administer the same; and a certificate of his or their having sworn to the truth thereof hall be signed by the post master general for the time being, or by his deputy or deputies, in such chief post offices in Great Britain and Ireland, and in the British dominions in America; which books and surveys shall determine the distances on all the said post roads: and in case of any suspicion of error or wrong admeasurement, it shall and may be lawful for the said post master general to cause new surveys to be made; and the last surveys which shall be made, and shall be verified and attested as above directed, shall in all courts of justice, be evidence of the distances on such post roads; and all rates granted by any former act or acts, or by this present act, for the port or conveyance of letters and packets, shall be paid and taken according to such surveys.

XI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the post master general for the time being, and his deputy and deputies by him thereunto sufficiently authorized, to settle and establish an office, to be called The Penny Post Office, in any city or town, and the suburbs thereof, and places adjacent, within the kingdoms of Great Britain and Ireland, and the British dominions in America, where such post shall, by the post master general, be adjudged necessary and convenient; and to demand, have, receive, and take, the same rates and sums for the postage and conveyance of all letters and packets, conveyed by such penny post, as are or may be taken for the carriage of letters and packets, sent or conveyed by the carriage called The Penny Post, established and settled within the cities of London and Westminster, and borough of Southwark, and parts adjacent, according to the extent and meaning of the said act made in the ninth year of her said late majesty Queen Anne, and of an act made in the fourth year of his late majesty King George the Second, and of this present act.

XII. And be it further enacted by the authority aforesaid, That when such penny post office or offices shall be settled and established in such cities, towns, suburbs, or places adjacent, within the kingdoms of Great Britain and Ireland, and the British dominions in America, as aforesaid, no person or persons whatsoever shall make any collection of letters or packets in or near such city, town, suburbs, or places, where such penny post office or offices shall be established, without licence or leave of the post master general for the time being; upon pain of incurring the forfeitures and penalties to be forfeited and paid by persons collecting, receiving, carrying, recarrying and delivering letters, contrary to the said act made in the ninth year of the reign of her said late majesty Queen Anne, to be recovered in manner as by the said act is directed, and with full costs of suit.

XIII. And be it further enacted and declared by the authority aforesaid, That all letters and packets whatsoever, which shall or may be brought, by the inland or foreign post, to the general post office in London, directed to any person or persons at any place or places beyond the delivery of the inland or foreign departments of the general post office respectively, and within the delivery of the said office called The Penny Post Office, shall be conveyed and delivered by the said penny post office; and that it shall and may be lawful for any messenger or person, carrying or transmitting such letters or packets, to demand and take for the carriage and delivery of the same, one penny, and no more, over and above the rates of postage which shall have become due, for the port or conveyance of such letters or packets to the general post office.

XIV. And whereas the weight of letters and packets, sent or conveyed by the carriage called The Penny Post, hath not yet been ascertained by any law or statute: and whereas many heavy and bulky packets and parcels are now sent and conveyed by such carriage, which by their bulk and weight, greatly retard the speedy delivery thereof; be it thereof enacted by the authority aforesaid, That from and after the fifth day of July, one thousand seven hundred and sixty five, no letter, packet, or parcel whatsoever, shall be forwarded, sent, or conveyed, by any carriage called The Penny Post already established, or hereafter to be established, if the weight of such letter, packet, or parcel, shall exceed the weight of four ounces, other than such letters or packets as have first come by the post to the general post office, or shall be passing by the said carriage called The Penny Post, into the said general post office.

XV. And whereas by the said act, made in the ninth year the reign of her said late majesty Queen Anne, certain rates established for all letters passing from London through the Spanish Netherlands, or the United Provinces, to Hamburgh (post-paid to Antwerp or Amsterdam) and from Hamburgh through the Netherlands, or the United Provinces, unto London; be it enacted, That so much of the said act, made in the ninth year of the reign of her said late majesty Queen Anne, as establishes the rates last above mentioned, shall, from and after the fifth day of July, one thousand seven hundred and sixty five, be, and the same is hereby repealed; and the said rates shall from thenceforth cease and determine: and from and after the said fifth day of July, it shall and may be lawful to and for the said post master general, and his deputy or deputies by him thereunto sufficiently authorized, to and for the use of his Majesty, his heirs, and successors, to demand, have, receive, and take, for the port and conveyance of all letters and packets, sent or conveyed by the post from London to Hamburgh, or from Hamburgh to London, the same rates or sums of money which, by the said made in the said ninth year of the reign of her said late majesty Queen Anne, are settled, and appointed to be taken for all letters and packets passing by the post from London to all other parts of Germany.

XVI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said post master general, and his deputy and deputies, if such post master general shall deem it necessary and expedient, to cause the rates or sums for the postage of all letters and packets which are to be sent by the post out of the kingdom of Great Britain, to be paid upon their being put into any post office within the said kingdom.

XVII. And be it further enacted by the authority aforesaid, That if any deputy, clerk, agent, letter carrier, or other officer whatsoever, appointed, or to be hereafter appointed and employed in the business of the post office, shall, from and after tenth day of October, one thousand seven hundred and sixty five, secrete, embezzle, or destroy, any letter, packet, bag, or mail of letters, which he, she, or they, shall and may be respectively entrusted with, or which shall have come to his, her, or their hands or possession, by virtue of their respective employments in the said post office, containing any bank note, bank post bill, bill of exchange, exchequer bill, South Sea or East India bond, dividend warrant of the bank, South Sea, East India, or any other company, society, or corporation, navy or victualling bill, seaman's ticket, state lottery ticket, goldsmith's note for the payment of money, or other bond or warrant, bill, or promissory note for the payment of money, or American provincial bill of credit; or shall steal and take, out of any letter or packet that shall come to his, her, or their hands of possession, by virtue of their respective employments, any such bank note, bank post, bill, bill of exchange, exchequer bill, South Sea or East India bond, dividend warrant of the bank, South Sea, East India, or any other company, society, or corporation, navy or victualling bill, seaman's ticket, state lottery ticket, goldsmith's note for the payment of money, or other bond or warrant, or promissory note for the payment of money, or American provincial bill of credit, with intent to secrete, embezzle, or destroy the same; every such offender or offenders, being thereof convicted in due form of law, shall be deemed guilty of felony, and shall suffer death as a felon.

XVIII. And be it further enacted by the authority aforesaid, That from and after the said tenth day of October, one thousand seven hundred and sixty five, if any person or persons whatsoever shall rob any of his Majesty's mails of any letter or letters, packet or packets, bag or mail of letters, although such robbery shall not appear, or be proved, to be a taking from the person, or upon the King's highway, or to be a robbery committed in any dwelling-house, or any coach-house, stable, barn, or any outhouse belonging to a dwelling-house, and although it should not appear that any person or persons were put in fear by filch robbery, yet such offender or offenders, being thereof convicted as aforesaid, shall nevertheless respectively be deemed guilty of felony, and shall suffer death as a felon.

XIX. And be it further enacted by the authority aforesaid, That is any deputy, clerk, agent, letter carrier, or other servant, appointed, authorized, and intrusted, to take in letters or packets, and receive the postage thereof, shall, after the said tenth day of October, imbezzle, or apply to his, her, or their own use, any money or monies by him, her, or them, received with such letters or packets, for the postage thereof; or shall burn or otherwise destroy any letter or letters, packet or packets, by him, her, or them, so taken in or received; or who, by virtue of their respective offices, shall advance the rates upon letters or packets sent by the post, and shall not duly account for the money by him, her, or them, received for such advanced postage; every such offender or offenders, being thereof convicted as aforesaid, shall be deemed guilty of felony.

XX. And be it further enacted by the authority aforesaid, That if any post boy or rider, having taken any of his Majesty's mails, or bags of letters or packets, under his care, in order to convey the same to the next post town or stage, shall, after the said tenth day of October, quit or desert the same before his arrival at such post town or stage, or shall suffer any other person or persons (the person or persons employed to guard such mail or bags of letters and packets only excepted) to ride on the horse or carriage along with the said mails or bags of letters and packets; or shall loiter on the road, and wilfully mispend his time, so as to retard the arrival of the said mails or bags of letters at the next post town or stage; or shall not, in all possible cafes, convey such mails or bags of letters after the rate of six English miles an hour at the least; every such offender, for every such offence, being thereof convicted, either by voluntary confession of the party, or by the oath or oaths of one or more credible witness or witnesses, before any one or more justice or justices of the peace (which oath and oaths the said justice or justices is and are hereby respectively impowered and required to administer) shall be sent to the house of correction, and confined to hard labour for any time not exceeding one month, nor less than fourteen days.

XXI. And be it further enacted by the authority aforesaid, That from and after the said tenth day of October, if any post boy or post boys, rider or riders, shall, by himself or themselves, or in combination with others, unlawfully collect or receive letters or packets, or convey, or cause letters and packets to be unlawfully conveyed, and shall thereof be convicted, either by the voluntary confession of the party, or by the oath of one or more credible witness or witnesses, before any one or more justice or justices of the peace (which oath and oaths the said justice and justices is and are hereby respectively impowered and required to administer) every such offender or offenders shall for every letter or packet so by him or them unlawfully collected, conveyed, or delivered, forfeit the sum of ten shillings, to be paid to the informer; and if the fame shall not be forthwith paid upon conviction, it shall and may be lawful for such justice and justices to commit such offender or offenders to the house of correction, there to remain at hard labour for any space exceeding two months, nor less than one month.

XXII. And be it further enacted by the authority aforesaid, That all and every the clauses, provisoes, powers, privileges, advantages, disabilities, penalties, forfeitures, and methods for the recovery of the same matters and things, contained in the said act made in the ninth year of the reign of her said late majesty Queen Anne, or in any other act or acts whatsoever, touching the general post office, or the carriage called The Penny Post Office, and not herein and hereby expresly altered or repealed, shall be applied and extended, and shall be construed to apply and extend, to this present act, as fully and effectually, to all intents and purposes, as if the same had been particularly repeated and re-enacted in the body of this present act.

XXIII. And be it further enacted and declared, That all rates or sums of money established or appointed by this act, and also all sums of money imposed as forfeitures or penalties, and all sums of money required to be paid, and all other monies herein mentioned, shall be deemed and taken to be sterling money of Great Britain, and shall be collected, taken, recovered, and paid, to the amount of the value which such nominal sums bear in Great Britain.

XXIV. And be it further enacted by the authority aforesaid, That all the monies arising by the rates aforesaid, except the monies which shall be necessary to defray such expences as shall be incurred in the collection and management of the same, all other expences attending the said office, and the due execution of the acts relating thereto, shall be appropriated and applied to such and the same uses, to which the present rates of postage are respectively now by law appropriated and made applicable.

XXV. Provided always and be it further enacted by the authority aforesaid, That all charges, out-goings, and disbursements, necessary for the receipt and management of the said rates, and the rates granted by former acts, and all other expences attending the said office, and the due execution of the several acts relating thereto, be allowed and paid, in like manner as the same have heretofore been allowed, authorized, and paid, at any time since the commencement of the rates granted by the said act made in the ninth year of the reign of Queen Anne; any thing in this act, or in an act passed in the first year of his Majesty's reign, intituled An act for the support of his Majesty's houshold, and of the honour and dignity of the crown of Great Britain, to the contrary notwithstanding.

XXVI. And whereas by an act made in the fourth year of the reign of his present Majesty, intituled An act for preventing frauds and abuses, in relation to the sending and receiving of letters and packets free from the duty of postage, it is enacted, That from and after the first day of May, one thousand seven hundred and sixty four, so long as the revenue arising in the general letter office or post office, or office of post master general, shall continue to be made part of the aggregate fund, no letters or packets sent by the post, to or from any place whatsoever, shall be exempted from paying the duty of postage, except such letters and packets as are therein particularly excepted: and whereas the privilege of sending and receiving letters and packets, free from the duty of postage, is not by the said act extended to the pay master general of his Majesty's forces for the time being, or to the clerk of the parliaments, or to the clerk of the house of commons of Great Britain, for the time being, who, by virtue of their respective offices and employments, necessarily send and receive many letters relating to the publick concerns of these kingdoms; be it therefore enacted by the authority aforesaid, That from and after the passing of this act, the said pay master general of his Majesty's forces for the time being, shall and may send and receive letters, free from the duty of postage, in the same manner, and under such restrictions, as other officers mentioned in the said act are thereby permitted, in respect of their offices, to send and receive; and that the said clerk of the parliaments, and clerk of the house of commons of Great Britain, for the time being, shall and may respectively, from and after the passing of this act, send and receive letters, free from the duty of postage, in the same manner, and under such restrictions, as any member of either of the two houses of parliament of Great Britain now send and receive the same, in pursuance of the said act.

XXVII. And be it further enacted by the authority aforesaid, That is any action or suit shall be commenced against person or persons for any thing done in pursuance of this act, the same shall be commenced within six months after the fact committed, and not afterwards; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this act, and the special matter, in evidence; and the same was done in pursuance, and by the authority of this act: and if it shall appear so to be done, or that such action or suit shall be commenced after the time before limited for bringing the same, that then the jury shall find for the defendant or defendants; and upon a verdict for the defendant, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his, her, or their action or suit, after the defendant or defendants shall have appeared; or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and have the like remedy for the same, as any defendant or defendants hath or have in any other cases by law.