Penalty. Owners of Wool within 10 Miles of the Sea Side, in Kent or Suffex, to give Account of Fleeces, &c. Penalty. Certificate, &c. No Perfon fhall fell Wool within 15 Miles of the Sea Side, in Kent or Suffex, unless entred, &c. Nor remove it from where firft houted. any other foreign Parts, upon any Pretence whatfoever, but that the Exporters being legally convicted, fhall be liable to the Forfeitures of one Shilling for every Pound Weight. III. And whereas it is a common Practice in Romney Marsh and other Places adjacent, for evil difpofed Perfons to fheer their Sheep and lodge Wool near the Sea Side, and fometimes to bring Wool out of the Country more remote and lodge it as aforefaid, where by Fraud and Force in the Night Time, the faid Perfons do cause the fame to be tranfported to France, to the Increase of the Trade of that Kingdom, and the Deftruction of the Trade of England: To prevent these Practices for the future, Be it further enacted by the Authority aforefaid, That all and every Owner and Owners of Wool fhorn or houfed, laid up or lodged, within ten Miles of the Sea Side, within the Counties of Kent and Suffex, fhall be obliged to give an exact Account in Writing, within three Days after the sheering thereof, of his, her or their Number of Fleeces, and where lodged or houfed, to the next adjacent Port or Officer of His Majefty's Cuftoms, and the like Notice before he, the or they fhall prefume to remove any Part or Parcel thereof, of the faid Number of Fleeces and Weight, and the Name and Abode of the Perfon or Perfons to whom it is difpofed, and the Place to which it is intended to be carried; and to take a Certificate from the Officer who firft entred the fame, upon the Penalty of forfeiting all fuch Wool as fhall not be fo entred or otherwife difpofed of, and the Owner or Owners alfo to be liable to the further Penalties of three Shillings for every Pound Weight of all fuch Wool, as if the fame had been actually tranfported; which faid Account the Officers respectively are hereby required to take gratis, and to give fuch Certificate or Certificates, without Delay, to the Party or Parties demanding the fame, and fhall therein specify the Name or Names of the Owners and Buyers thereof, and limit it to fuch Times and Places to be removed; for which Duty and Service the said Officer or Officers shall take and demand the Sum of Six pence and no more for each Certificate, upon any Account or Pretence whatsoever. IV. And whereas it is a common Practice in the said Marsh, for divers Perfons, not refident upon the Place, to buy up great Quantities of Wool and tranfport, or cause the fame to be tranfported out of this Kingdom: For preventing fuch Practices for the future, Be it further enacted by the Authority aforefaid, That no Perfon or Perfons refiding within fifteen Miles of the Sea, in the Counties of Kent and Suffex, fhall prefume to buy any Wool, before they do enter into Bond to the King's Majefty, His Heirs or Succeffors, with Sureties, that all the Wool they buy fhall not be fold by them to any Perfon or Perfons within fifteen Miles of the Sea; and in cafe any Wool be found carried towards the Sea Side in the Counties aforefaid, unless fuch Wool be first entred and Security given, the fame fhall be forfeited, and the Perfon or Perfons offending therein fhall also forfeit three Shillings for every Pound Weight of all fuch Wool. V. And be it further enacted by the Authority aforefaid, That no Wool removed from the Place where it was first housed, lodged or laid, after fheering, within ten Miles as aforefaid, fhall be Penalty. be lodged after the firft removing, within fifteen Miles of the Sea, in the Counties aforefaid, upon Pain of forfeiting all fuch Wool, if found; but if carried away, then every Perfon or Perfons, who were the Owners of the faid Wool, to forfeit for every Pound Weight the Sum of three Shillings. VI. And be it further enacted by the Authority aforefaid, Wool laid within That all and every Perfon or Perfons that fhall lay, or cause to be 15 Miles of the laid or hid, any Wool within fifteen Miles of the Sea, and not Sea, forfeited, entred as aforefaid, all fuch Wool fhall be feized and forfeited; &c. that upon any Seizure of fuch Wool, every Perfon laying Claim to the fame, fhall give fufficient Security in His Majesty's Court of Exchequer (if caft upon Trial) to pay Treble Cofts, over and above the Penalties and Forfeitures aforefaid. VII. Provided always and be it further enacted by the Authority aforefaid, That if any Action or Suit fhall be brought and profecuted by any Perfon or Perfons against any Perfon employed in the Execution of this Act, for any Matter, Caufe or Thing, by them or either of them done, committed or executed by virtue of this Act, or any Claufe or Article therein contained; that then and in every fuch Cafe the Defendant or Defendants may plead the General Iffue, and give the Special General iffue. Matter in Evidence at the Trial, that the fame was done in pursuance and by Authority of this Act; and if upon Examination it fhall fo happen to be done, the Jury fhall find for the Defendant or Defendants; and in fuch Cafe, or if the Plaintiff shall be nonfuit, or difcontinue his Action, the Defendant or Defendants fhall have and recover Treble Cofts, which he or they Treble Cofts. fhall fuftain or be put unto, by reafon of his or their wrongful Vexation in Defence of the said Action or Suit. VIII. And it is hereby further enacted by the Authority Penalties, How to aforefaid, That all the Forfeitures and Penalties before in this be diftributed. Act mentioned, fhall be diftributed in Manner and Form following, viz. one third Part to the Ufe of His Majefty, His Heirs and Succeffors, and the other two thirds to the Use of such Perfon or Perfons as fhall feize or fue for the fame, by Bill, Plaint or Information, in any of His Majefty's Courts at Westminster, wherein no Effoin, Protection or Wager of Law fhall be allowed. IX. And whereas by an Act of Parliament made in the 12 Car. 2. c. 32. twelfth Year of the Reign of King Charles the Second (a) it is enacted, That no Perfon or Perfons what foever fhould, at any Time thereafter, be impeached for any Offence against the faid Act, unless fuch Perfons be profecuted within one Year next enfuing fuch Offence committed; And whereas a great · many Perfons have been guilty of tranfporting Wool, but Difcovery thereof hath not been made till the Expiration of twelve Months after the Offence committed, to the great Encouragement of feveral notorious Offenders;' For the Prevention Exporters of whereof be it enacted by the Authority aforefaid, That it fhall Woul, &c. may and may be lawful for His Majefty to caufe fuch Perfon or Per- be profecuted in 3 Years after fons, as are or fhall be guilty of tranfporting or caufing to be offence. tranfported any Wool, Wool-fells, Fullers Earth or Scouring Clay, to be fued and profecuted at any Time within three Years after the Offence committed, in the fame Manner as Informations on other penal Statutes have been ufually and may lawfully be profecuted. (a) [Repealed, 28 G. 3. c. 38. § 1.] VOL. VI. L X. And Owners of Wool, thorn, &c. within Borders of Scot- X. And for the better preventing the carrying of Wool into Scotland from England, Be it further enacted by the Authority aforefaid, That from and after the faid four and twentieth Day of June, all and every Owner or Owners of Wool, fhorn, laid up or lodged within fifteen Miles of the Borders of Scotland, shall and are hereby required to give an exact Account of his, her or their Number of Fleeces, and where lodged or houfed, to such Perfon or Perfons as fhall be appointed and impowered for that Purpose, pursuant to the Direction or true Meaning of the aforefaid Act of Parliament, made in the first Year of His prefent Majefty and the late Queen; which Perfon or Persons shall give Attendance for that Purpose at the feveral Ports and Market Towns within the faid Diftance of fifteen Miles; and fhall and are hereby reand make Entry quired to make a true Entry of fuch Wool, in a Book to be kept for that Purpose: And in cafe any Owner or Owners of fuch Wool fhall neglect or refufe to give fuch Account to fuch Perfon or Perfons, as fhall after fuch Notice given, remove fuch Wool, or any Part thereof, without Licence from fuch Perfon or Perfons as fhall have made fuch Entry, he, fhe or they, fo neglecting or refufing, or removing, afterwards, his, her or their Wool, or any Part of it, without Licence as aforefaid, fhall forfeit three Shillings for every Pound Weight of fuch Wool; and all the Wool thereof. Penalty. Wool unentred and fonnd, &c. torfeited. & 8W.3. c. 28. that fhall be found within the Distance aforefaid, of the Borders of Scotland, not entred as aforefaid, fhall be and is hereby forfeited, one third Part to His Majefty, His Heirs and Succeffors, and the other two third Parts to him or them who fhall fue for the fame in any of His Majefty's Courts of Record at Westminster, in which no Efloin, Protection, or Wager of Law, or more than one Imparlance fhall be allowed. XI. And whereas by an Act made in the Parliament held in the feventh and eighth Years of His prefent Majefty, intituled, • An A&t for the more effectual preventing the Exportation of Wool, and for the encouraging the Importation thereof from Ireland, amongst other Things it is enacted, That the Hundred out of which any Wool fhall be exported, be liable to fuch Penalties and Forfeitures as is mentioned in the faid Act; but the Hundred of Winchelfea in the Cinque Ports being divided by a navigable Arm of the Sea, fo that the Inhabitants on the one Side thereof cannot be privy to or prevent what is done by thofe of the other Side;' Be it therefore enacted by the Authority aforefaid, That the faid Hundred of Winchelfea fhall be deemed Winchellea to be and taken, in refpect to the faid Act, as two diftinct Hundreds Hundred of taken as two diftin& Hun dreds, &c. as to Wool. (that is to fay) the Part of the one Side of the faid Arm of the Sea as one Hundred, and the Part on the other Side as one other intire Hundred; and the Penalties which may be forfeited for fuffering fuch Exportation fhall affect, charge and be levied on that Part only of the faid Hundred which lies on the fame Side of the faid Arm of the Sea out of which fuch Exportation was made and permitted; any Thing in this or any other Act to the contrary notwithstanding; Provided neverthiclefs, That nothing in this Act fhall be conftrued to extend to divide the faid Hundred in any other Particular but in this only. [This A& repealed, except as to Wool fhorn laid up within ten Miles of the Sea Side in Kent and Suffex, and Perfons refiding within fifteen Miles of the Sea, or either of them, 28 G. 3. c. 38. § 1. and fee 20.] Here [Here the Roll is indorfed, Seventh Part 9 W. 3. and goes to Cap. 45. inclufive, and the Tulle is repeated.] CA P. XLI. An Act for the better preventing the Imbezlement of His Majefty's Stores of War, and preventing Cheats, Frauds and Abuses, in paying Seamens Wages. WHEREAS notwithstanding divers good Laws made and enacted, for the preventing of the ftealing and Imbe zlement of His Majefty's Stores of War, and Naval Stores, thofe Frauds, Thefts and Imbezlements are frequently practifed, and the convicting of fuch Offenders is rendred difficult and impracticable, by reafon it rarely happens that direct Proof can be made of fuch Offender's immediate taking, imbezling or carrying away any of His Majefty's faid Stores of War and Naval Stores out of or from His Majefty's Store-houses, Docks, Yards, Ships, Ordnance or other Places for keeping and preferving the fame, but only that fuch Goods are marked with the King's Mark, and found in the Cuftody and Poffeffion of the said Perfon accused for ftealing or imbezling the fame, to the great Encouragement of fuch wicked Offenders, and to His Majefty's and the Kingdom's great Damage:' For preventing fuch Imbezlements for the future, and for the more effectual Execution of the Laws and Statutes already in Force against fuch Imbezlements and Thefts, Be it therefore enacted by the King's Moft Excellent Majefty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in Parliament affembled, and by the Authority of the fame, That from and after the four and twentieth Day of No warlike or June One thousand fix hundred ninety eight, it shall not be lawful naval Stores, to or for any Perfon or Perfons whatfoever, other than Perfons except for the authorized by contracting with His Majefty's Principal Officers or Commiffioners of the Navy, Ordnance or Victualling Office For His Majefty's Ufe, to make any Stores of War or Naval Stores whatfoever, with the Marks usually used to and marked upon His Majefty's faid Warlike and Naval or Ordnance Stores ; that is to fay, any Cordage of three Inches and upwards, wrought with a White Thread laid the contrary Way, or any fmaller Cordage, to wit, from three Inches downwards, with a Twine in lieu of a White Thread, laid to the contrary Way as aforefaid, or any Canvas wrought or unwrought, with a Blue Streak in the Middle, or any other Stores with the broad Arrow, by Stamp, Brand or otherwife, upon Pain that every fuch Perfon or Perfons, who fhall make fuch Goods fo marked as aforefaid, not being a Contractor with His Majefty's Principal Officers or Commiflioners of the Navy, Ordnance or Victuallers for His Majesty's Ufe, or employed by fuch Contractor for that Purpose as aforefaid, fhall for every fuch Offence forfeit fuch Goods, and the Sum of two hundred Pounds, together with Cofts of Suit; Penalty. one Moiety whereof fhall be to His Majefty, and the other Moiety to the Informer, to be recovered by Action of Debt, Bill, Plaint or Information, in any of His Majefty's Courts of Record at Weftminfler, wherein no Effoin, Privilege, Protection, Wager of L 2 Law, King's Ufe, fhall be made with the King's Marks, &c. Perfonating Sea man, or forging Letter of Attorney, &c. Penalty. Law, Injunction or Order of Reftraint, nor more than one Imparlance fhall be allowed. II. And be it further enacted by the Authority aforefaid, That fuch Perfon or Perfons, in whofe Cuftody, Poffeffion or Keeping fuch Goods or Stores marked as aforefaid thall be found, not being employed as aforefaid, and fuch Perfon or Perfons who fhall conceal fuch Goods or Stores marked as aforefaid, being indicted and convicted of fuch Concealment, or of the having fuch Goods found in his Cuftody, Poffeffion or Keeping, fhall forfeit fuch Goods, and the Sum of two hundred Pounds, together with the Cofts of Profecution, one Moiety to His Majefty, and the other Moiety to the Informer, to be recovered as aforefaid, and fhall alfo fuffer Imprifonment, until Payment and Performance of the faid Forfeiture, unlefs fuch Perfon fhall, upon his Trial, produce a Certificate under the Hand of three or more of His Majefty's Principal Officers or Commiffioners of the Navy, Ordnance or Victuallers, expreffing the Numbers, Quantities or Weights of fuch Goods, as he or the fhall then be indicted for, and the Occafion and Reafon of fuch Goods coming to his or her Hands or Poffeffion. [Power given to mitigate, 9 G. 1. c. 8. §3, 4. and fee this Seation recited, 39 & 40 G. 3. c. 89. § 1, 2, 3, 5, 8 and 9.] III. And forafmuch as divers wicked Perfons, during the late War and fince, for Lucre and Gain have perfonated Seamen, who have really ferved, or are fuppofed to have ferved on board His Majefty's Ships, and thereby have received divers Sums of His Majefty's Money at the Pay Office, or elsewhere of His Majefty's Officers appointed for Payment of His Majefty's Fleet and Ships, in Deceit, as well of His Majefty, as of the Perfons who have really ferved on board any of His Majefty's Ships, and have alfo for fuch wicked Purposes forged and counterfeited divers Letters of Attorney or Bills of Sale, Affignments or laft Wills, in the Name or Names of Persons who have really ferved, or were fuppofed to have ferved on board His Majefty's faid Ships, and have and do alfo procure daily, divers Men and Women to perfonate, and divers wicked • Perfons do of their own Accord perfonate the Wives, Relations or Creditors of fuch Seamen, who have, or are fuppofed to have, ferved on board His Majesty's Ships, and thereby have fally taken out Letters of Adminiftration to fuch Seaman or Seamen, having ferved or fuppofed to have ferved on board of His Majefty's Ships, or have forged and counterfeited Letters of Attorney, Bills of Sale, or other Authorities, in the Names of the Executors or Adminiftrators of fuch Seamen, for the Receipt of fuch Wages as were due, or fuppofed to be due, to fuch Seamen, having ferved or fuppofed to have ferved as aforefaid: For the Prevention of which faid wicked Practices for the future, Be it enacted, That all and every fuch Perfon or Per'fons, his, her or their Aiders or Abettors, that fhall be con. victed of the faid Crimes and Offences, committed from and after the faid four and twentieth Day of June, fhall for every fuch Offence, over and above the Penalties to be inflicted by any Laws now in Force, forfeit the Sum of two hundred Pounds, together with the Cofts of Profeention, one Moiety to His Majefty, the other Moiety to the Informer, to be recovered as aforefaid, and all |