Page images
PDF
EPUB

Penalty.

any other foreign Parts, upon any Pretence whatsoever, but that the Exporters being legally convicted, shall be liable to the For. feitures of one Shilling for every Pound Weight.

* III. And whereas it is a common Practice in Romney Marsh and other Places adjacent, for evil disposed Persons to sheer « their Sheep and lodge Wool near the Sea Side, and sometimes ' to bring Wool out of the Country more remote and lodge it

as aforesaid, where by Fraud and Force in the Night Time, " the faid Persons do cause the same to be transported to France,

' to the Increase of the Trade of that Kingdom, and the Owners of Wool · Destruction of the Trade of England: To prevent these within 10 Miles Practices for the future, Be it further enacted by the Authority of the Sea Side, aforefaid, That all and every Owner and Owners of Wool shorn jo Kent or Suf. fex, to give

or housed, laid up or lodged, within ten Miles of the Sea Side, Account of within the Counties of Kent and Sussex, shall be obliged to give Fleeces, &c. an exact Account in Writing, within three Days after the sheer

ing thereof, of his, her or their Number of Fleeces, and where lodged or housed, to the next adjacent Port or Officer of His Ma. jelly's Customs, and the like Notice before he, he or they fhall presume to remove any Part or Parcel thereof, of the said Number of Fleeces and Weight, and the Name and Abode of the Person or Persons to whom it is disposed, and the Place to which

it is intended to be carried ; and to take a Certificate from the Perralty.

Officer who first entred the fame, upon the Penalty of forfeiting all such Wool as shall not be so entred or otherwise disposed of, and the Owner or Owners also to be liable to the further Penal. ties of three Shillings for every Pound Weight of all such Wool, as if the fame had been actually transported; which faid Account

the Officers respectively are hereby required to take gratis, and Certificate,&c.

to give such Certificate or Certificates, without Delay, to the Party or Parties demanding the same, and shall therein specify the Name or Names of the Owners and Buyers thereof, and limit it to such 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 Persons, not resident upon the Place, to buy up

• great Quantities of Wool and transport, or cause the same No Perfon fhall

to be transported out of this Kingdom:' For preventing such lel Wool within Practices for the future, Be it further enacted by the Authority 15 Miles of the aforesaid, That no Person or Persons reliding within fifteen Miles Sea Side, in Kent of the Sea, in the Counties of Kent and Suflex, shall presume or Suflex, uulets

to buy any Wool, before they do enter into Bond to the King's entred, &ic.

Majesty, His Heirs or Successors, with Sureties, that all the Wool they buy shall not be sold by thein to any Person or Persons within fifteen Miles of the Sea ; and in case any Wool be found carried towards the Sea Side in the Counties aforesaid, unless such Wool be first entred and Security given, the same shall be forfeited, and the Person or Perfons offending therein Mall also forfeit

three Shillings for every Pound Weight of all such Wool. Nor remove it V. And be it further enacted by the Authority aforesaid, That from where firf no Wool removed from the Place where it was first housed, boulid. lodged or laid, after sheering, within ten Miles as aforelaid, shall

be

be lodged after the first removing, within fifteen Miles of the Sea, in the Counties aforesaid, upon Pain of forfeiting all such'

, Wool, if found; but if carried away, then every Person or Perfons, who were the Owners of the said Wool, tó forfeit' for every Pound Weight the Sum of three Shillings.

Penalty. VI. And be it further enacted by the Authority aforesaid, Wool laid within That all and every Person or Persons that shall 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 aforesaid, all such Wool shall be seized and forfeited ; &c. that upon any Seizure of fuch Woul, every Perfon laying Claim to the same, shall give fufficient Security in His Majesty's Court of Excheqner (if caft upon Trial) to pay Treble Colls, over and above the Penalties and Forfeitures aforesaid.

VII. Provided always and be it further enacted by the Authority aforesaid, That if any Action or Suit fhall be brought and prosecuted by any person or Persons against any Perlon 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 such Cafe the Defendant or Defendants may plead the General Issue, and give the Special Gineral Ifue. Matter in Evidence at the Trial, that the faine was done in pursuance and by Authority of this Act; and if upon Examination it shall so happen to be done, the Jury shall find for the Defendant or Defendants ; and in such Case, or if the Plaintiff Thall be nousuit, or discontinue his Action, the Defendant or Defendants Mall have and recover Treble Costs, which he or they Treble Cofts. shall suítain or be put unto, by reason 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 aforesaid, That all thc Forfeitures and Penalties before in this be diftributed. Act mentioned, shall be distributed in Manner and Form following, viz. one third Part to the Use of His Majesty, His Heirs and Successors, and the other two thirds to the Use of such Person or Persons as shall seize or fue for the same, by Bill, Plaint or Information, in any of His Majesty's Courts at ivestminster, wherein no Effoin, Protection or Wager of Law shall 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. i is enacted, That no Person or Persons whatsoever Mould, at

any Time thereafter, be impeached for any Offence against the * faid Act, unless such Perlons be prosecuted within one y car * next ensuing such Offence committed ; And whereas a great • many Perfons have been guilty of transporting Wool, but Dif'covery thereof hath not been made till the Expiration of twelve • Months after the Offence committed, to the great Encourage'ment of several notorious Offenders ;' For the Prevention Exporters of whereof be it enacted by the Authority aforesaid, That it thall Woul, dec. nray and may be lawful for His Majesty to cause fuchi Person or Per- be prosecuted int

3 Years after sons, as are or shall be guilty of transporting or causing to be Offeace. transported any Wool, Wool-fells, Fullers Earth or Scouring Clay, to be fued and prosecuted at any Time within three Years after the Offence committed, in the fare Manner as Informations on other penal Statutes have been usually and may lawfully be profecuted. (n) [Repealed, 28 G. 3. 6.38. g 1.) VOL. VI.

L

x. And

6

Account of

lings for

Owners of Wool, X. And for the better preventing the carrying of Wool inta thorn, &c. within Scotland from England, Be it further enacted by the Authority Borders of Scot. aforesaid, That from and after the said four and twentieth Day of land, to give an

June, all and every Owner or Owners of Wool, fhorn, laid up or

lodged within fifteen Miles of the Borders of Scotland, Mall and Fleeces, &c.

are hereby required to give an exact Account of his, her or their Number of Fleeces, and where lodged or housed, to such Person or Persons as shall be appointed and impowered for that Purpose, pursuant to the Direction or true Meaning of the aforesaid Act of Parliament, made in the first Year of His present Majesty and the late Queen ; which Perfon or Persons shall give Attendance for that Purpose at the several Ports and Market Towns within

the said Distance of fifteen Miles ; and shall and are hereby reand make Entry quired to make a true Entry of such Wool, in a Book to be kept thereof. for that Purpose: And in case any Owner or Owners of such

Wool thau neglect or refuse to give such Account to such Person or Perfons, as shall after such Notice given, remove such Wool, or any Part thereof, without Licence from such Person or Persons as shall have made such Entry, he, she or they, so neglecting or

refusing, or removing, afterwards, his, her or their Wool, or any Penalty.

Part of it, without Licence as aforesaid, shall forfeit three Shil. Wool unentred

every Pound Weight of such Wool; and all the Wool and fonnd, &c.

that shall be found within the Distance aforesaid, of the Borders torfeited. of Scotland, not entred as aforesaid, shall be and is hereby for

feited, one third Part to His Majesty, His Heirs and Successors, and the other two third Parts to him or them who shall sue for the fame in any of His Majesty's Courts of Record at Wefiminster, in which no Enoin, Protection, or Wager of Law, or more than one

Imparlance shall be allowed. 9&8W.3. • XI. And whereas by an Act made in the Parliament held in

• the seventh and eighth Years of His present Majesty, intituled, An 1a 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 shall be exported, be liable to such Penalties • and Forfeitures as is mentioned in the said Act; but the • Hundred of Winchelsea in the Cinque Ports being divided by a 'navigable Arm of the Sea, so that the Inhabitants on the one

Side thereof cannot be privy to or prevent what is done by those

• of the other Side ;' Be it therefore enacted by the Authority Hundred of aforesaid, That the said Hundred of Winchelsea shall be deemed Winchelsea to be and taken, in respect to the faid Act, as two distinct Hundreds taken as two

(that is to say) the Part of the one Side of the said Arm of the diftin& Hun.

Sea as one Hundred, and the Part on the other Side as one other sreda, &c. as to Wool.

intire Hundred ; and the Penalties which may be forfeited for
suffering such Exportation shall affect, charge and be levied on
that Part only of the said Hundred which lies on the same Side of
the said Arm of the Sea out of which such Exportation was made
and permitted ; any Thing in this or any other Act to the con-
trary notwithstanding ; Provided nevertheleis, That nothing in
this Act shall be conftrued to extend to divide the said Hundred
in any other Particular but in this only.
[This A& repealed, except as to Wool foorn laid up within ten Miles
of the Sea Side in Kent and Sulex, and Persons residing within fifieen
Miles of the Sea, or either of them, 28 G.3.6.38 1. and fee | 20.]

(Hete

C. 28.

[ocr errors]

:

[Here the Roll is indorsed, Seventh Part 9 W. 3. and goes 10
Cap. 45. inclusive, and the Title is repeated.]

CAP. XLI.
An Act for the better preventing the Imbezlement of His

Majesty's Stores of War, and preventing Cheats, Frauds
and Abuses, in paying Seamens Wages.
THEREAS notwithstanding divers good Laws made and

enacted, for the preventing of the stealing and Imbe. • zlément of His Majesty's Stores of War, and Naval Stores,

thofe Frauds, Thefts and Imbezlements are frequently prac• tised, and the convicting of such Offenders is rendred difficult . and impracticable, by reason it rarely happens that direct Proof • can be made of such Offender's immediate taking, inbezling • or carrying away any of His Majesty's said Stores of War • and Naval Stores out of or from His Majesty's Store-houses, • Docks, Yards, Ships, Ordnance or other Places for keeping 6. and preserving the same, but only that such Goods are marked • with the King's Mark, and found in the Custody and Poffeffion • of the said Person accused for stealing or imbezling the same, • to the great Encouragement of such wicked Offenders, and to • His Majesty's and the Kingdom's great Damage :' For preventing such' Imbezlements for the future, and for the more effectual Execution of the Laws and Statutes already in Force against such Imbezlements and Thefts, Be it therefore enacted by the King's Moft Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in Parliament assembled, and by the Authority of the same, That from and after the four and twentieth Day of No warlike or Jure One thousand fix hundred ninety eight, it shall not be lawful naval Stores, to or for any Person or Persons whatsoever, other than Persons except for the authorized by contracting with His Majesty's Principal Officers King's Ufc, or Commissioners of the Navy, Ordnance or Vi&tualling Office shall be made for His Majesty's Use, to make any Stores of War or Naval Marks, &c. Stores whatsoever, with the Marks usually used to and marked upon His Majesty's faid Warlike and Naval or Ordnance Stores ; that is to say, any Cordage of three Inches and upwards, wrought with a White Thread laid the contrary Way, or any smaller Cordage, to wit, from three Inches downwards, with a Twine in lieu

of a White Thread, laid to the contrary, Way as aforesaid, or any Canvas wrought or unwrought, with a Blue Streak in the Middle, or any other Stores with the broad Arrow, by Stamp, Braad or otherwise, upon Pain that every such Person or. Persons, who shall make such Goods lo marked as aforesaid, not being a Contractor with His Majesty's Principal Officers or Commillioners of the Navy, Ordnance or Victuallers for His Majesty's Use, or employed by such Contractor for that Purpose as aforesaid, shall for every such Offence forfeit such Goods, and the Sum of two hundred Pounds, together with Costs of Suit; Penalty. one Moiety whereof Mall be to His Majesty, and the other Moiety to the Informer, to be recovered by Aation of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Weftminster, wherein no Esfoin, Privilege, Protection, Wager of L 2

Law,

Law, Injun&ion or Order of Restraint, nor more than one Im

parlance hall be allowed. Perfou in whore II. And be it further enacred by the Authority aforesaid, Custody fuch

That such Person or Persons, in whose Custody, Poffeffion or Stores are found, Keeping such Goods or Stores marked as aforesaid thall be found,

not being employed as aforesaid, and such Person or Persons who shall conceal such Goods or Stores marked as aforesaid, Being indicted and convicted of such Concealment, or of the having luch

Goods found in his Cuftody, Poilession or Keeping, thall forfeit Penalty.

such Goods, and the Sum of two hundred Pounds, together with the Coits of Prosecution, one Moiety to His Majesty, and the other Moiety to the Inforiner, to be recovered as aforesaid, and Thall also suffer Imprisonment, until Payment and Performance

of the said Forfeiture, unless such Perfon shall, upon his Trial, Certificate.

produce a Certificate under the Hand of three or more of His Majesty's Principal Officers or Commiflioners of the Navy, Ordnance or Victuallers, exprefling the Numbers, Quantities or Weights of fueh Goods, as he or she thall then be indicted for, and the Occasion and Reason of such Goods coming to his or her Hands or Posteslion. [Power given to mitigase, 9 G.1. c. 8. 9 3, 4, and see this Section recited, 39 & 40 G. 3. c. 89. Ø 1,

2, 3, 5, 8 and 9.] Personating Sea i II. And forasmuch as divers wicked Persons, during the man, or forging Letier of Attor

• late War and since, for Lucre and Gain have perfonated Seaney, &c.

men, who have really served, or are supposed to have served on • board His Majesty's Ships, and thereby have received divers • Sums of His Majesty's Money at the Pay Office, or elsewhere • of His Majesty's Officers appointed for Payment of His Ma

jesty's Fleet and Ships, in Deceit, as well of His Majefty, as of the Perfons who have really served on board any of His

Majesty's Ships, and have also for such wicked Purposes forged • and counterfeited divers Letters of Attorney or Bills of Sale,

Assignments or last Wills, in the Name or Names of Persons • who have really ferved, or were supposed to have served on

board His Majesty's faid Ships, and have and do also procure

daily, divers Men and Women to perfonate, and divers wicked • Perfons do of their own Accord personate the Wives, Rela. • tions or Creditors of such Seamen, who have, or are supposed ' to have, ferved on board His Majeity's Ships, and thereby • have fallly taken out Letters of Administration to such Seaman

or Seamen, having ferved or supposed to have served on board of His Majesty's Ships, or have forged and counterfeited Leiters

of Attorney, Bills of Sale, or other Authorities, in the Names • of the Executors or Administrators of such Scamen, for the

Receipt of such Wages as were due, or supposed to be due, to • such Seamen, having lerved or supposed to have served as afore. • said ;' For the Prevention of which faid wicked Practices for the future, Be it enacted, That all and every such Person or Per'lons, his, her or their Aiders or Abettors, that shall be con: victed of the said Crimes and Offences, committed from and after the said four and twentieth Day of June, thall for

Offence, over and above the Penalties to be inflicted by any Laws Penalty. now in Force, forfeit the Sum or two hundred Pounds, together

with the Cofts of Profeention, one Moiety to His Majesty, the other Moiety to the Informer, to be recovered as aforesaid, and

shall

6

every such

« PreviousContinue »