Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 18 (18 & 19) C. II. c. 2.
18 (18 & 19) C. II. c. 2. to be revived and continued for ever.
Whereas an Act of Parlyament was made in the eighteenth yeare of the Raigne of our Soveraigne Lord the King that now is intituled An Act against importing Cattell from Ireland and other parts beyond the Seas and Fish taken by Forreigners, which was to continue untill the end of seaven yeares and from thence to the end of the first Session of the next Parlyament which is now expired. And forasmuch as by long experience the said Law hath beene found to be very beneficiall to this Kingdome Bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament assembled and by the authoritie of the same That the said Act and every Clause Article and Thing therein contained together with the additions and alterations herein after mentioned and expressed shall from and after the second day of February which shall be in the yeare of our Lord God one thousand six hundred and eighty be revived continue and remaine and is hereby revived and continued in force to all intents constructions and purposes for ever.
II. Any Person may seize Irish Cattle and Goods imported contrary to 18 (18 & 19) C. II. c. 2.
And bee it further enacted by the authoritie aforesaid That not onely the Constables Officers and Inhabitants mentioned in the aforesaid recited Act but any and every other person and persons whatsoever shall and may take and seize in any place or places whatsoever the Cattell and Goods imported contrary to the said recited Act and that all and every such person and persons that shall seize as aforesaid shall from time to time have the benefit and advantage hereafter given by this Act to any Seizor or Seizors whatsoever.
III. Seizor to cause the Cattle, &c. to be killed.
And to prevent all fraudulent Seizures Sales and Compositions to be made by any person or persons whatsoever in any Parish or Place whatsoever where any great Cattell Sheepe or Swine shall be imported or found contrary to this or the Act aforesaid and to make the Prohibitions therein more effectuall Bee it enacted by the authoritie aforesaid That all and every the respective Seizor or Seizors of such Cattel Sheepe or Swine shall within six dayes after Conviction and Forfeiture thereof cause the said Cattel Sheepe and Swine to be killed and the Hides and Tallow of such great Cattel Sheepe and Swine shall be and remaine to the use of the said Seizor or Seizors and the remainder of the said great Cattel Sheepe and Swine shall be forthwith distributed amongst the Poore of the said Parish by the Churchwardens and Overseers of the Poore there or some of them upon notice thereof to be given them or any of them by such Seizor or Seizors as aforesaid any thing in the said former Law or any other Law to the contrary notwithstanding.
IV. Seizors, Church. wardens, &c. neglecting;
Penalty; levied by Distress; For Want of Distress, Imprisonment for Three Months.
And bee it further enacted That in case the said Seizor or Seizors or the Churchwardens and Overseers of the Poore shall faile in their respective Dutyes in the Execution of this Act they and every of them respectively shall forfeite the summe of forty shillings for every one of the great Cattell and ten shillings for every Sheepe or Swine which should have beene killed and distributed as aforesaid one moyety thereof to the Poore of the said Parish and the other moyetie to the Informer the same to be levyed by distresse and sale of the Goods and Chattells of the person or persons soe offending by Warrant under the Hand and Seale of any Justice of the Peace of the said County or Place where the said Offence shall be committed upon confession of the Party view of the said Justice or Oath thereof made before such Justice by one or more credible Witnesse or Witnesses other then the Informer Which Oath the said Justice hath hereby power to administer rendring the overplus to the Owners thereof necessary Charges of distraining being first deducted, And for want of such Distresse the said Offender or Offenders to be committed to the common Goale of the said County or Place there to remaine for the space of three monthes without Baile or Mainprize.
V. Proviso for Importation of Stock Fish and live Eels.
Provided alwaies and bee it further enacted by the authoritie aforesaid That neither this Act nor any other Act. whatsoever heretofore made shall either hinder or be construed to extend to hinder the Importation of Stockefish or live Eeles into this Kingdome of England but that it shall and may be lawfull to and for all and every person and persons whatsoever to import into this Kingdome of England any Stock-fish or live Eeles as aforesaid Any thing in this Act or any other Law Statute Usage or Custome to the contrary in any wise notwithstanding.
VI. Mutton or Lamb imported, or exposed to Sale, subjected to former Penalties.
And whereas the present Lawes doe not sufficiently provide against the Importation of Mutton and Lambe out of Ireland and other parts beyond the Seas into this Kingdome but that great quantities thereof are dayly imported and sold to the great losse and prejudice of this Kingdome Bee it therefore enacted by the authoritie aforesaid That from and after the said second day of February noe Mutton or Lambe shall be imported into this Kingdome from the Kingdome of Ireland or any forreigne parts And all Mutton or Lamb imported from Ireland or beyond the Seas or that shall be exposed to sale within this Kingdome shall be subject to the like Seizures and the Importers and Sellers thereof respectively to the like penalties as are provided or appointed in any former Law against any Importer or Seller or Importation of any Beefe, Porke or Bacon from the Kingdome of Ireland or any forreigne parts Any thing in this or any former Law or Statute to the contrary notwithstanding.
VII. Butter and Cheese imported from Ireland and exposed to Sale, subject to
Penalties as for Importation, &c. of Beef, &c.
And whereas the present Lawes doe not sufficiently provide against the Importation of Butter and Cheese out of Ireland into this Kingdome but that great quantities thereof are dayly imported and sold to the great losse and prejudice of this Kingdome Bee it therefore enacted by the authoritie aforesaid That from and after the said second day of February noe Butter or Cheese shall be imported into this Kingdome from the Kingdome of Ireland And all Butter and Cheese imported from Ireland or that shall be exposed to sale within this Kingdome shall be subject to the like Seizures and the Importers or Sellers thereof respectively to the like penalties as are provided or appointed in any former Law against any Importer or Seller or Importation of any Beefe Bacon or Porke from the Kingdome of Ireland or any forreigne parts Any thing in this or any former Law or Statute to the contrary notwithstanding.
VIII. Seizure may be in any Parish into which Cattle removed.
And for the more effectuall execution of this and the aforesaid Act Bee it further enacted by the authoritie aforesaid That if any great Cattell Sheepe or Swine shall be once or oftner seized in persuance of this or the aforesaid Act and afterwards either by permission connivance negligence or otherwise shall be removed into and found alive in any Parish or place within the Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede other then such Parish or place wherein they shall have beene respectively seized That then the said Cattell Sheepe and Swine shall be lyable to like Seizure and the Seizor and Poore of the Parish or Place have like benefitt and advantage and the Cattell Sheepe and Swine be forfeited and the proofe be incumbent upon the Owner as if such Cattell had never before beene seized.
IX. English Cattle driven or intermixed with Irish Cattle to be seized as Irish.
And whereas diverse persons on purpose to discourage others from makeing Seizure of Irish Cattell have intermixed some few English or other Cattell in droves of Irish Cattell and soe created many vexatious and chargeable Suites against those that have seized Irish Cattel in pursuance of the aforesaid Act Bee it further enacted by the authoritie aforesaid That if any English or other Cattell driven or intermixed with Irish Cattell shall be seized together with them such Cattel soe intermixed and seized shall be deemed Irish Cattel and shall be subject to like forfeiture and be ordered and disposed of in all respects as if they were Irish Cattel and imported contrary to this and the aforesaid Act.
X. Proviso for Cattle in England before 2d Feb. 1680.
Provided That nothing in this Act shall be construed to extend to the Forfeiture or Seizing any Cattel that are or shall be in England before the said second day of February.
Item quædā Petic[i]o privat psoñ concerneñ (in se formā Actus contineñ) exhibit fuit pt[er]dicto Dño Regi in Parliamento pt[er]dict cujus Titulus subscribitur (vizt)
An Act for rectifying severall Errors and Mistakes in the Marriage Setlement of Sir Charles Hoghton Baronet.
End of the Statutes of King charles the second.