Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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1 W. & M. Sess. 1. c. 34. recited; and that, notwithstanding; the said Act, divers French Commodities had been imported.
Officer offending; Penalty £500.
WHEREAS by an Act made in the First yeare of Their Majestyes Raigne Entituled An Act for Prohibiting all Trade and Commerce with France it was provided That if any French Wines Vinegar Brandy Linen Silks Salt Paper and other Commodities of the growth product or manufacture of France or of the Territories or Dominions of the French King or any Goods Commodities or Manufactures mixed with any Goods or Commodities being of the growth product or manufacture of any of the Dominions or Territories of the French King should be Imported contrary to the said Act they should be stav'd spilt destroyed or burnt in such manner as is by the said Act directed Notwithstanding which diverse of the said Goods Commodities and Manufactures taken or pretended to be taken as Prizes have beene Imported but not stav'd spilt burnt or destroyed according to the Provision of the said Act For Remedy whereof and for the more effectuall putting the said Act in Execution Bee it Enacted by the King and Queens most Excellent Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authoritie of the same That if any Officer or Officers of the Customs or Prizes shall wilfully or knowingly suffer any of the said Goods Commodities or Manufactures imported as Prizes or otherwise contrary to the said Act to be admitted to an Entry or to be imbezled and not stav'd spilt burnt or destroyed in such manner as by the said Act is directed every such Officer or Officers shall being thereof lawfully convicted forfeit the Summe of Five hundred pounds whereof one Moyety to be to Their Majesties Their Heires and Successors and the other Moyety to such person or persons as shall discover and sue for the same and alsoe shall for ever afterwards be incapable of haveing or executing any Office in their Majesties Revenue
II. Persons selling Wine in Vessel unsealed, or at undue Price.
Limitation of Prosecution.; Penalty.; Penalty how disposed of.; No double Punishment.; Certiorari not allowed.
And it is hereby Enacted by the Authoritie aforesaid That if any person or persons [at any time or times (fn. 1) ] from and after the First day of February One thousand six hundred and ninety shall sell or utter by Retaile in or by any Glasse Botle or Botles or in or by any other Retaile Measure not made of Pewter and sealed according to Law any kinde of Wine or Wines whatsoever or any other Liquor exposed to sale for Wine or shall sell the same for a greater price then by the afore mentioned Act is appointed and shall be convicted thereof by the Confession of the Partie or by the Oath of two credible Witnesses before one or more Justice or Justices of the Peace of the County City or place where such Offence shall be committed (who are hereby required and impowered to Administer an Oath to that purpose) such person being prosecuted for such Offence within Thirty dayes next after such Offence committed that then every person soe offending shall forfeit and pay for every such Offence the Penalty and Summe of Fifty Shillings which if not paid upon demand shall be levyed by distresse and sale of the Goods and Chattells of every such Offender by Warrant under the Hand and Seale of the Justice or Justices before whome such Conviction shall be made which Warrant the said Justice and Justices are hereby impowered and required to grant to the Constable Headburrough or Tythingman of the Parish or place where such Offence shall be committed who are hereby required and authorized immediately to levy the same accordingly rendring the Overplus to the Owner thereof The said Penalty Forfeiture and Moneys soe levyed to be given to the Informer And for want of sufficient Distresse the Offender shall be committed to the Common Gaole there to remaine without Baile or Mainprize untill he shall pay the said Money and Penalty and all necessary Costs and Charges of such Conviction and Prosecution the said Costs to be taxed by the Justice or Justices before whome the said Conviction was made Provided That where any Offender shall be punished by force of this Act he shall not be prosecuted nor incurr the penaltie of any other Law or Statute for the same Offence And that noe Writt or Writts of Certiorari shall be granted or allowed to supersede or remove any Conviction or Proceedings in pursuance of this Act but that Execution and all other Proceedings shall and may be had and made thereupon Any such Writt or Writts or Allowance thereof notwithstanding
III. Disturbing, &c. Informers.
Imprisonment till Quarter Sessions.; Penalty.
And whereas severall Officers and Informers have beene hindred abused beaten and wounded to the hazard of their Lives in the due execution of their severall Trusts and Services in their respective places by Companies and multitudes of Men and prohibited Goods have by force and violence as well by Land as by Water beene forcibly carryed and conveyed away Bee it Enacted by the Authoritie aforesaid That where any Officer or Informer or any other person or persons impowered by this Act or the aforesaid Act of Prohibition shall be by any person or persons forcibly hindered abused beaten or wounded in the due Execution of this or the aforesaid Act all and every person and persons soe resisting abuseing beating or wounding the said Officer or Informer or other persons impowered thereby or such as shall act in their aid and assistance shall by the next Justice of the Peace or other Magistrate be Committed to Prison there to remaine till the next Quarter Sessions And the Justices of the said Quarter Sessions shall and are hereby impowered to punish the Offenders by Fine not exceeding Five Pounds And the Offender is to remaine in Prison till he be Discharged both of the Fine and Imprisonment by Order of the said Justices or any two of them.