Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Recital that great Advantage has accrued from setting up new Manufactures within the Realm,; Persons importing Foreign Alamodes or Lustrings, without paying the Customs, &c.; or agreeing or undertaking to deliver such Goods,; may be prosecuted, and a Capias thereupon be issued in the first Process, &c
Whereas it hath been always found of greate Advantage to encourage the setting upp and making of new Manufactures within this Realme whereby the Exportation of Money to procure forreigne Co[m]modities is prevented the Wealth of the Kingdome increased and the Poor are imployed And whereas there are great Quantities of Alamodes & Lustrings consumed by his Majesties Subjects which till of late Yeares were imported from foreigne Parts and thereby the Treasure of this Nation much exhausted but are now manufactured in England by the Royall Lustring Company to as greate Perfection as in any other Countrey whereby many Thousands may be imployed And whereas Provision hath been made by diverse Laws for the Encouragement of the said Manufacture and for p[re]venting the Importation of such Forreigne Silks without paying the Duties charged thereon which have been frequently eluded by the subtil Practices of evil disposed Persons For remedy thereof and for the further Encouragement of the said Manufacture be it enacted and it is hereby enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Co[m]mons in this present Parliament assembled and by the Authority of the same That every Person or Persons who shall import any forreigne Alamodes or Lustrings from Parts beyond the Seas into any Port or Place within the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed without paying the Rates Customes Impositions and Duties that shall be due and payable for the same att such Importation or shall import any Alamodes or Lustrings prohibited by Law to be impored or shall by way of Insurance or otherwise undertake or agree to deliver or in pursuance of any Undertaking Agreement or Insurance shall deliver or cause to be delivered any such Goods or Merchandize and every Person or Persons who shall agree to pay any Su[m]m or Su[m]ms of Money Premium or Reward for insuring or conveying any such Goods or Merchandize or shall knowingly receive or take the same into his her or their House Shopp or Warehouse Custody or Possession such Person or Persons [shall and may be prosecuted for any the Offences or Matters aforesaid in any Action Suit or Information and thereupon a Capias in the first Processe specifying the Su[m]m of the Penalties sued for shall and may issue and such Person or Persons (fn. 1) ] shall be obliged to give sufficient Bail and Security by natural borne Subjects Persons naturalized or Denizens to the Officer serving or executing the Writt or Processe on or against him her or them to appeare in the Court out of which such Writt or Processe did issue att the Day of the Returne of such Writt or Processe to answer such Suit or Prosecution and shall att the Time of such Appearance give sufficient Bail or Security by such Persons as aforesaid in the said Court to answer and pay all the Forfeitures and Penalties incurred for such Offence in case hee she or they shall be convict thereof or to yield his her or their Bodies to Prison.
II. 4 W.&M. c. 15. § 11.
The said Penalty may be sued and recovered by Action of Debt, &c.
And whereas by an Act made in the Fourth and Fifth Yeares of King William and Queen Mary intituled An Act for continuing several Acts therein mentioned and for chargeing certaine joynt Stocks a Penalty of Five hundred pounds is laid upon Persons insuring to import prohibited Goods or Goods without paying Duties and Customes and also a Penalty of Five hundred pounds upon any Person who shall be so insured For the more easie and certaine Recovery of the same itt is hereby further enacted That it shall and may be lawfull for any Person or Persons to sue for or prosecute and to recover the said Penalty by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record at Westminister wherein no Essoigne Protection Priveledge or Wager of Law shall be allowed nor more than one Imparlance.
III. Black Alamodes and Lustrings not having the Custom House or Royal
Lustring Company's Marks or Seals, forfeited.; Person in whose Custody found, liable to Penalties of 6 & 7 W. III. c. 18.§24.
And be it further enacted by the Authority aforesaid That all Black Alamodes and Lustrings wheresoever manufactured which shall be found in the Custody or Possession of any Person or Persons not marked and sealed with the Mark and Seale or Marks and Seales of the Custome House or of the Royal Lustring Company shall and are hereby declared and adjudged to be forfeited and shall or may be seized as forfeited whether the same have been before such Seizure bought and sold or not and the Person in whose Custody or Possession the same shall be found shall incurr all the Penalties contained in a Clause relating to Alamodes and Lustrings now In force in a certaine Act made in the Sixth and Seventh Yeares of the Reigne of his present Majesty intituled An Act for granting to his Majesty certaine Duties upon glasse-Wares and earthen Bottles Coals and Culme for the carrying on the Warr against France.
IV. Alamodes and Lustrings seized and forfeited to be exported again, and on Seizure to be carried to Custom House and there sold; and Security to be given for Exportation, &c.
How such Security discharged:
And be it further enacted by the Authority aforesaid That no Alamodes and Lustrings that from and after the Tenth Day of April One thousand six hundred ninety seven shall be seized and forfeited by virtue of any Law now in force shall be consumed or used in this Kingdome but shall be exported againe and not sold otherwise than on Condition to be exported And for preventing their Consumption in England the same shall i[m]mediately on Seizure be carried to the Custome-House Warehouse in London & there such as are forfeited shall be sold by Inch of Candle on Condition to be exported and not delivered to the Buyer or any other Person but onely to be carried on Shipp-board in order to Exportation and not until sufficient Security be given that the same and every Part thereof shall be exported and not landed againe in any Part of England Dominion of Wales or the Towne of Berwick upon Tweed which Security shall be discharged by Certificate from the cheif Magistrate or Officer of the Place or Port where such Goods shall be landed or by Oath made that the same were lost att Sea and not otherwise.
On Exportation of Foreign Lustrings, &c. Exporter to receive no Drawback, &c.
And forasmuch as there is no Reason that any of his Majesties Subjects should have Lustrings and Alamodes att a cheaper rate than the Inhabitants of this Kingdome or that it should be more profitable to export forreigne Lustrings and Alamodes beyond the Seas than such as are made in this Kingdome which would happen in case the Exporter be allowed to draw or receive back on Exportation all or any Part of the Duties paid or payable on the said Co[m]modities on Importation of the same Be it further enacted by the Authority aforesaid That on Exportation of forreigne Lustrings or Alamodes the Exporter shall not be intituled to receive Draw back or be repaid the Duties Customes or Impositions paid payable or secured on Importation of the same or any Part thereof Any Law Statute Custome or Usage to the contrary notwithstanding.
Personsimbezzling, &c. Silk delivered to be wrought up, and also Receivers, &c. liable to Penalties of 13 & 14 Car.II. c.15. and 20 Car. II. c. 6.
And whereas the Silk Manufacturers are obliged from time to time to deliver to their Agents Journeymen Warpers & Winders great Quantities of Silk to work upp which is often by them imbezelled sold or pawned to the great Detriment of the Silk Manufactures of this Kingdome Be it enacted by the Authority aforesaid That all and every Person or Persons whosoever that shall imbezel pawn sell or detaine any of the Silk so delivered or after the same is wrought upp and also all and every Receiver and Receivers Buyer and Buyers or such as take to pawne any of the said Goods shall be subject and liable to all the Penalties Forfeitures and Punishments contained mentioned and provided in one Act of Parliament made in the Thirteenth and Foureteenth Yeares of the Reigne of King Charles the Second intituled An Act for regulating the Trade of Silk Throwing and in another Act made in the Twentieth Yeare of the said King Charles the Second intituled An Act to regulate the Trade of Silk Throwing.
Weavers having Alamodes and Lustrings by them not sealed, upon Proof on Oath that they were manufactured in England, may have them sealed gratis before 1st May 1697.
And whereas several Weavers have certaine Pieces of Black Alamodes and Lustrings by them which have not been sealed by the Officers of the Customes or Royal Lustring Company and are lyable by Law to be forfeited if sold unsealed as aforesaid and the said Weavers would also thereby incurr other Penalties yett in Co[m]miseration of their Condition itt is hereby further enacted by the Authority aforesaid That all and every such Pieces of Alamodes and Lustrings as doe or shall appeare upon Oath made in Writing before any Justice of the Peace by One or more credible Witnesses (who have never been prosecuted for importing Goods without paying the Duties charged on the same or for importing Goods prohibited by Law to be imported) to be manufactured within this Realme on or before the Tenth Day of April One thousand six hundred ninety seven shall be brought to the Royal Lustring Companies Warehouse and the Evidence of their being manufactured within this Kingdome being there produced shall be marked and sealed gratis by the said Company before the First Day of May One thousand six hundred ninety seven and be lawfull to be sold as if manufactured by the said Company.
VIII. Weavers to give a weekly Account to the Company to whom they sold such Goods.
And for preventing the Sale of other Alamodes and Lustrings under the Colour of these so marked and sealed as aforesaid be it further enacted by the Authority aforesaid That the said Weavers shall give and Account weekly to the said Company to whom they have sold such Goods so sealed and marked as aforesaid under the Penalty of double the Value of such Goods so sold for every such O[m]mission to be recovered in the same manner as other the Penalties inflicted by this Act are directed and appointed to be recovered and that the said Company shall keep a register of the said Sales.