Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Recital of 14 Car. II. c.13. § 1
and that the Provisions of the said Act have been ineffectual; Importing or selling or knowingly having in Custody for Sale any Foreign Bone Lace.; Penalty 20s. per Yard.
Whereas by an Act made in the Thirteenth and Foureteenth Yeares of the Reigne of His late Majesty King Charles the Second intituled An Act prohibiting the Importation of Forreigne Bone Lace Cutt-work Imbroidery Fringe Band-strings Buttons and Needle-works amongst other things all Forreigne Bone-Lace Cutt-work and Needle-work are prohibited to be imported or sold in the Kingdome of England [or (fn. 1) ] Dominion of Wales under the Pains Penalties and Forfeitures in the said Act mentioned And whereas the Provisions and Penalties in the said Act have not proved effectual but the same have been eluded and great Quantities of the said prohibited Goods have been and are daily imported and sold to the Impoverishment of a greate Number of Families in England whose Livelyhood depends on the making Bone lace Needle-work Point and Cutt-work and to the greate Discouragement of the said Manufactures in this Kingdome For Remedy whereof and for the more effectual restraining the Importation and Sale of all Forreigne Bone-lace Loom-lace Needle-work Point and Cutt-work and for the better Discovery and Punishm[en]. of the same Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That all and every Person and Persons who shall from and after the Five and twentieth Day of March One thousand six hundred ninety eight import or cause to be imported into the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed or who shall (from and after the Foure and twentieth Day of December which shall be in the Yeare of our Lord One thousand six hundred ninety eight) sell barter or offer to sale or barter or cause to be sold or bartered or offered to sale or barter or who shall knowingly keep in his her or their Custody for Sale or for the Use or Benefitt of any Importer or Dealer in the said Co[m]modities any Forreigne Bone-lace Loom-lace Needle-work Point or Cutt-work shall forfeit and lose the Su[m]m of Twenty Shillings per Yard for all the said Forreigne Bone-lace Loom-lace Needle-work Point and Cutt-work so imported sold bartered offered to sale or barter or kept as aforesaid together with all the said Goods.
II. Such Importation, &c. a common Nuisance,
and the Goods may be seized; and any Person, with a Constable, &c. may enter in the Daytime to search, &c.; Justice to grant Warrant.
And be it further enacted by the Authority aforesaid That the Importation Selling Bartering offering to sale or Barter or knowingly keeping for that purpose any Forreigne Bone-lace Needle-work Point or Cutt-work shall be and is hereby declared to be a co[m]mon Nusance and shall be so adjudged and taken to all Intents and Purposes whatsoever And that the said prohibited Goods or any part thereof shall and may be seized and the Offenders prosecuted by any Person whatsoever And further that it shall and may be lawfull for any Person or Persons with a Constable or Tythingman with a Warrant from a Justice of Peace in the Day time to enter and goe into any House Shopp Cellar Warehouse or Room or other Place whatsoever to search for and seize any of the prohibited Goods before mentioned and in case of Resistance to break open Doors Chests Trunks and other Package whatsoever there to seize and from thence to bring any of the Goods prohibited by this Act And every Justice of the Peace is hereby authorized and impowered to grant such Warrant to any credible Person or Persons making Oath that hee or they have reason to suspect or beleive that there are some of the said prohibited Goods in the Place or Places where hee or they intend to search.
III. Goods seized to be taken to Custom House;
If condemned, to be sold by Inch of Candle, on Notice.; Buyer to enter into Bond before Delivery for Exportation of such Goods, &c.; Terms on which Bond to be cancelled; otherwise Person having Custody of such Goods liable.
And be it enacted by the Authority aforesaid That all Forreigne Bone-lace Loom-lace Needle-work, Point and Cutt-work seized by virtue of this or any other Act shall be carried to the next Custome-house and shall not be thence delivered unlesse in order to be produced att a Tryal or otherwise discharged by due Course of Law And in case the said Goods so seized or any part thereof shall be condemned then the same shall be sold publicly by Inch of Candle whereof publick Notice in Writing by a Paper or Papers affixed att the Door of the Custome-house and other most publick Place where the said Goods are lodged shall be given at least Ten Days before the said Sale and shall not be delivered to the Buyer or Buyers until the said Buyer or Buyers shall have entred into Bonds with One or more sufficient Surety or Sureties to the Kings Majesty His Heires and Successors in double the Value of the said Goods to export or cause to be exported within Six Months after the Date of the said Obligation out of the Kingdome of England and Dominion of Wales all and every part of the said Forreigne Bone-lace Loom-lace Needle-work Point and Cutt-work so by him [her (fn. 2) ] or them bought as aforesaid and not to import the same or any part thereof into the Kingdoms of England Scotland or Ireland or into any of His Majesties Dominions in America or elsewhere which said Obligation (upon Certificate of the proper Officers of the Customs of the Port from whence the said Goods shall be exported and also Oath being first made by the said Buyer or Buyers or the Person i[m]mediately concerned in the Exportation thereof that all and every part of the said Goods were exported accordingly and not landed or intended to be landed againe in the Kingdome of England or Dominion of ( (fn. 3) ) Wales the Kingdomes of Scotland or Ireland or any other part of His Majesties Dominions in America or elsewhere) shall be vacated and cancelled or otherwise to be in full Force and Virtue and the said Goods not being so exported and the Person or Persons in whose Custody the said Goods are or shall be found shall be againe liable to all the Penalties and Forfeitures in this or any other Act mentioned as if the same had never been seized.
IV. Proviso for taking off Seizure where Goods seized afterwards believed to be English.; Notice and other Proceedings.;
If within Ten Days no Person undertakes to prosecute, Goods to be delivered back, on Oath of Belief that they are English.; Perjury
Provided neverthelesse That if any Bone-lace Needle-work Point or Cutt-work shall be by any Person seised and carried to any Custome house as Forreigne which the said Seizer shall upon further Examination believe to be English it shall and may be lawfull for the said Person to take off his Seizure giving publick Notice in Writing by a Paper or Papers affixed att the Door of the Custome-house and the Guild-hall or other most public place where the said Seizure is made of the said Seizure and of the Quantity and Kind of Goods so seized to the end that any other Person or Persons may view the said Goods and prosecute for the same if hee or they shall think fitt and in case no Person shall within Ten days after such Notice undertake to prosecute for the same the same shall be delivered back to the Proprietor thereof Oath being first made by the said Proprietor or some knowne Person on his behalfe that the said Goods and every part of them are (to the best of his knowledge and beleife) English made and an Account being also given upon Oath where and of whome the said Goods were bought (which said Oath or Oaths any Justice of the Peace for the County Towne or Place where the said Goods so seized then are is hereby impowered and required to administer and to certifie the same att the next General or Quarter Sessions to be held for such County Towne or Place) and if any Person shall upon such Oath or Oaths wilfully forswear him or her selfe hee or she so offending shall be liable to and suffer all Penalties and Forfeitures appointed or inflicted for Perjury by the Common or Statute Laws of this Realme.
V. Officer of Customs to aid in executing Act.
Conniving at Importation, &c.; Penalty of £20 and Incapacity.
And be it further enacted That all Officers belonging to the Customs shall be aiding and assisting in the effectual Execution of this Act and that if any such Officer shall willingly or knowingly connive att the Importation Delivery or selling of any Forreigne Bone-lace Loom-lace Needle-work Point or Cutt-work contrary to the true meaning of this Act the said Officer shall forfeit and lose the Su[m]m of Twenty Pounds and be for ever uncapable of serving. His Majesty His Heires and Successors in any Office whatsoever.
VI. In Question whether Goods seized are Foreign,
Proof that same is English upon Importer, &c.
And be it enacted by the Authority aforesaid That if any Question or Doubt shall arise whether any Bone-lace Loom-lace Needle-work Point or Cutt-work imported found seized kept sold bartered or offered to sale or barter as aforesaid or any part thereof were made & manufactured in Parts beyond the Seas contrary to this or any other Act the proof that the said Bone-lace Loom-lace Needle-work Point and Cutt-work so found or seized and every part thereof was made and manufactured in the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed shall be onely upon the Importer Keeper Seller Retailer Barterer him her or them in whose Hands or Custody the same shall be found as aforesaid and not upon the Informer Seizer or Prosecutor that they were manufactured beyond the Seas.
VII. Penalties of this Act to be sued for over and above all other Penalties.
And be it further enacted by the Authority aforesaid That all and every the Penalties [and Forfeitures (fn. 4) ] imposed and incurred by this Act shall and may be sued for and recovered over and above any Penalties in any former Act in any of His Majesties Courts of Record att Westminster by Action of Debt Bill Plaint or Information wherein no Essoigne Priveledge Protection or Wager of Law shall be allowed nor any more than one Imparlance and the said Penalties and Forfeitures (the reasonable Costs and Charges of such Prosecution att Law being first deducted and allowed out of the same to the Prosecutor) shall be one Moiety to His Majesty His Heires and Successors and the other Moiety to him her or them that will sue for the same.
VIII. In Action for executing this Act, General Issue may be pleaded.
And it is hereby further enacted by the Authority aforesaid That if any Person or Persons shall be sued molested or prosecuted for any thing done by virtue and in pursuance of this Act such Person and Persons shall and may pleased the General Issue and give this Act and the special Matter in Evidence And if afterwards a Verdict shall passe for the Defendant or Defendants or the Plaintiffe shall discontinue his Action or be nonsuited or Judgement shall be given against him upon Demurrer or otherwise then such Defendant or Defendants shall have Treble Costs to him or them awarded against such Plaintiffe.
IX. Limitation of Informations, &c.
Provided always and be it enacted by the Authority aforesaid That all Informations Actions and Suits to be brought for any Offence against this Act shall be brought and co[m]menced within Twelve Months after the Discovery of such Offence Any former Law to the contrary thereof in any wise notwithstanding.
X. Persons entering a Claim to Goods seized, to give Security for Costs,
otherwise Goods adjudged forfeited.
And whereas the Person or Persons who make Seizure of the said Goods may be hindred and delayed in the Prosecution thereof by vexatious Claims being entred thereto for prevention whereof Be it enacted by the Authority aforesaid That before any Person or Persons shall be [permitted (fn. 5) ] to enter a claime to any of the said Goods hee shall be obliged to give good and sufficient Security by Recognizance to be entred into before one of the Barons of the Court of Exchequer in the Penalty of Twenty Pounds with Condition to pay to the Officer or Person prosecuting such Seizure his full Costs of Suit in case upon a Tryal or other Determination in Law a Verdict shall passe or Judgement shall be entred for the Plaintiffe and in case Default shall be made in giving such Security within the time limitted by the Rules of the Court for entring Claimes then the said Goods shall be adjudged forfeited and Judgement entred accordingly.
XI. Proviso against entering Houses, &c. of Persons not being Dealers in Lace.
Provided always and be it enacted by the Authority aforesaid That nothing in this Act contained shall extend or be construed to extend to give Authority or Leave to any Person or Persons to enter into any House Shopp Cellar Warehouse or other Room or Place or to break open the same or any Door Chest Trunk or other Package which does not belong to a Dealer in Lace.