BHO

Index: I & J

Pages 43-47

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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Citation:

I. & J.

Importation

Statute Page
For the further Encouragement of Lustrings and Alamodes, and for the better preventing the Importation of the same. 8 & 9 W. III. c.36. 289
Persons importing foreign Alamodes or Lustrings without paying the Customs, &c. 1. Ib.
Or agreeing or undertaking to deliver such Goods, may be prosecuted, and a Capias thereupon be issued, &c. in the first Process. Ib. Ib.
Penalty under Stat. 4 W. & M. c. 15. 11. may be sued and recovered by Action of Debt, &c. 2. Ib.
Black Alamodes and Lustrings, not having the Custom House or Royal Lustrings Company's Marks or Seals, forfeited. 3. Ib. 290
Persons in whose Custody found, liable to Penalties of Stat. 6 & 7 W. III. c. 18. 24. Ib. Ib.
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. 4. Ib.
How such Security discharged. Ib. Ib.
On Exportation of Foreign Lustrings, &c. Exporter to receive no Drawback, &c. 5. Ib.
Persons embezzling, &c. Silk delivered to be wrought up, and also Receivers, &c., liable to Penalties of Stat. 13 & 14Car.II. c. 15. and 20 Car. II. c. 6.See 32 G. III. c. 44. 4, 5. 6. Ib.
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. 7. exp. Ib.
Weavers to give a weekly Account to the Company to whom they sold such GoodsPenalty.See 22 G. II. c. 7. 10. 8. Ib.
For the better Encouragement of the Royal Lustring Company, and preventing the fraudulent Importation of Lustrings and Alamodes. 9 W. III. c. 43. 426
Foreign Alamodes and Lustrings to be imported into London only, and Notice of Quantity, &c. given to Commissioners of Customs. 1. Ib.
A Licence for lading and importing to be taken from the Commissioners. Ib. Ib.
Commissioners of Customs to mark and seal Goods imported, and to keep Entry and Register thereof in the Custom House in London. 2. Ib.
Entry without Fee before Goods delivered. Ib. Ib.
Silks unduly imported forfeited and seized, and sold and exported according to Stat. 8 & 9 W. III. c. 36. Ib. Ib.
Unduly importing and receiving SilksPenalty 500. 3. Ib.
Officers in the King's Service, having Command of a Vessel, importing or permitting to be imported or unshipped Silks, &c.Penalty and Incapacity. 4. Ib.
Seamen or other Persons informing. 9 W. III. c. 43. 4. 426
Reward, and Discharge from the Service, and Certificate for Wages. Ib. 427
Counterfeiting, &c. Seals or Marks used at the Custom House, &c. Penalty 500 and Pillory. As to Pillory, see 56 G. III. c. 138. 5. Ib.
Having in Possession, &c. Silks marked with counterfeit MarksForfeiture of Goods, and Penalty 100. Ib. Ib.
Persons authorized by Writs of Assistance, &c. may, in the Day-time, enter Houses, &c. and search, and seized Silks unduly imported; and may break open Doors, &c.Justice of Peace to grant Warrant on Oath of Suspicion. Ib. Ib.
In Questions whether Silks are Foreign or unduly imported, Onus probandi on Claimant, &c. Ib. Ib.
Officers of Customs, Sheriffs, &c. to be aiding in Execution of Act. 6. Ib.
Officers of Customs conniving at Offences, or Informer unduly delaying to prosecutePenalty and Incapacity. Ib. Ib.
Second, and further OffencesPenalty. 7. Ib.
In Prosecutions for Offences against this Act, Capias in the first Process specifying Amount of Penalty sued for. 8. Ib. 428
Bail to be given to Officer serving Process; and on Appearance, Security for Penalties. Ib. Ib.
How Penalties distributed and recovered. 9. Ib.
Before Claim to Goods seized, entered Security to be given for Payment of Penalties and Costs. 10. Ib.
And on Default, Goods adjudged to be forfeited.By 5 & 6 Ann. c. 20. 4. the Security is to be for Costs only. Ib. Ib.
This Act taken to be a General Law. 11. Ib.
In Actions for executing Act, General Issue may be pleadedTreble Costs. Ib. Ib.
Limitation of Actions. 12. Ib.
Royal Lustring Company constituted a Body Corporate, by the Name of the "Royal Lustring Company". 13. Ib.429
The said Company to enjoy their said Invention for 14 Years, &c. from the 24th June 1698. 14. 429
The said Company impowered to import 17 Bales of Silk before 29th September next.Importation of Foreign wrought Silks and Velvets prohibited, 6 G. III. c. 28. 1. which is continued by several subsequent Acts, and made perpetual, 48 G. III. c. 22. 3. 15. Ib.
For rendering the Law more effectual for preventing the Importation of Foreign Bone Lace, Loom Lace, Needle Work, Point and Cutt Work. 9 W. III. c. 9. 304
Importing or selling, or knowingly having in Custody for Sale, any Foreign Bone LacePenalty 20s. per Yard. 1. 305
Such Importation a common Nuisance;and the Goods may be seizedAnd any Person with a Constable, &c. may enter in the Day time to search, &c. Justiceto grant Warrant. 9 W. III. c. 9. 2. 305
Goods seized to be taken to Custom House If condemned, to be sold by Inch of Candle, on Notice. 3. Ib.
Buyer to enter into Bond before Delivery for Exportation of such Goods, &c. Ib. Ib.
Terms on which Bond to be cancelled, otherwise Person having Custody of such Goods liable. Ib. Ib.
Proviso for taking off Seizure where Goods seized, afterwards believed to be English Notice, and other Proceedings. 4. Ib.
If within 10 Days no Person undertakes to prosecute, Goods to be delivered back on Oath of Belief that they are EnglishPerjury. Ib. Ib.
Officers of Customs to aid in executing Act. 5. 306
Conniving at Importation, &c. Penalty 20, and Incapacity. Ib. Ib.
In Question whether Goods seized are Foreign, Proof that same is English upon Importer, &c. 6. Ib.
Penalties of this Act to be sued for over and above all other Penalties. 7. Ib.
In Action for executing this Act, General Issue may be pleadedTreble Costs. 8. Ib.
Limitations of Informations, &c. 9. Ib.
Persons entering a Claim to Goods seized to give Security for Costs, otherwise Goods adjudged forfeited. 10. Ib.
Proviso against entering Houses, &c. of Persons not being Dealers in Lace.Repealed by 11 W. III. c. 11. 11. Ib.
From 1st May 1700, English Bone Lace, &c. may be exported Duty-free on Oath of Manufacture. 11 W. III. c. 3. 15. 585

Infancy See Abatement

Innkeepers See Excise.

Inns of Court See Dwelling Houses.

Ireland

For encouraging the Linen Manufacture of Ireland, and bringing Flax and Hemp into, and the making of Sail-cloth in England. 7 & 8 W. III. c. 39. 156
Natives of England and Ireland may import into England, from Ireland, Hemp,Thread, Yarn, &c. free from Duty, on Certificate as herein mentioned, and on Oath by Master, &c. of Identity of Goods.Confirmed and explained, 1 Ann. stat. 1.c. 8. Extended to Irish Manufacture, 16 G. II. c. 26. 6. 1. Ib.
English-made Sail-cloth may be exported Duty-free on Oath as herein mentioned.Cloth made of Hemp or Flax may be likewise exported, Custom Duty free, 2 G. III. c. 7. 39. 7 & 8 W. III. c. 39. 2. 156
For granting an Aid to His Majesty by Sale of the forfeited and other Estates and Interests in Ireland.See 12 & 13 W. III. c. 11. 11 W.III.c. 2. 545
All Lands, &c. in Ireland, whereof any Persons are or shall be convicted of Treason or Rebellion since 13th Feb.1688, or before the End of Trinity Term, 1701, or who died in actual Rebellion since the said 13th Feb. 1688,or any in Trust for them were seized,&c., or whereof James II. was seized, &c. at his Accession, and all Judgments, &c. which Persons so convicted werepossessed, &c. on or since the said 13th Feb. 1688, vested in Trustees, &c. for the Purposes herein mentioned. 1. Ib.
Estates Tail vested in said Trustees and their Heirs. Ib. Ib.
All Grants, Demises, Custodiams, or Dispositions since the said 13th Feb. 1688, under the Great Seal of England or Ireland, &c. void.See 1 Ann. stat. 2. c. 21.33 G. III.c. 46. 2. 546
But not to make such Grantees accountable for the Profits of such Lands, Tenements, &c. by them received by or before the said 2d Nov. 1699. 3. Ib.
Proviso for Persons having any Right or Interest in any of the said Estates, and for new Grants thereof. 4. Ib.
Proviso for Estate which any Person adjudged to be comprised within the Articles of Limerick or Galloway, or their Heirs, &c. have or may claim to any Part of the forfeited Premises. 5. Ib.
Proviso for Personal Estates of Persons submitting to Their Majesties Authority. 6. Ib.
Trustees to take Oaths appointed by Stat.1 W. & M. c. 8. 12. herein mentioned. 7. Ib.
The said Oaths to be administered by anyTwo or more of the Trustees. Ib. Ib.
The Trustees to appoint Registers, Clerks,&c. and Salaries, Fees, &c. Ib. Ib.
The said Registers, &c. to take an Oathherein mentioned. Ib. 547
Seven Trustees may meet, and act at such Places in Ireland as they shall think fit; and may send for Persons, Writings, &c. in Ireland, without Fee; and may administer Oaths. Ib. Ib.
Sheriffs, &c. to obey their Orders. Ib. Ib.
Seven Trustees may proceed summarily by Examinations on Oath, &c. and are to inform themselves of Names of Persons convicted, and of Estates forfeited, andof Incumbrances on such Estates. Ib. Ib.
Persons neglecting, &c. to appear, &c. committed. Ib. Ib.
Officers not obeyingPenalty. 11W. III. c. 2. 7. 547
Persons discovering Debts due to convicted Persons (Exception) and paying Two-thirds, discharged of the entire Debt. 8. Ib.
Neglecting to make such DiscoveryPenalty. Ib. Ib.
Allowance to Persons possessed of Goods of Persons convicted, and discovering same. Ib. Ib. 548
Neglecting to discover samePenalty. Ib. 548
Trustees may compound for Debts, &c. discovered. Ib. Ib.
Trustees may settle Debts secured by Penalties. Ib. Ib.
Allowance to other Persons discovering Estates concealed. Ib. Ib.
Trustees to certify Names of Discoverers and Allowances to Lords Justices or Chief Governor of Ireland, who are to pay the same. Ib. Ib.
Proviso for Sales of Goods sold under His Majesty's Commission. 9. Ib.
Proviso for Persons not convicted or attainted before the said last Day of Trinity Term 1701. 10. Ib.
All Persons (Exception) claiming Rights in forfeited Estates before 13th Feb.1688, shall by 10th Aug. 1700, enter their Claims thereunto, or in default thereof, such Right, Title, &c. to be void. 11. Ib. 549
How the Claims of Infants, Feme Coverts, Idiots, and Lunatics, to be made. Ib. 549
Claims to be tendered to Trustees signed by Party. 12. Ib.
Claimant to express his Demands, and how grounded, and the Circumstances of Incumbrances. Ib. Ib.
Claim to be entered, and be heard and determined by the Trustees before 25th March 1701. Ib. Ib.
Claimants to answer Claims, and produce Writings, &c. upon Oath. 13. Ib.
Regulation as to administering Oath where Party resides in England, or where in Ireland. Ib. Ib.
If claim not allowed, Claimants barred. Ib. Ib.
Persons knowingly making false ClaimsPenalty. 14. Ib.
Witnesses forsewearing themselvesPunishment. Ib. Ib.
Claimants making good their Claims, Trustees to allow the same. Ib. Ib.
Trustees taken to be a Court of Record, their Judgment to be recorded in Books of Parchment, and be final, notwithstanding Disability in Claimants. 15. Ib. 550
Claims allowed to be certified by Trustees, if required, under their Hands and Seals; such Certificate or a Copy of Decree allowed as Evidence, and all Rights, Interests, and Incumbrances so allowed, never after to be called in questionProviso. 16. 550
Conveyances of Lands in Ireland since 29th May 1686, by Persons since convicted or attainted, being private Trusts (Exception) declared fraudulent, so voluntary Assurances since 29th May1686, and no Claim allowed thereupon. 11 W. III. c. 2. 17. 550
Incumbrances satisfied by or assigned to other Persons allowed for so much as was really paid thereupon. 18. Ib.
Debtors to such convicted or attainted Persons, who have before 10th March1699, satisfied such Debts to any Grantees from the Crown of such forfeited Estates, discharged for what wasreally paid. Ib. Ib.
Such Grantees, &c. to repay the Monies so received into the Exchequer in Ireland, by 24th August 1700, deducting Expences. Ib. Ib.
Refusing to make such RepaymentPenalty. Ib. 551
Trustees, upon Certificate of Payment of such Monies into the Exchequer, to discharge Parties so paying the same in Manner herein mentioned. 19. Ib.
Trustees to secure the personal Goods and Chattels so vested in them, and make an Inventory thereof, and by whom forfeited, and (being appraised upon Oath) to sell the same by Auction. 20. Ib.
Notice thereof. Ib. Ib.
Trustees may expose such Goods to sale at a lower Rate than Appraisement. Ib. Ib.
Trustees to enter Contracts, &c. in theirBooks. Ib. Ib.
Trustees to give a Note to Buyer of Thingsbought. 21. Ib.
Money arising by Sales paid by Buyer into Exchequer in Ireland, and thereupon Trustees to order Delivery of Things bought. Ib. Ib.
If Money not paid within Time appointedPenalty. Ib. Ib.
After Time expired for entering Claims, Trustees before 25th March 1702, to sell the Estates vested in them, and not claimed after 10th Nov. 1700, and the Estates claimed as soon as the Claims are determined. 22. 552
Notice of Time and Place of Sale. Ib. Ib.
Sale by Auction and Biddings in Sterling Money English Value. Ib. Ib.
Contracts, &c. entered by Trustees. Ib. Ib.
Buyers to have a Note of Contract under Hands and Seals of Trustees upon Payment by Buyers of Money into Exchequer in Ireland, and Certificate. Ib. Ib.
Trustees to execute Bargain and Sale, to be entered by Trustees, and delivered to Purchasers to be inrolled in Chancery in IrelandFee. Ib. Ib.
Docket enteredFee. Ib. Ib.
Purchase good notwithstanding any Statute of Mortmain. 23. Ib.
Purchasers having inrolled Conveyances actually seized of Premises. 24. Ib.
Sheriffs, on Precept from Trustees, to put Purchaser in Possession. 11 W. III. c. 2. 24. 552
Purchasers to hold clear of all Quit Rents, &c., and of all other Demands, Exception of Breaches of Trusts by Trustees. Ib. Ib.
Estates held of the King in Soccage, as of his Castle of Dublin, subject to such Crown Rents, &c. as they were on the 13th Feb. 1688. Ib. Ib.
Which Crown Rents, &c. to be for Support of Government of Ireland, and unalienable. Ib. 553
All Grants and Incumbrances thereon since the said 13th Feb. declared void. Ib. Ib.
Purchasers not paying their Money in TimePenalty. Ib. Ib.
New Sale. Ib. Ib.
Proviso for Grants of Quit Rents, and for Grants for Abatements of Quit Rents. 25. Ib.
How such forfeited Estates, subject to Debts or Incumbrances or Rent Charges, may be sold. 26. Ib.
Proviso for Sale thereof in Parcels. Ib. Ib.
In such Cases Trustees to apportion Rent Charges. Ib. Ib.
Persons possessed of Lands, &c. hereby vested in Trustees, shall before 10th August 1700, give Trustees a true Account thereof in WritingPenalty. 27. Ib.
And to answer the Profits from 2d Nov. 1699, till the Time of SaleOn Neglect, &c. Prosecution in the Name of the King's Attorney General. Ib. Ib.
Fines, &c. vested in Trustees, sued for in Name of Attorney General. 28. 554.
Application thereof. Ib. Ib.
No Protection, &c. to hinder any Prosecution, &c. in pursuance of this Act. 29. Ib.
Trustees not accountable to His Majesty for Rents, &c. of the said Estates. 30. Ib.
Purchasers of forfeited Estates from Grantees since 13th Feb. 1688, discharged of Purchase Money remaining unpaid. 31. Ib.
Trustees to allow amongst such Purchasers, since 13th Feb. 1688, as shall prove Payment of Money before 10th August 1700, 21,000, in proportion to their Payments. 32. Ib.
Trustees to give a Certificate of Proportions to be a charge in Nature of a Statute Staple.Such Allowance not to be made to Purchasers herein mentioned. 33. Ib.
Persons having received such Purchase Money, liable to repay Surplus after Allowance to Purchasers. 34. Ib.
How the same may be recovered. Ib. Ib.
Persons having entered upon forfeited Estates without Grant, are to answer Profits during Occupation into the Exchequer by 1st Aug. 1700 Penalty. 35. Ib.
But discovering same, discharged of Profits before 2d Nov. 1699. 36. 555.
Committing Waste on the said forfeited Estates since 10th May 1695 Penalty. 37. Ib.
The said forfeited Estates not charged with Arrears of Rent or Interest incurred during War in Ireland. 11 W. III. c. 2. 38. 555
Persons claiming Interests in forfeited Estates making default of Payment (since Reduction of Ireland), such Rent, &c. to be paid into Exchequer by 1st Nov. 1700Penalty. Ib. Ib.
Upon Decease of Trustees, the Survivors (or major Part), being Four at least, to execute this Act. 39. Ib.
Recital of Stat. 10 W. III. c. 9. Debentures for Arrears to Officers of Army, Transport Service, Clothing the Army, Tallies, &c. to be taken at the Exchequer as Sterling Money for Purchases. 40. Ib. 556
The said Principal and Principal and Interest on Tallies, &c. to be computed. Ib. 556
The said Debentures, &c. to be registered. Ib. Ib.
Trustees once in Thirty Days to examine Register with Debentures, and cancel same. Ib. Ib.
Trustees every Three Months, to transmit Account of Debentures, &c. to Exchequer in England. Ib. Ib.
Appropriation of the Monies arising by this Act in Ireland (Exception.) 41. Ib.
Misapplying the samePenalty. Ib. Ib.
Allowance to the Commissioners for enquiring into the said forfeited Estates, and to their Secretary, out of the first Monies arising by this Act. 42. Ib.
Allowance to Trustees from 25th March 1700, payable Quarterly during the Execution of this Act. 43. Ib.
Monies to be imprest for paying Salaries of inferior Officers, and for incident Charges. Ib. Ib.
The said Allowances with the 21,000 former Purchasers, to be paid out of the Exchequer in Ireland by the Trustees' Warrants, without any other Authority. Ib. 557
The Trustees may make so many of their Contracts for Lands, &c. to be paid in Coin, as will discharge Salaries, &c. and Money Payments appointed by this Act. 44. Ib.
If more Money raised in Specie than will satisfy Money Payments aforesaid, Over plus transmitted to Exchequer in England, and appropriated as herein mentioned. Ib. Ib.
Salaries Tax free. 45. Ib.
In what case Officers or others having taken Grants of forfeited Estates in lieu of Arrears, &c. entitled to such Arrears, &c. 46. Ib.
Trustees as soon as may be after the 25th March 1701, to convey the Church Livings forfeited to such Trustees as Bishop of Diocese shall nominate for employing the Profits thereof for 20 Years, from 2d Nov. 1699, in rebuilding or repairing Parish Churches, and afterwards in Augmentation of small Livings. 11W. III. c. 2. 47. 557
Such Appointments to be inrolled. Ib. Ib.
The said Trustees, before the 25th March 1702, to determine entered Claims remaining, to be of the same Force as if made before the said 25th March 12 & 13 W. III. c. 10 92. 713
The said Trustees, before 24th June 1702, to sell Estates vested in them by Stat. 11 W. III. c. 2. 12. at the Times herein mentioned. Ib. Ib.
Such Sales and the Conveyances thereon available as if made before the said 25th March Ib. Ib.
Proviso for Persons who have petitioned the House of Commons for Relief in respect of not entering Claims in respect of Irish Forfeitures, pursuant to Stat. 11 W. III. c. 2. 12 & 13 W. III. c. 11. 29. 723
The Estates, &c. so claimed by the said Petitions (Exception) not to be aliened by the said Trustees under 11 & 12 W. III. c. until after the End of next Session. 30. Ib.
Proviso for Petitions to be further examined, and those lying before the House. Ib. Ib.

Iron SeeCustoms.

Japanned and Lacquered Goods SeeCustoms. Ercise.

Johnson, Martha SeeCreditors.

Joint Tenancy and Tenancy in Common See Partition.

Judgments See Abatement.

Juries

For the Ease of Jurors and better regulating of Jurors. 7 & 8 W. III. c. 32. 148
Plaintiff not going to Trial at first Assizes (Exception) to sue out a new Writ of Venire Facias. 1. Ib.
Form of Writ. Ib. Ib.
Proceeding upon the Return and filing of such Writ. Ib. Ib.
Venire Facias, Habeas Corpus, &c. sued out as by this Act directed, &c.Proceedings thereon. 2. 149
Sheriff, on Writ of Habeas Corpus, &c., to return Freeholders or Copyholders of County where Cause is tried, &c. as Talesmen. 3. Ib.
Challenge. Ib. Ib.
Judge may proceed to Trial with the Jury, before impannelled and returned with the Talesmen. Ib. Ib.
Judge may fine such Freeholders, &c. returned as Talesmen, not appearing, or afterwards withdrawing. Ib. Ib.
Constables, &c. yearly, at Michaelmas Quarter Sessions, to return Names and Places of Abode of Persons qualified to serve upon Juries. 7 & 8 W. III. c. 32. 4. 149.
Two Justices, at Sessions, to deliver Duplicate of Return by Clerk of the Peace to Sheriffs, and cause Lists to be entered by Clerk of the Peace. Ib. Ib.
Sheriff returning Persons not namedPenalty 5.Constables, &c. to subscribe their Lists before Justices of Peace, upon Oath, 3 G. II. c. 25. 7.; explained and enforced, 8 & 9 W. III. c. 10.; and for further Provisions, 3 & 4 Ann.c. 18. 5. Ib. Ib.
In what manner Summons of Persons qualified to be made by Sheriff. 5. Ib.
The said Returns a good Bar in Law for Sheriff, and in Action thereon he may plead the General Issue. 6. 150
Treble Costs. Ib. Ib.
Sheriff unduly returning, or neglecting Duty, or unduly excusing Persons from serving, &c. Penalty 20. Ib. Ib.
No Person returned to serve upon Jury, &c. for the County of York (Exception) above once in Four Years. 7. Ib.
Sheriff of Yorkshire to keep a Register of Persons who have served as Jurors, to be delivered over to succeeding Sheriffs. Ib. Ib.
Certificate of Attendance to Jurors gratis.By 3 & 4 Ann. c. 18. 3. Sheriff not keeping a Register to forfeit 100; and see further as to this Section, 10 Ann. c. 14. 5. Ib. Ib.
Only one Panel of the Number of Persons qualified, as herein mentioned, to serve on Grand Inquest, returned, and only Ten Panels on civil Causes, &c. for the County of York. 8. Ib.
Inhabitants of Westminster exempt from serving at the Middlesex Sessions. 9. Ib.
Stat. 4 W. & M. c. 24. 16. 23. continued for Seven Years, &c. from 1st May 1696. 10. exp. 151
Longer time for summoning Juries for London or Middlesex not given or required, nor for returning Writs for the summoning, &c. of Juries, &c. 11. Ib.
Proviso for London, and Places having Charter, to hold Gaol Delivery, &c.See further 3 G. II. c. 25., which latter Act made perpetual, 6 G. II. c.37. 1. 12. Ib.
For enabling the Returns of Juries as formerly, until the 1st Day of November 1697. 8 & 9 W. III. c. 10. 201
Before 1st Nov. 1697, Lists of Juries may be returned as formerly. Ib. Ib.
After Michaelmas 1697, Justices in Sessions required to issue their Precepts yearly. Ib. Ib.