Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Reasons for passing this Act.
Regulations for Use of Wrought Silks, Bengals, &c. imported.
Whereas it is most Evident That the Continuance of the Trade to the East-Indies in the same Manner and Proportions as it hath been for Two Yeares last past must inevitably be to the great Detriment of this Kingdom by exhausting the Treasure thereof and melting downe the Coine and takeing away the Labour of the People whereby very many of the Manufacturers of this Nation are become excessively burdensome and chargeable to their respective Parishes and others are thereby compelled to seeke for Employment in Forreigne Parts For Remedy whereof Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That from and after the Twenty ninth Day of September One thousand seaven hundred and one All Wrought Silks Bengalis and Stuffs mixed with Silk or Herba of the Manufacture of Persia China or East India and all Callicoes painted dyed printed or stained there which are or shall be imported into this Kingdom shall not be worn or otherwise used within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed but under such Limitations as are hereinafter mentioned and expressed
II. Wrought Silks, Bengals, &c. imported after Entry, to be warehoused, and not carried out but for Exportation, nor until Security for due Exportation, &c. given.
Such Security discharged without Fee, upon Certificate of Landing, or Loss of Goods at Sea, as herein mentioned; Such Goods found in any Shop, &c. forfeited; Liability to Search and Seizure, as by Stat. 14 Car. 11. c. 11; Such Goods, upon Condemnation, to be sold by Candle; Security for Exportation by Buyer; Application of Monies made by Sale; Penalty, £200 besides Loss of Goods, upon Person in whose Custody the same are found.
And for the better effecting the same Be it enacted by the Authority aforesaid That from and after the said Twenty ninth Day of September One thousand seaven hundred and one all such Wrought Silks Bengalls and Stuffs mixed with Silk or Herba of the Manufacture of Persia China or East India as aforesaid and all Callicoes painted dyed printed or stained there which are or shall be imported into this Kingdom of England Dominion of Wales or Towne of Berwick upon Tweed shall after Entry thereof be forthwith carried and putt into such Warehouse or Warehouses as shall be for that Purpose approved of by the Commissioners of His Majesties Customs for the Time being soe as none of them shall be taken or carried out thence upon any Account whatsoever other than in order for Exportation and not untill sufficient Security be first given to the Kings Majesty His Heires and Successors (which the said Commissioners are hereby required and impowered to take) that the same and every Part thereof shall be exported and not landed again in any Part of this Kingdom of England Dominion of Wales [and (fn. 1) Towne of Berwick upon Tweed which said Securities shall be discharged without any Fee or Reward upon Certificate returned under the Common Seale of the Chiefe Magistrate in any Place or Places beyond the Seas or under the Hands and Seales of Two knowne English Merchants upon the Place that such Goods were there landed or upon Proofe by credible Persons that such Goods were taken by Enemies or perished in the Seas The Examination and Proofe thereof being left to the Judgment of the said Commissioners And all such of the aforesaid Goods whether the same shall be mixed sewed or made up together for Sale with any other Goods or Materials or otherwise which shall be found in any House Shopp or Ware-house or other Place whatsoever (other than in such Ware-houses as shall be approved of by the said Commissioners as aforesaid) shall be forfeited and subject and liable to be searched for and seized in like Manner as prohibited and uncustomed Goods are by an Act (intituled An Act for preventing Frauds and regulating Abuses in His Majesties Customs) made in the Fourteenth Yeare of the Reigne of our late Sovereigne Lord King Charles the Second And all such Goods soe forfeited as aforesaid shall upon Seizure thereof be carried to the next Custome-house and after Condemnation shall be sold to the best Advantage for Exportation at Publick Sale by the Candle The Buyer and Buyers giveing Security for the Exportation thereof in Manner as aforesaid And One Third Part of the Moneys to be raised by such Sale shall be paid to the Kings Majesty His Heires and Successors and the other Two Third Parts thereof to him her or them that shall seize or prosecute for the same And over and above the Losse of the said Goods the Person or Persons in whose Custody knowing thereof the same shall be found or seized or that shall sell or dispose thereof to any Person or Persons whatsoever shall forfeite and loose the Summe of Two hundred Pounds One Third Part thereof to the Kings Majesty His Heires and Successors and the other Two Third Parts thereof to such Person or Persons that shall sue for the same to be recovered by Action of Debt Bill Plaint Suite or Information in any of His Majesties Courts of Record at Westminster wherein no Essoigne Protection or Wager of Law shall be allowed or any more than one Imparlance
After 29th Sept. 1701, importing, except into the Port of London, and not making due Entry, taken to be a clandestine Running; Loss of Goods and Penalty £500.
And for preventing all Clandestine importing or bringing into this Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed any of the aforesaid Goods hereby prohibited or intended to be prohibited from being worne or used in England Be it further enacted by the Authority aforesaid That if any Person or Persons or Bodies Corporate from and after the said Twenty ninth Day of September One thousand seaven hundred and one shall import or bring into any Port of or in this Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed other than the Port of London any of the aforesaid prohibited Goods or into the Port of London and shall not make due Entries of such Goods soe imported or brought in, the same shall be and is hereby adjudged deemed accounted and taken to be Clandestine running thereof and such Person or Persons or Bodies Corporate soe offending therein and their Abettors shall not only forfeite and loose the said Goods soe clandestinely run as aforesaid but alsoe the Summe of Five hundred Pounds to be recovered and divided in such Manner as aforesaid
IV. Onus probandi upon Owner of Goods.
And be it further enacted That if any Question or Doubt shall arise where the said Goods were manufactured the Proof shall lie upon the Owner or Owners thereof and not upon the Prosecutor any Law Usage or Custome to the contrary notwithstanding
V. In Action for executing Act,
General Issue may be pleaded; Treble Costs.
And be it further enacted by the Authority aforesaid That if any Action Bill Plaint Suite or Information shall be commenced or prosecuted against any Person or Persons for any Seizure or other thing to be made or done in pursuance or in execution of any thing before in this Act contained such Person or Persons soe sued in any Court whatsoever may plead the Generall Issue and give this Act and the speciall Matter in Evidence for their Excuse or Justification And if the Plaintiffe or Plaintiffs or Prosecutor or Prosecutors shall become Nonsuit or forbeare Prosecution or suffer Discontinuance or if a Verdict passe against him her or them in any such Action Bill Plaint Suite or Information as aforesaid the Defendant or Defendants shall have Treble Costs for which they shall have the like Remedy as in any Case where Costs by Law are given to the Defendant
Warehouse-keepers to keep Books and enter Goods warehoused;and every Six Months render Account to Commissioners; Commissioners to appoint Inspectors of Books and Warehouses; and lay Accounts before Parliament; Warehouse-keeper offending; Disability and Penalties.
And for preventing clandestinely carrying out of the said Ware-houses any of the said Goods hereby prohibited and by this Act intended for Exportation as aforesaid Be it further enacted by the Authority aforesaid That the Warehouse-keeper or Warehouse-keepers shall keepe one or more Book or Books wherein he or they shall fairly enter or write downe an exact particular and true Account of all and every Chest Bail and Number of Pieces therein contained of such of the aforesaid Goods only which shall be brought into and carried out of his or their said Ware-house or Ware-houses and the Daies and Times when the same shall be soe brought in and carried out and shall every Six Months in the Yeare transmitt in Writing an exact Account thereof upon Oath to the said Commissioners together with an exact Account how much shall be remaining in his or their said Ware-house or Ware-houses respectively And the said Commissioners are hereby impowered and enjoyned within one Month after the same shall be transmitted to them as aforesaid to appoint one or more Person or Persons to inspect the said Booke or Books Warehouse or Warehouses and examine the said Accounts and to lay a true Account of the same before the Parliament within the First Weeke of every Sessions thereof And if upon Examination it shall appeare That any of the aforesaid Goods were carried out unlesse for Exportation or before sufficient Security given for their Exportation as aforesaid that then the Ware-house-keeper or Ware-house-keepers soe offending therein shall not onely forfeite and loose the Value of the said Goods soe carried out as aforesaid and be for ever disabled from any publick Employment for the future but shall alsoe forfeite the Summe of Five hundred Pounds for every such Offence to be recovered and divided in manner as aforesaid
VII. Proviso for Goods made up into Apparel, &c. before 29th Sept. 1701.
Provided alwaies and it is hereby enacted That this Act shall not extend to any Silks Bengalis Stuffs mixed with Silke or Herba or painted dyed printed or stained Callicoes manufactured in Persia China or East-India which shall have been made up and used in any sort of Apparell or Furniture before the said Twenty ninth of September One thousand seaven hundred and one
VIII. Proviso for Owner of Goods ware housed, fixing Lock to Warehouse, and sorting and delivering Goods for Exportation.
Provided alwaies and be if further enacted That it shall and may be lawfull to and for the Proprietor or Proprietors of the said Goods so lodged in any Warehouse or Warehouses as aforesaid to affix one Lock to every such Warehouse or Warehouses the Key of which shall remaine in the Custody of the said Proprietor or Proprietors and that he or they may view sort or deliver the said Goods in order for Exportation as aforesaid in the presence of the said Warehouse-keeper or Warehouse-keepers who is and are hereby obliged at seasonable times to give Attendance for that purpose
IX. Allowance upon Exportation, within Three Years, of Goods imported.
Provided alsoe and be it enacted by the Authority aforesaid That every Person or Persons or Bodies Corporate who shall on or before the said Twenty ninth Day of September One thousand seaven hundred and one import into this Kingdom Dominion of Wales or Towne of Berwick upon Tweed any of the Comodities aforesaid and shall within the space of Three Years from such Importation export the same again shall be allowed and paid the severall Duties payable upon the Exportation thereof as fully as if the same had been exported within Twelve Months after the Importation thereof
X. Half Subsidy to be the only Duty on the said Goods imported.
And be it further enacted by the Authority aforesaid That from and after the said Twenty ninth Day of September which shall be in the Yeare of our Lord One thousand seaven hundred and one there shall be no Customs or Duties whatsoever paid or secured to be paid for any of the said Goods or Commodities which shall be imported at any time from and after the said Twenty ninth Day of September One thousand seaven hundred and one other than and except the Halfe Subsidy which is to remain by Law after the Goods are exported But that all other Customs and Duties now chargeable upon or payable for the said Goods shall from that time cease and determine.