Page:Ruffhead - The Statutes at Large - vol 3.djvu/286

 I Bliz, c, II, The Penalty. 238 C. II. Anno decimo tertio & quarto Carol i II. A. D. 1662. And the Juftices of the Peace of thefaid Quarter- Sefiions fhall and are hereby impowered to punilh the Offender by Fine, not exceeding one hundred Pounds, and the Offender is to remain in Prifon till he be dlfcharged by Order of the Exchequer, both of the Fine and of the Imprifonment, or difcover the Periba that fet him on work, to the End he may be legally proceeded againft. Na Goods to be VII. And be it further enafted by the Authority aforefaid. That if any Wharfinger or Keeper of any iianded''but'in'^ Wharf, Crane or Key, or their Servants, or any of them, Ihall take up or land, or knowingly fuffer to be the PreVence of taken Up or landed, or fliall (hip off, or fuffer to be Water-born at or from any of their faid Wharfs, Cranes fome Officer of qj; Keys, any Goods, Wares or Merchandize prohibited, or whereof any Cuftom, Subfidy or other Duties the Cuftoms. 3^g jyg ^j^^ payable unto the King's Majefty, without the Prefence of fome of the Officers of his Majefty's Cuftoms thereunto appointed, or at Hours and Times not appointed by Law (except in the Port of Hull, as in the Statute of the firft Year of Queen Elizabeth, Chapter the Eleventh, is excepted, and not other- wife) or Goods paffmg by Certificates, Waflie-Cocquet, or otherwife, without the Prefence or Notice given to one or more of his Majefty's Officers ; That in every fuch Cafe all and every fuch Warfinger and Keeper of fuch Wharf, Crane or Key, (hall forfeit and pay the Sum of one hundred Pounds 5(2) and if any Goods or Merchandize fhall be laden or taken in from the Shore, into any Bark, Hoy, Lighter, Barge, Wherry or Boat, to be carried aboard any Ship or Veffel outwards bound for the Parts beyond the Seas, or laden qr taken in from or out of any Ship or Veffel coming in and arriving from foreign Parts, without a Warrant, 1 and the Prefence of one or more Officers of the Cuftoms; fuch Bark,;. Hoy, Lighter, Barge, Boat or Wherry, fhall be forfeited and loft, and the Mafter, Purfer, Boatfwain, or other Mariner of any Ship in- ward bound, knowing and confentingthereunto, ftiall forfeit the Value of theGoodsfo un(hipped : (3) And further, That in Cafe any Carman, Porter, Waterman or other Perfon or Perfbns what(bever, (liali aiTift in the Taking up. Landing, Shipping off, or Carrying away any fuch Goods, Wares or Merchandizes, that then fuch Carman, Porter, Waterman or other Perfon or Perfbns fo offending, being apprehended by Warrant of any Juftice of the Peace for that County, City or Borough, which the faid JufQces and every xjf them are hereby authorized to ifllie, and to examine Witneffes upon Oath concerning fuch Faft, and the fame being proved by the Oath of two Witneffes, the faid Offenders for fuch firft Offence (hall aud may by fuch Juftice of the Peace be committed to the next Gaol, there to remain till he and they find fuffi- cient Surety to be of the Good Behaviour for fo long Time, until he and they (hall be thereof dilcharged by ■ the Lord Treafurer, Chancellor, Under Treafurer or Barons of the Exchequer ; (4) and in Cafe he or tlKW To convicted, (hall afterwards at any Time offend in the like Kind, then he and they (hall and may by any Jb» ■ ftice of the Peace as aforefaid, be committed to the next Gaol, there to remain for the Space of two Months without Bail or Mainprize, or until he fliall pay unto the Sheriff of-that County the Sum of five Pounds for the Ufe of his Majefty, or until he fliall by the Lord Treafurer, Chancellor, Under- Treafurer or Court ' of Exchequer be thence difcharged : (5) Beit furtherenacSedbythe Authority aforefaid. That if any Goods Wares or Merchandizes, fliall be fliipped or put on Board to be carried forth to the open Sea from any one Port, Creek or Member in the Kingdom of England, Dominion of TVales or Port and Town of Berwick to be landed at any other Place of this Realm, without a Sufferance or Warrant firft had and obtained from the faid Perfon or Perfons, which ai e or (hall be appointed for managing the Cuftoms, and Officers of his Majefty's Cuftoms, all fuch Wares and Merchandizes fhall be forfeited and loft ; (6) and that the Mailer of every Ship or Veffel that (hall lade or take in any fuch Goods, Wares or Merchandizes, in any Port Member or Creek v/ithin this Kingdom of England, Dominion of Wales, or Town and Port of Berwick, to be landed aid difcharged in fome other Port, Member or Creek of the faid Kingdom of England, Domi- nion of iVales, or Town and Port of Berwick, (hall before the Ship or Veffel be removed or carried out of the Port (where he (hall take in his Lading) take out a Cocquet or Cocquets, and become bound to the Pving's Majefty with good Security, in the Value of the Goods, Wares and Merchandizes aforefaid, for Delivery and Difcharge thereof in the Port or Place for which the fame (hall be entred as aforefaid, or in fome other Port or Place within the faid Kingdom of England, Dominion of Wales, or Port and Town of Berwick 5(7) and (the Dangers and Accidents of the Seas excepted ) to return a Certificate within fix Months after the Date of fuch Cocquet and Cocquets, under the Hands and Seals of the King's Majefiy's Officers, figned alfo by fome of the faid Perfon or Perfons which are or (hall be appointed by his Majefly for mana- ging the Cui^oms, or their Deputy or Deputies, in every refpedtive Ports, Members or Creeks where the lame (hall be landed and difcharged, to his Majefty's Officers of the Cuftoms to whom fuch Security hath been given as aforefaid, that fuch Goods, Wares and Merchandizes were there landed and difcharged ac- cordingly, upon the Penalty of the Forfeiture: of the Bond and Security aforefaid. VIII. And be it hereby fuither enafted, That if any Officer of any Port, Member or Creek, fliall grant . or make any falfe Certificate of any Goods or Merchandizes which (hould have been landed out of any Ship 1 or VelTel, That fuch Officer ftiall lofe his Imployment, and moreover forfeit the Sum of fifty Pounds and fuffer one Year's Imprifonment without Bail or Mainprize, and be incapable of ferving his Majefty in any Place of Truft concerning his Cuftoms, and be further liable to fuch corporal Punifliment as the Court cSf Exchequer fliall think fii : (z) And if any Perfon whatfocver fhall counterfeit, rafe or falfify any Cocquet Counterfritmg Certificate or Return, Tf anfire, Let-pafs, or any other Cuftom-houfe Warrant, he fhall forfeit one hundred Cocquets, Ccrti- Pounds, and the Cocquet, Certificate or Return fliall be invalid and of none Effedt : (-5 ) And if any Goods, ^oates, &c. Wares or Merchandizes brought or coming into any Port, Haven or Creek within the Kingdom oiEtiglam, ' The Penalty. Dominion o{ IVales, or Port and Town of Berwick, from, any other Port, Haven or Creek, within the Kiilgi- dom of ^w.^.Wi or Dominions aforefaid, by Port-Cocquet, Tranfire, Let-pafs or Certificate, in Ships c* Veffels, fhall be landed or put on (hore before fuch Cocquet, Traniire, Let-pafs or Certificate (hall be deli- vered to fuch Perfon or Perfons which are or fliall be appointed by his Majefty for managing his Cuftoms, the Cuftomer or CoUeftor and Comptroller of the Port or Place of their Arrival, or to their Deputy or l3eputies,'and a Warrant or Sufferance made and given from fuch Perfon or Perfons, Cuftomer or Ccl- ■ le6lor and Compti-oller, or their Deputy and Deputies aforefaid, for the Landing and Difcharein^ thereofi IX. And Coods carried from one Port ro another in ■Eneland or Wales. Certificates are to beindorfed on theCe Bonds, I Annre, Stat, i e, 26,. 3. Ofii:er5ofany Port making ■f life Certificate, The Penalty.