Page:Ruffhead - The Statutes at Large - vol 3.djvu/778

 722 C. 43* Anno nono & deeimo Gulielmi lit. A. D. 1698. Vefiel, if he or they {hall defire the and the Captain or Mafier of fuch Ship or Vefiel fliall imme- Penalty on Pcr- fon altering or counterfeltiiig -■»heSea)orMArk of ihe Ci:f'om- hoiife^ cr Royal Lufrring Com- pany, or buying or felling Ala- modes, Sec, fo fcaled. Perfon autho- rized may go in- to any Sb.opj Warehoufe, £>c. and feize Ala- modes, &c. not marked. In cafe of Re- iifi-ance may treak. open Doors, &c. Juiiices of Peace to grant War- rant to Searcher, &c. In cafe of Dif- pute Proof to lie en importer, &c. Ofncfrs to aid in E^ieculion of tlii's Atl. Penalty on Of- ficer conniving at fraudulent Importation of Alaniodes, &c. Offenders, &c. to fofeit double for every Of- fence. How Oftcnders ihal be profe- cutcd, tijc. Kow Penalties' and Forfeitures are to be reco-- ■vered and di- ■ yided. diately give him or them a Ticket or Tickets, Certificate or Certificates, which fhall intitle him or them to all the Wages due to him or them, for his or their Service on board fuch Ship or Vefiel. V. And be it further enafted by the Authority aforefaid, That if aiiy Perfon or Perfons whatfoever Ihall alter, counterfeit, or mifapply, any or either of the Seals or Marks now ufed, or which fnall or may be ufed, at the Cuftom-houfe, for the fealing and marking Alamodes and Luflrings, according to the Direc- tions in this or any other Act, or which now are or fhall be ufed by the faid Royal Luftring Company, for the marking and feiding the Goods made, or which fhall be made, by them ; the Offender and Ofienders,. and all and every their Aiders, Abettors, and Affiflants, ftiall for every fuch Offence forfeit and lofe the Sum of five hundred Pounds, and fliall be adjudged to ffand in the Pillory in fome publick Place for the Space of two Flours ; and all and every Perfon and Perfons, who fhall buy or fell, or have in his, her, or their Cuftody or Poffeflion, any Alamodes or Luflrings, which are or fhall be fealed or marked with a coun- terfeit Seal or Mark, or which fnall have any Seal or Mark ufed or to be ufed at the Cultom-houfe, or by the Royal Luftring Company, thereunto afiixed or put, which hath not been aiKxed and put thereto at the Cuflom-houfe, or by the faid Company, knowing thereof, and not difcovering the fame, fhall forfeit the Goods fo fealed or marked, and alf^o the Sum of one hundred Pounds. And for the better difcovering and feizing of the faid Silks fo fraudulently imported, or not fealed and marked according to the Dirediions in this Aft, or which fhall be fealed or marked with any counterfeit Seal or Mark, as aforefaid, it fhall and" may be lawful to and for any Perfon or Perfons whatfoever, authorized by Writ of Affiftance under the Seal of Flis Majefly's Court of Exchequer, or with a Conftable or other publick Officer inhabiting near unto the Place, with a Warrant from a Juftice of Peace, and in the Day-time, to enter and go into an^^Houfe, Shop, Cellar, Warehoufe, or P..oom, or other Place whatfoever, to fearch for and feize any Alamodes or Luflrings, imported contrary to this or any other Ail, or not fealed and marked, as aforefaid, or which fhall be fealed or marked with any counterfeit Seal or Mark ; and in cafe of Refiflance, to break open Doors,. Chefbs, Trunks, and other Package whatfoever, there to feize, and from thence to bring to His Majefty's Warehoufe any of the faid Silks fo fraudulently imported, or not fealed and marked, as aforefaid ; and every Juftice of the Peace is hereby impowered and required to grant fuch Warrant to any credible Perfon or Perfons, making Oath that he or they have Reafon to fufpeft or believe, that there are fome of the faid Silks fo fraudulently imported, or not fealed and marked, as aforefaid, or which are fealed or marked with, fome counterfeit Seal or Mark, in the Place or Places where he or they intend to fearch ; and if any Que- flion, Difpute, or Doubt fhall arife, whether any fuch Silks, as aforefaid, imported, found, feized, re- ceived, fold, bartered, or offered to Sale or Barter, as aforefaid, or any Part thereof, were made or manu- factured in Parts beyond the Seas, or whether the fame were imported contrary to the true Intent and Mean-- ihg of this AG, the Proof fliall be incumbent only upon the Importer, Claimer, Owner, Proprietor, Sel- ler, Batterer, or fuch Perfon or Perfons in whofe Hands or Cuffody the faid Silks fhall be found refpec-- tively, and not upon the Informer, Seizer, or Profecutor. Vi. And be it further enafted by the Authority aforefaid. That all OfHcers belonging to the Cufloms, and all Sheriffs, Mayors, Bailiffs, Conflablcs, and other Officers, fhall be aiding and affifling in the ef- fectual Execution of this Aft : And that if any Officer or Perfon of or belonging to the Cuftoms, fhall. willingly or knowingly connive at the fraudulent Importation, delivering, receiving, buying, or felling of any Alamodes or Luflrings, contrary to the true Meaning of this Aft ; or if fuch OlEcer, or any Informerj or other Perfon or Perfons, fhall take upon him or them to feize any the faid Silks, or profecute any Per- fon or Perfons, upOn or by Virtue or by Means of this Aft, or any other Aft, and fhall by Fraud or Col- lufion defift or delay the Profecution to Condemnation of the faid Silks, or any Part thereof, after Seizure or -Stay of the fame, or the Profecution of any Perfon or Perfons, for any Offence againfl this or any other Aft, relating to the fraudulent Importation of fuch Silks, or the not fealing and marking fuch Silks im- ported ; he or they fo defifting or delaying fiiall forfeit and lofe the Sum of five hundred Pounds, and be incapable of holding any Office or Employment under His Majefty, His Heirs and SuccefTors. Vil. Provided always, and be it hereby enaited by the Authority aforefaid. That for the more effeftual Profecution of the Offences and Offenders againft this Aft, all and every Perfon and Perfons whatfoever, that fliall be ccnwifted for any Offence againft this Aft, or any other Law relating to Alamodes or Luf- trings, and fhall afterv.'ards offend a fecond or any more Tim.e or Times, fuch Perfon or Perfons (after Conviftion) ihall, fo often as he or they fhall fo offend, forfeit and pay double the Sum inflifted or impofed by this Aft. VIII. And be it further enafted by the Authority aforefaid. That all and every Perfon and Perfons, who fhall be guilty of any Offence or Offences contrary to the true Intent and Meaning of this Aft, or any other Aft relating to Alamodes or Luflrings, fhall and may be profecuted for any fuch Offence or Offences, in any Aftion, Suit or Information, and thereupon a Capias in the firft Procefs, fpecifying the Sum of the Penalties fued for, fhall and may ifTue; and fuch Perfon or Perfons fhall be obliged to give good and fuffi- cient Bail and Security by natural-born Subjefts, Perfons naturalized, or Denizens, to the Officer ferving or executing the Writ or Procefs on or againfl him, her, or them, to appear in the Court out of which fuch V/rit or Procefs fiiall iffue at the Day of the Return of fuch V/rit or Procefs, to anfvver fuch Suit or Profecution, arid fhall, at the Time of fuch Appearance, give fufficient Bail or Security by fuch Perfons as aforefaid, in tlie faid Court, to anfwer and pay all the Forfeitures and Penalties incurred for fuch Offence or Offences, in cafe he, fhe, or they fhall be convift thereof, or to yield his, her, or their Bodies to Prifon. IX. And for the Encouragem.ent and better enabling all fuch (whether Officers of the Cufloms or others) that fhall effeftualiy put this Aft in Execution, it is hereby further enafted by the Authority afore- faid, That all the Penalties and Forfeitures hereby or by any former Law relating to Alamodes or Luflrings given or impofed, or which fliall arife or accrue in refpeft thereof, or for the importing, conveying, de- livering, receiving-, buying, or felling of any Alamodes or LuflringSj fhall be diflributed and divided in Manner