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which the same is mixed or made'op, publicly burnt at such places as the commissioners of customs shall direct. *. 4.
The penalties shall be recovered in any court of record at Westminster, and one moiety shall be to the use of the kins, and the other moiety to such person as will sue for the sumo s. 5.
If any question arise where the said goods were manufactured, the proof shall lie upou the owner, or person prosecuted. t. 6.
Nothing in this act shall inflict any penalty on the wearer of any foreign embroidery, tic. s. 7.
All suits for any offence against this, or any former act which prohibits the importation or sale of foreign embroidery, Arc. shall be brought within twelve calendar months after the discovery of such offence, and in case of scisure within thre« months after such seizure. ». 8.
Dyson Qui lam v. Lit. Villiers, Ea. 13 Geo. 3, in a case re. served in an action for the penalty of 100/. for bringing in fo. reign embroidery, it was stated, that the defendant, whilst he was in France, had worn an embroidered waistcoar, which was made iu France, aud that this waistcoat was brought over in his portmanteau, when he came to England.—The question teas, Whether he -acre liable to the penalty, in 22 Geo. 2, and it uras hidden, that he was not; for by lord Muntjkld Cb. J. the intention of that statute was to prevent the bringing in of foreign embroidery for sale, aad not to hinder a gentleman from bringing in his wearing apparel. If the defendant were liable in this case to the penalty, the waistcoat might have been s<'ized in his portmanteau, it might have been taken off his back; the consequence of which would be that any person, oven a foreigner, coming from a foreign part, might be stripped naked, as soon as he sets his feet on the British shore.
4 Hue. Abr.'S6Q,
. i' U ;■ j . •■ • • it, .ii.i
■My «'Geo. 3'. c.-tO, if any foreign manufacturetl leather gioves or mills shall be imported into this kingdom, or any part of 'the British dominions, the same shall be forfeited", aisd be Haute Fo be searched for and seized by any officer of customs' or excise, as other prohibited goods; and every peistn whoshall import the same, or be aiding therein; or'beAng a vender or retailer" of Any kind of leather gloves or mitts; ■ in whose pos-* sevsion any such foreign manufactured leather gloves or MSttSf' .shall be found; or who shall sell, or expose to sale, any Sbt*r leather gloves or- mitts; or who shall conceal, with?-' mte'mVto prevent the forfeiture or seizure; shall over'the forfeiture'of suV^•?, leather gloves * and mitts, lor every offence, forfeit IQGt.' wftKdouble costs: s-Jt: *'J - '-" "• -> -sifii-e t-riiu
If any such leather gloves or mitts shtfikbe found" and'-s*fc«f . in England, out of London and Westminster, and the bills of mortality, and the same shall not exceed in value 20/. two jus^
tiecs may hear, and upon information determine the same, and proceed to condemnation or discharge thereof. *. 2.
After condemnation, such leather gloves and mitts shall be publicly sold, for exportation, by candle; and one moiety of the money arising by the sale, shall be to his majesty, and the other to the officer who shall seize. And no such gloves or mitt* shall be consumed in this kingdom, bat shall be exported again; and shall not be sold, otherwise than to be exported; and such gloves and mitts shall not be delivered out of the warehouse, where secured, until security be given that the same shall be exported, and not landed again in his majesty's dominions; which securities shall be discharged without fee, upon certificate under the common seal of the chief magistrate beyond the seas, or under the hands and seals of two known English merchants, that the goods were there landed; or upon proof, that such goods were taken by enemies, or perished in the seas; which commissioners are to call upon the person who has entered into such security, to produce such certificate or proof as afore, said. t. 3.
If any doubt shall arise where the same were manufactured, the proof shall lie upon the person in whose possession the same were found, and not upon the prosecutor; and in case no proof shall be given, that such gloves were manufactured within Great Britain, then the same shall be held to have been manufactured out of Great Britain, s. 4. 1
If any person, in whose possession such gloves or mitts shall be seized (not importing or concealing the same), shall discover, upon oath, before one justice, the person who sold such gloves, so as that such person may be prosecuted, such person so disi covering, shall be discharged from the penalties, s. 5.
All penalties and forfeitures, by this act, may be recovered, in the courts of record at Westminster, in the name of the attorney general, or some officer of customs or excise; and one moiety shall be to his majesty, and the other to the officer. 1.6.
But if any officer shall neglect or refuse, for one calendar mouth after such condemnation, to prosecute to effect; any other person may recover the penalties and forfeitures, and on* moiety shall go to his majesty, and the other to the person who shall sue. s. 7.
Nothing in this act shall subject any person who shall wear inch leather gloves or mitts as part of their apparel or dress only, to any forfeiture or penalty, or to any proof that they were manufactured within Great Britain, t. 8.
And by 25 Geo. 3. c. 55, the act 6 Geo. 3. c. ID, shall ex. tend to all foreign leather cut into the form of gloves or mitts caked shapes or tranks, or which shall be cut or prepared in any other manner in order to be made into gloves, and are not pro. P« to be ujed for any other purpose. *. 25.
fly 43 Geo. 3. c. 68, all cambricks and latent, common!) railed French lazcns, which shall be legally imported and hav< duly paid the duties of customs, may be worn or used in Grin Jlrilain, or sold or e.\posed lo sale therein, and shall not b subject to seizure or forfeiture on accouut of such importation! wear, or use. s. 21.
By 9 S> 10 Will. 3. c. 43, no foreign silks called alamod or lustrings s'wll be imported into any port, other than Lomlc only; and notice shall be given to the. commissioners of custom and a licence taken under their hands, which they are to grai without fee. s. 1.
The commissioncs shall cause all such alamodes and lustrini to be sealed, and keep a registry thereof in the custom-hou in London, which registry shall be made out •without lee, b fore, the goods be delivered out of the custom-house warehous and in case any of the said silks shall be imported into any poi other than London, or without notice and licence, and t duties paid, or shall not be scaled; such silks, or the ial thereof, shall be forfeited; and all such silks which" shall seized, shall be sold and exported again, s. 2.
And every person who shall import any alamodes or lustnt contrary to this act, or who shall knowingly receive the san or shall sell, or oiler to sale, any such foreign silks so frauil letrtly imported, their aiders, abettors, aud assistants, knowi thereof shall forfeit 100/. *. 3.
If any commission or warrant officer, or other person 1 shall be in the service of Ids majesty, and shall have the chai of any ship, shall import or suffer to be imported, or W or board any alamodes or lustrings in order to be impon into this kingdom, or shall unship, or softer to be mishipp into any other rcsscl, any such t,ilks, knowing thereof; shall, above the penalties, be incapable of serving his oiajs either by sea or land, or of receiving any benefit which hcB be intitled to by such service: and if any person belonging any ship shall discover any alamodes or lustrings which shall imported in any ship, or unshipped, cither at sea or in h hour, in order to be imported, comrary to this act, such p tons shall (over and above such part of the forfeitures which they shall be intitledj be immediately discharged fr their service on board such ship, if they desire the same;' the caplaiu or master of such ship shall give them tick* which shall iutitle them to all wages due for their service board such slrip. s. 4.
If any person shall alter, counterfeit, or misapply, these used at the custom-house for marking alamodes and lustrinj or which shall be used by the royal lustring company for I □irking of goods made by them, the offenders, their aiders aud assistants, shall forfeit 500/. and shall be adjudged to stand in the pillory in some public place for two hours; and every person who thai buy or sell, or have in his custody, any alanines or lustrings marked wilh a counterfeit seal, or which shall have any seal used at the custom-house, or by the royal lustring company, thereunto affixed, which hath not been put thereto at the custom-house, or by the company, knowing thereof, and not discovering the same, shall forfeit the goods so marked, and also 100/. And it shall be lawful for any person authorized by writ of assistance under I he teal of Ex. tkeipier, or zeith a constable or other public officer, inhabiting v.:or the place, xcith a itarrant from a justice of peace, in the day time to go into any house, or oilier place, to search for tod seize any alamodes or lustrings imported, contrary to any act, or not sealed as aforesaid, or which shall be marked with any counterfeit seal; and in case of resistance to break open doors, chests, and other packages, to seize and bring to liis majesty's warehouse any the said silks so fraudulently imported, or not sealed; and every justice of jxace is required to grunt mch aarrant to any credible persons making oath, that they have reason to suspect or believe, that there are some of the said silks so fraudulently imported or not sealed, or which are scaled with some counterfeit seal, in the places where they intend to search: and if any question arise, whether any such silks were made beyond the seas; or whether the same were imported contrary to this act, the proof shall be incumbent upon theclaimer, or such person in whose hands the silks shall be found, and not upon the prosecutor. *. 5.
All officers belong to the customs, and all sheriffs, mayors, itiiliffs, constables, andother ojjieers shall be assisting in the execution of this act. s. 0.
But by 5 Ann. c. 20, only officers belonging to the customs, or persons deputed by the royal lustring company, and who shall have writs of assistance from the court of Exchequer, and no others, may seize lustrings or alamodes within London and Westminster, and the bills of mortality, y. 3.
And if any officer of customs shall knowingly connive at the fraudulent importation, buying or selling of any alamodes or lustring contrary to this act; or if such officer or any other person shall take upon him to seize any the said silks, or prosecute any person upon this or any other acf, and shall by collusion delay the prosecution to condemnation of the silks, or die prosecution of any offence agaiiut this or any other act relating to the fraudulent importation of such silks, or the not sealing such silks imported, he shall forfeit 500/. ami be incapable of holding any office under his majesty. 9 & 10 Will. 3. c.43.1. 6.
Every person convicted, that shall afterwards offend a se. cond time, shall forfeit double the sum imposed by this act.
The penalties- shall be distributed, two third parts to his majesty, and the remaining third te such as shall seize or sue for the same, in any court of record at Westminster, the charge of which prosecution shall be borne out of his majesty's part. s. 9.
All suits by any informer for any offence against this act, shall be commenced within two years after the offence, s. 12.
By 19 Hen. 7. c.21, no person shall bring into England to dl«sT' *" 6'r* ^c so'''» any "''^ wrou8nt °y itself, or with other stuff, in any place ont of this realm, in ribbands, laces, girdles, cortes, hauls, corses of tissue, or points; upon pain of forfeiture there. «f,or the value of the same,one moiety to the king.and the other moiety unto any of the king's subjects that will seize the same.
And by 3 Geo. 3. c. 21. s. 1, and 6 Geo. 3. c. 48. *. 11, if any person shall import into this kingdom any ribbands, laces, or girdles, not manufactured in Great Britain, whether wrought of silk alone, or mixed with any other materials ; all such ribbands, laces, and girdles shall be forfeited; aad the same may be seized and detained by any person in whatever importer's, vender's or retailer's hands the same may be found; and the person importing, and every person aiding therein, 'shall forfeit over any interest which he may have in such ribbands, &c. the penalty of -2001.
And every vender of any kind of ribbands, laces or girdle?, in whose possession such ribbands, laces or girdles, shall be found, or who shall sell, or conceal the same, to prevent forfuture or seizure, shall above the forfeiture of such ribband?, laces, or girdles, forfeit 200/. 3 Geo. 3. c. 21. «. 2. 5 Geo. 3. c 48. s. 11.
And it is provided by 5 Geo. 3. c. 48, that the said penalties of 200/. with costs, may be recovered in any court of re. cord at Westminster, in the name of the attorney general, or sum« officer of customs ; and one moiety shall be to his majesty, and the other to the officer who shall prosecute. *. 11.
And all such riblmmls, laces, and girdles shall be only seized and secured by some officer of customs, s. 13. SBi st«kii|», Also by 5 Geo. 3. c. 48, if any foreign manufactured silk ■""V"* stockings, silk mitts, or silk gloves, shall be imported into this kingdom^ or any part of the British dominions, the same shall be forfeited, and liable to be searched for and seized, as other uncustomed goods are; and every person who shall import tbs same, or be aiding thereiu, or being a vender or retailer of any kji d of silk stockings, mitts, or gloves, in whoso possessiea any such foreign manufactured silk stockings, mitts, or gloves, shall be found, or who shall sell, or expose to sale, or conceal the same with intent to prevent the forfeiture or seizure shall above the forlciture thereof, for every offence, forfeit two, hut* dred pounds with costs, s. I.
And such penalties and forfeitures may be recovered in any court of record at IVestmimter, in the name ol the attoro'jr