Page:Ruffhead - The Statutes at Large - vol 3.djvu/299

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A. D. 1662.
Anno decimo tertio & quarto Caroli II.
C. 18.
251

Aiders and Assisters therin shall be abjuged Felons. III. And be it further enacted by the Authority aforesaid, That every Owner of any such Ship or other Vessel, and every Owner of every Horse, Cart or Carriage, upon which any Sheep, Wool, Wool-sells, Mortlings, Shorlings, Yarn made of Wool, Wool-flocks, Fullers-Earth or Fulling-Clay, shall be do exported, transported, carried or conveyed as aforesaid, or to any such Intent or Purpose as aforesaid, knowing thereof, and being wittingly and willingly aiding, assisting or consenting thereunto, and also every Madter and Mariner of or in such Ship or other Vessel, wherein any such Sheep, Woo!, Wool-fells, Mortilings, Shorlings, Yarn made of Wool, Wool-flocks, Fullers-Earth or Fulling-Clay, shall be so exported, transported, carried or conveyed, or loaden or laid on Board as aforesaid, to any such Intent or Purpose as aforesaid, knowing thereof, and being wittingly and willingly aiding, assisting or consenting thereunto, and also every Factor or Servant, or other Person whatsoever, and every Customer, Comptroller, Waiter, Searcher, Surveyor or other Officer or Person whasfoever, knowing thereof, and being wittingly or willingly aiding, assisting or consenting thereunto, shall be, and shall be adjudged and taken to be, a Felon, and every Offender and Offenders therein, being duly convicted, shall suffer and forfeit as in Case of Felony.

Offences Against this act, where to be examined and tried. IV. And be it further enacted by the Authority aforesaid. That every Offence which shall be done or committed contrary to this Act, shall and may be enquired of, and heard, examined, tried and determined in the County where such Sheep, Wool, Wool-fells, Mortlings, Shorlings, Yarn made of Wool, Wool-flocks, Fullers-Earth or Fulling-Clay respectively, shall be so packed, laden, or laid on Board as aforesaid, or else in the County where such Offender shall happen to be apprehended or arrested for such Offence, in such Manner and Form, and to such Effect to all Intents and Purposes, as if the same Offence had been wholly done and committed in the same County.

Peers. IV. Provided also. That every Baron, and other Peer of this Realm, which shall be indicted or accused as Principal or Accessary in or to any Offence made Felony by this Act, shall have his, her or their Trial, by his, her or their Peers, as in Cafes of Felony at the Common Law.

None to be impeached unless within one Year next after the Offence committed. VI. Provided always, and be it enacted by the Authority aforesaid. That no Person or Persons whatsoever shall at any Time hereafter be impeached for any Offence made Felony by this Act, unless such Person or Persons shall be thereof indicted within the Space of one Year next enduing such Offence committed. The Prosecution may be within three years. 9 & 10 W.3 C.40

'VII. And forasmuch as great Quantities of Wool, Woollen Yarn and Wool-flocks, are close packed compressed together with Screws and other unlawful Engines, into Butts, Pipes, Hogsheads, Chests and other Cases and Vessels, and into Sacks, Bags and other Wrappers made of Wool or Linen, and under Colour of Bales, Sacks, Bags, Packs and Casks of other Goods, and otherwise, great Quantities of the same are daily loaden on Board of Ships or other Vessels, and so are carried, conveyed, exported and transported out of the Kingdoms, Town of Berwick and Dominion aforesaid; and alao great Quantities are daily carried and laid at or near the Coasts of the Sea, or some Navigable Rivers, into Store-houses and Barns, and by Night are laid on Board of Shallops, and other Vessels belonging to Aliens, and so carried and exported out of the Kingdoms, Town of Berwick and Dominion aforesaid;' (2) Be it therefore enacted by the Authority aforesaid. That from and after the said first Day of August, no Person or Persons shall press together with any Screws, Presses or other Engines, into any Sack, Pack, Bag or other Wrapper, Scrues and unlawful Engines for pressing together of Wool not to be used. or shall put, press, pack or stean any Wool whatsoever, or any Yarn made of Wool, into any Butt, Pipe, Hogshead, Chest or any other Cask or Vessel, upon any Pretence whatsoever, or shall carry or lay, or cause to be carried or laid, at or near the Shore or Coasts of the Sea, or of any Navigable River, or into any House or Place near adjoining thereunto, any such Wool, Wool-flocks or Yarn made of Wool, with Intention to export, transport, carry or convey the same out of the Kingdoms of England or Ireland, Town of Berwick upon Tweed, or Dominion of Wales, into the Kingdom of Scotland or into any Foreign Parts, under the Penalty of the Loss and Forfeiture of all such Wool, Wool-flocks and Yarn made of The Penalty Wool, as shall be so packed or pressed, or put or laid into Casks, or carried and laid near to the Sea-Shore or to any Navigable River as aforesaid, or the Value thereof.

Fulling-Clay, Tobacco pipe-clay not to be exported. 'VIII. And whereas great Quantities of Fullers-Earth or Clay are daily carried and exported Fulling-Clay, under the Colour of Tobacco-pipe-Clay;' (2) Be it therefore enacted by the Authority aforesaid. That no Tobacco-pipe-Clay shall from and after the first Day of August one thousand six hundred sixty two, be exported, transported, carried or conveyed out of or from the Kingdom of England, Town of Berwick upon Tweed, or after the first Day of January one thousand six hundred sixty and two, out of or from the Kingdom, of Ireland or the Dominion of Wales, into the Kingdom of Scotland, or into any Foreign Parts, or into any Port or Place out of the Kingdom or Dominion aforesaid; The Penalty under the Penalty of three Shillings for every Pound of Tobacco-pipe-Clay which shall be exported or transported contrary to this Act.

Packs of Woll, Wool-fells &c. Shall not be carried but in the Day-time. IX. And be it further enacted by the Authority aforesaid. That from and after the first Day of August packs of Wool, one thousand six hundred sixty and two, no Packs, Sacks, Bags or Cask of any Wool, Wool-sells, Mortlings, Shorlings, Yarn made of Wool, Wool-flocks, Fullers-Earth, Fulling-Clay or Tobacco-pipe-Clay, shall be laid or loaded on any Horse, Cart or other Carriage whatsoever, or shall be carried or conveyed by Land to or from any Place or Places within the Kingdom of England, Town of Berwick or Dominion aforesaid, nor after the first Day of January one thousand six hundred sixty-two, in the Kingdom of Ireland, but in the Day-time and at seasonable Hours, (that is to say) from and after the first Day of March to the nine and twentieth Day of September yearly, between the Hours of four of the Clock in the Morning and eight of the Clock in the Evening; and from the nine and twentieth Day of September to the first Day of March yearly, between the Hours of seven of the Clock in the Morning and five of the Clock in the Evening, under the Penalty of the Loss and Forfeiture of all such Goods or the Value thereof; The Penalty(2) The Penalty, the one Moiety of all which Forfeitures mentioned in this Act to be to the Use of the King, his Heirs and Successors, and the other Moiety to him or them that will sue for the same by Action of Debt, Bill, Plaint or Information, in any Court of Record, in which no Essoin, Protection or Wager of Law shall be admitted or allowed.

Proviso X. Provided nevertheless, That this Act, or any Thing therein contained, shall not extend or be construed to extend to repeal, disannul and make void any the Penalties, Clauses or Provisoes mentioned inone