Lustrings Act 1697

V. Counterfeiting, &c. Seals or Marks used at the Custom House, &c.;

Penalty £500 and Pillory; Having in Possession, &c. Silks marked with counterfeit Marks, &c; Forefeiture of Goods and Penalty £100; Persons authorized by Writ of Assistance, &c. may in the Day-time enter Houses, &c. and seize Silks unduly imported; and may break open Doors, &c; Justice of Peace to grant Warrant on Oath of Suspicion; In Questions whether Silks are Foreign or unduly imported, onus probandi on Claimant, &c.

And be it further enacted by the Authority aforesaid That if any Person or Persons whatsoever shall alter counterfeit or misapply any or either of the Seals or Marks now used or which shall or may be used at the Custom house for the sealing and marking Alamodes and Lustrings according to the Directions in this or any other Act or which now are or shall be used by the said Royal Lustring Company for the marking and sealing the Goods made or which shall be made by them the Offender and Offenders and all and every their Aiders Abetters and Assistants shall for every such Offence forfeit and lose the Sum of Five hundred Pounds and shall be adjudged to stand in the Pillory in some publick Place for the Space of Two Hours And all and every Person and Persons who shall buy or sell or have in his her or their Custody or Possession any Alamodes or Lustrings which are or shall be sealed or marked with a counterfeit Seal or Mark [X1 or which shall have any Seal or Mark] used or to be used at the Custom-house or by the Royal Lustring Company thereunto affixed or putt which hath not been affixed and put thereto at the Custom-house or by the said. Company knowing thereof and not discovering the same shall forfeit the Goods so sealed or marked and also the Sum of One hundred Pounds And for the better discovering and seizeing of the said Silks so fraudulently imported or not sealed and marked according to the Directions in this Act or which shall be sealed or marked with any Counterfeit Seal or Mark as aforesaid It shall and may be lawful to and for any Person or Persons whatsoever authorized by Writ of Assistance under the Seal of His Majesties Court of Exchequer or with a Constable or other publick Officer inhabitting near unto the Place with a Warrant from a Justice of Peace and in the Day time to enter and go into any House Shopp Cellar Ware-house or Room or other Place whatsoever to search for and seize any Alamodes or Lustrings imported contrary to this or any other Act or not sealed and marked as aforesaid or which be sealed or marked with any Counterfeit Seal or Mark and in case of Resistance to break open Doors Chests Trunks and other Package whatsoever there to seize and from thence to bring to His Majesties Warehouse any of the said Silks so fraudulently imported or not sealed and marked as aforesaid And every Justice of the Peace is hereby impowred and required to grant such Warrant to any credible Person or Persons makeing Oath that he or they have reason to suspect or beleive that there are some of the said Silks so fraudulently imported or not sealed and marked as aforesaid or which are sealed or marked with some counterfeit Seal or Mark in the X2 Places which he or they intend to search And if any Question Dispute or Doubt shall arise whether any such Silks as aforesaid imported found seized received sold bartered or offred to sale or barter as aforesaid or any Part thereof were made or manufactured in Parts beyond the Seas or whether the same were imported contrary to the true Intent and Meaning of this Act the Proof shall be incumbent only upon the Importer Claimer Owner Proprieter Seller Barterer or such Person or Persons in whose Hands or Custody the said Silks shall be found respectively and not upon the Informer Seizer or Prosecutor.

Editorial Information

X1 interlined on the Roll.

X2 Place or O. and King's Printer's Copy.