Trade with France Act 1688

II. Importing Goods.

Penalty.; Having such Goods in Custody.; 1st Offence. Penalty.; 2d Offence.; Penalty.; Selling, &c. such Goods.; Penalty.; Onus probandi to lie upon Importer, &c.; And in Default of Proof, Judgment.; Informer acting by Collusion.; Penalty, £500. All Officers to aid in executing this Act.; Such Goods to be put into the King's Warehouse.; Where and by whom they are to be viewed, registered, and accounted for.; Seizures, Examinations, &c. to be entered and subscribed by Officers.; Copies of Entries, &c. and Certificate of Destruction of Goods, to the Commissioners of the Customs.

And moreover it is further enacted That every person and persons that shall have imported the same shall forfeite the full value thereof according to the Rates and Prices hereafter in this Act respectively mentioned and every person and persons in whose Custodie the same shall be found at the time of such Seizure or Stay or that shall sell utter or retaile within the Kingdoms of England or Ireland Dominion of Wales or Towne of Berwicke upon Tweede or the Isles of Jersey Guernsey Alderney Sarke or Isle of Man any of the Commodities imported contrary to this Act shall for the first Offence forfeit the full Value thereof according to the Rates and Prices hereafter mentioned and for the second Offence (after Conviction for such first Offence) shall forfeit double the full value thereof according to the Rates aforesaid and shall alsoe after Conviction of such second Offence stand and be disabled and be incapeable in Law to beare or execute any Office or Employment for or concerning or relateing to the Collection or Managery of the Customs or any part of their Majestyes Revenue or any other Office or Publick Employment whatsoever And if any of the Commodities aforesaid whether they be single or mixt with any Commodity of the Growth or Product of any other Nation Country or Place whatsoever imported contrary to this Act shall dureing the said Terme of three yeares or before the end of the Session of the next Parlyament after the end of the said three yeares upon any pretence whatsoever be vended sold retailed or uttered or be found or remaine within the Kingdoms of England or Ireland Dominion of Wales or Towne of Berwicke upon Tweede or Isles of Jersey Guernsey Alderney Sarke or Isle of Man the same shall and may be seized by any person or persons whatsoever in whose Possession or Custodie soever they shall or may be found and like Informations thereof and Judgement and Execution for the destruction of them shall be had made and given as is before expressed And moreover every person in whose Custody or Possession they shall be found or that shall vend sell retaile or utter the same shall incurr the Forfeitures and Penalties aforesaid to be recovered as herein is mentioned And if any Question Dispute or Doubt shall arise whether any of the Commodities aforesaid seized sold found or uttered as aforesaid or any part thereof either single or mixt were of the Growth Product or Manufacture of any of the Territories or Dominions of the French King or were imported contrary to this Act the Proofe shall be incumbent onely upon the Importer Claimer Owner Proprietor Seller and Retailer or such person or persons with whome the said Goods shall be found respectively and not upon the Informer And for default of such Proofe that then a Judgement thereupon shall be given for the destruction of the said Commodities and for Recovery of the aforesaid Forfeiture and Execution of such Judgement shall be immediately granted and awarded according to the true intent and meaning of this Act without any stay or delay whatsoever And if any Informer or other person or persons shall take upon him or them to seize or prosecute any Goods or Commodities or any person or persons upon or by virtue or meanes of this present Act shall by Fraud or Collusion desist or delay the prosecution of the Condemnation of any the Commodities aforesaid after seizure or stay of the same or the Prosecution of any person or persons for any Offence against this Act he and they soe desisting or delaying shall for every such Offence upon due Conviction thereof forfeit the Summe of five hundred pounds And all Customers Searchers and other Officers belonging to the Customs And all Sheriffes Mayors Bailiffes Constables and other Officers shall be and are hereby strictly injoyned and required to be aiding and assisting in the due Execution of this Act in reference to the Commodities aforesaid which are to be destroyed or disposed of as aforesaid And noe Commissioner or Commissioners Customer Surveyor Generall or Surveyor or other Officer or person whatsoever relating to the Customs shall signe suffer or allow of any Warrant free Warrant or Order for passing or delivery of any Goods prohibited by this Act either to any person or into any place whatsoever other then into one of their Majesties Warehouses there to remaine in safe Custody untill a Judgement or Condemnation in Law upon or touching the said goods be given and passed according to the true intent and meaning of this Act nor shall any Surveyor of the Land Waiters nor [X1 Surveyer] of the Tyde Waiters or Kings Waiter or Land-Waiter or other Officer or person whatsoever relateing to the Customs either by vertue colour or pretext of any Warrant or Order whatsoever take up or deliver any of the Goods prohibited by this Act or carry them or suffer them to be carryed to any other place then one of their Majestyes Warehouses there to remaine untill a Judgement or Condemnation upon or touching the said Goods be given and passed according to the true intent of this Act And all such Goods soe as aforesaid brought into any of their Majestyes Warehouses shall be forthwith viewed opened or examined in the presence of two or more principall Officers of that Port whereof the Collector Customer or Customers Deputy to be one and the Marks Numbers of each Vessell or Package and the Nature Kinde Quality Quantity and true Contents of the said Goods together with the time when they were soe brought in and the time of their delivery out of the said Warehouses shall by speciall direction of the Commissioners or other Chiefe Officers that shall have the Managery Direction or Collection of the Customs be fairly registred in a Booke to be kept for that purpose and for entry of the Claimes as is herein before directed and for noe other purpose whatsoever And every such Entry of each Seizure with the time of viewing opening and examineing thereof to be duely entred and subscribed by the Officers aforesaid and by the Warehouse-keeper or Surveyour where noe Warehouse-keeper is established Which Examination [X2 alsoe shall] be repeated and entred in manner aforesaid by the said Officers after Condemnation of the said Goods at the time of the delivery out of any the said Goods to be destroyed or otherwise disposed of and to be diligently compared with the first Entry to prevent any Fraud Change or Imbezelment And in case any shall be found upon such Examination or after delivery upon the destruction of the said Goods the same to be entred and subscribed in the said Booke by the principall Officer of the said Port not haveing Charge of the said Warehouse and true Copies of all the said Entryes and Examinations with the Claimes as aforesaid as alsoe a true Certificate of the destruction of the said Goods signed as aforesaid be from time to time transmitted by the Collector of the said Port unto the Com[m]issioners Farmers principall Officers or other persons haveing the Managery of their Majestyes Customs for the time being together with the monthly Abstracts of the said Ports which shall be carefully filed and a distinct accompt kept thereof by the Register of the Seizures in the Port of London

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: Surveyor O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 Variant reading of the text noted in The Statutes of the Realm as follows: shall alsoe O. [O. refers to a collection in the library of Trinity College, Cambridge]