Trade with France Act 1690

II. Persons selling Wine in Vessel unsealed, or at undue Price.

Limitation of Prosecution.; Penalty.; Penalty how disposed of.; No double Punishment.; Certiorari not allowed.

And it is hereby Enacted by the Authoritie aforesaid That if any person or persons [X1 at any time or times] from and after the First day of February One thousand six hundred and ninety shall sell or utter by Retaile in or by any Glasse Botle or Botles or in or by any other Retaile Measure not made of Pewter and sealed according to Law any kinde of Wine or Wines whatsoever or any other Liquor exposed to sale for Wine or shall sell the same for a greater price then by the afore mentioned Act is appointed and shall be convicted thereof by the Confession of the Partie or by the Oath of two credible Witnesses before one or more Justice or Justices of the Peace of the County City or place where such Offence shall be committed (who are hereby required and impowered to Administer an Oath to that purpose) such person being prosecuted for such Offence within Thirty dayes next after such Offence committed that then every person soe offending shall forfeit and pay for every such Offence the Penalty and Summe of Fifty Shillings which if not paid upon demand shall be levyed by distresse and sale of the Goods and Chattells of every such Offender by Warrant under the Hand and Seale of the Justice or Justices before whome such Conviction shall be made which Warrant the said Justice and Justices are hereby impowered and required to grant to the Constable Headburrough or Tythingman of the Parish or place where such Offence shall be committed who are hereby required and authorized immediately to levy the same accordingly rendring the Overplus to the Owner thereof The said Penalty Forfeiture and Moneys soe levyed to be given to the Informer And for want of sufficient Distresse the Offender shall be committed to the Common Gaole there to remaine without Baile or Mainprize untill he shall pay the said Money and Penalty and all necessary Costs and Charges of such Conviction and Prosecution the said Costs to be taxed by the Justice or Justices before whome the said Conviction was made Provided That where any Offender shall be punished by force of this Act he shall not be prosecuted nor incurr the penaltie of any other Law or Statute for the same Offence And that noe Writt or Writts of Certiorari shall be granted or allowed to supersede or remove any Conviction or Proceedings in pursuance of this Act but that Execution and all other Proceedings shall and may be had and made thereupon Any such Writt or Writts or Allowance thereof notwithstanding

Editorial Information

X1 interlined on the Roll.