An Act to Prevent the Exportation to Foreign Parts of Utensils Made Use of in the Cotton, Linen, Woollen, and Silk Manufactures of this Kingdom

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An Act to prevent the Exportation to Foreign parts of Utensils made use of in the Cotton, Linen, Woollen, and Silk Manufactures of this Kingdom.

Whereas the exportation of the several tools or utensils made use of in preparing, working up, and finishing, the cotton and linen manufactures of this Kingdom, or any or either of them, or any other goods wherein cotton and linen, or either of them, are used, will enable foreigners to work up such manufactures, and thereby greatly diminish the exportation of the same from this Kingdom: therefore, for preserving as much as possible to his Majesty' s British subjects the benefits arising from those great and valuable branches of trade and commerce, be it enacted by the King' s most excellent Majesty, by and with the advice and consent of the Lords, Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That if at any time after the first day of July, one thousand seven hundred and seventy-four, any person or persons, in Great Britain or Ireland, shall upon any pretence whatsoever, load or put on board, or cause to be laden or put on board, of any ship, vessel, or boat, which shall not be bound directly to some port or place in Great Britain or Ireland, any such tools or utensils as are commonly used in, or are proper for the preparing, working up, or finishing, of the cotton or linen manufactures, or any or either of them, or any other goods wherein cotton and linen, or either of them, arc used, or any parts or parcels of such tools or utensils, by what name or names the same shall or may be called or known; the person or persons so offending shall, for every such offence, not only forfeit and lose all such tools and utensils, or parts or parcels thereof, which shall be so laden or put on board as aforesaid, but also the sum of two hundred pounds of lawful money of Great Britain; to be recovered by

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action of debt, bill, plaint, or information, in any of his Majesty' s courts of record at Westminster, or in the Court of Session in Scotland, or in any of the four courts of Dublin respectively, wherein no essoine, protection, privilege, or wager of law, shall be allowed, or more than one imparlance.

And be it further enacted bit the authority aforesaid, That from and after the said first day of July, it shall and may be lawful to and for any officer of his Majesty' s Customs in Great Britain, and for any officer of the Revenue in Ireland, to seize and secure in some or one of his Majesty' s, warehouses, all such tools or utensils, or parts or parcels thereof, by this Act prohibited to be exported, as such officer shall find or discover to be lade or put on board of any ship, vessel, or boat, which shall not be bound directly to some port or place in Great Britain or Ireland, and that every officer who shall seize and secure any of the said tools or utensils, or parts or parcels thereof, shall be fully and absolutely indemnified for so doing; and all tools and utensils, or parts or parcels thereof, so seized and secured as aforesaid, shall, after condemnation thereof in due course of law, be publicly sold to the best bidder, and one moiety of the produce arising by the sale of such tools and utensils shall be to the use of his Majesty, his heirs, and successors, and the other moiety to the officer who shall seize and secure the same as aforesaid.

And be it further enacted by the authority aforesaid, That from and after the said first day of July, if the captain or master of any ship, vessel, or boat, in Great Britain or Ireland, shall knowingly permit any tools or utensils, by this Act prohibited to be exported as aforesaid, to be put on board his said ship, vessel, or boat, every such captain or master shall, for every such offence, forfeit the sum of two hundred pounds of lawful money of Great Britain; to be sued for and recovered in such manner as the penalties by this Act upon persons exporting the said tools and utensils are to be sued for and recovered: and if the said ship, vessel, or boat, belongs to his Majesty, his heirs, or successors, then the captain or master thereof shall not only forfeit the sum of two hundred pounds, to be sued for and recovered as aforesaid, but shall also forfeit his employment, and be incapable of any office or employment under his Majesty, his heirs, or successors.

And be it further enacted by the authority aforesaid, That if any Customer, Comptroller, Surveyor, Searcher, Waiter, or other officer of the Customs in Great Britain, or any officer of the Revenue in Ireland, shall take, or knowingly or willingly suffer to be taken, any entry outward, or shall sign any cocket, warrant, or sufferance, for the shipping or exporting of any of the said tools or utensils by this Act prohibited to be exported, or shall knowingly or willingly permit or suffer the same to be done, directly or indirectly, contrary to the true intent and meaning of this Act, every such Customer, Comptroller, Surveyor, Searcher, Waiter, or other officer of the Customs of Great Britain, or officer of the Revenue in Ireland, shall, for every such offence, forfeit the sum of two hundred pounds of lawful money of Great Britain; to be sued for and recovered, as aforesaid, and shall also forfeit his office, and be incapable of holding any office or employment under his Majesty, his heirs, or successors.

And be it further enacted by the authority aforesaid, That if any person or persons, from and after the said first day of July, shall collect, obtain, or have, in his, her, or their custody or possession any such tools or implements as aforesaid, or any tools or implements used in the woollen or silk manufactures of this Kingdom, or any parts or parcels thereof, and complaint shall be made upon the oath of one or more credible witness or witnesses before any Justice or Justices of the Peace, that there is reason to believe that such person or persons have or hath collected, obtained, or got into his, her, or their custody or possession, such tools or implements as aforesaid, or parts or parcels thereof, with intent to export the same to some other port or place than Great Britain or Ireland; then, and in such case, it shall and may be lawful to and for the Justice or Justices of the Peace unto whom such complaint shall be made, to issue his warrant or warrants, not only to seize all such tools or implements, and parts or parcels thereof, but also to bring the person and persons so complained of before him or them, or some other of his Majesty' s Justices of the Peace for the same county, riding, division, or city;

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and if, when such person or persons shall be so brought before such Justice or Justices, he, she, or they, shall not give such an account of the use or purpose to which such tools, utensils, or parts or parcels thereof, are intended to be appropriated, as shall be satisfactory to the Justice or Justices before whom he, she, or they, shall be brought as aforesaid, then, and in such case, it shall and may be lawful to and for such Justice or Justices, not only to cause all such tools or utensils, or parts or parcels thereof, which shall have been seized as aforesaid, to be detained, but also to bind the person or persons so charged to appear at the next assizes, general gaol delivery, or quarter sessions of the peace for the county, city, riding, or division, where such offence shall be committed, with reasonable sureties for his, her, or their appearance; and in case such person or persons shall refuse or neglect to give such security, then, and in such case, it shall and may be lawful to and for such Justice and Justices to commit the person or persons so refusing to the county gaol, there to be kept until the next assizes, or next quarter sessions of the county, city, riding, or division, where such commitment shall be, at the election of such Justice of the Peace, and until he, she, or they, shall be delivered by due course of law: and in case any such person or persons shall be convicted upon any indictment or information against him, her, or them, at such assize or general goal delivery, or quarter sessions of the peace as aforesaid, of collecting, obtaining or getting into his, her, or their custody or possession, such tools or utensils, or parts or parcels thereof, with such intent as aforesaid; then, and in such case, the person or persons so offending, shall, for every such offence, not only forfeit and lose all such tools and utensils, and parts and parcels thereof, which shall be so seized and detained, but also the sum of two hundred pounds of lawful money of Great Britain; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty' s courts of record at Westminster, or in the Court of Session in Scotland, or in any of the four courts at Dublin respectively, wherein no essoine, protection, privilege, wager of law, or more than one imparlance, shall be allowed.

And be it further enacted, by the authority aforesaid, That one moiety of the respective forfeitures by this Act inflicted upon offenders against the same, shall, when recovered, go and be applied to the use of his Majesty, his heirs, and successors, and the other moiety to the use of the person or persons who shall sue and prosecute for the same respectively.

And be it further enacted by the authority aforesaid, That if any suit or action shall be commenced against any person for what he shall do in pursuance of this Act, such action shall be commenced within six months after the fact committed; and the person, so sued, may file common bail, or enter a common appearance, and plead the general issue, not guilty; and may give this Act, and the special matter, in evidence; and if the plaintiff or prosecutor shall become nonsuit, or suffer discontinuance, or if a verdict pass against him or her, or if upon demurrer, judgment be given against the plaintiff; the defendant shall recover treble costs.