general quarter sessions of the peace, within the kingdom of Great Britain, or any adjournment thereof, and they are hereby empowered and required to administer to every such person as shall be desirous of becoming a sworn winder of wool, and shall produce a certificate under the hands of any two growers of wool, testifying to the satisfaction of such justices, that such person is properly qualified to become a sworn winder of wool, an oath to the following purport and effect; that is to say, A. B. I do swear that I will truly and justly, without deceit, wind and fold all and singu- An entry of the administering and taking of which oath shall be made in the records of the said session, and a certificate thereof shall be delivered by the clerk of the peace, or other proper officer, to the person or persons who shall have taken the same. Provided always, and be it enacted; that nothing herein contained shall be construed to hinder or prevent any one from employing any person in winding or folding of wool, although such person or persons shall not have been sworn in manner before mentioned. No prosecution shall be commenced for any offences committed against any acts now s. 87, 88. in force, before the first day of May, 1788. And a general pardon is hereby extended to all persons in prison, and fugitives beyond the seas, for former offences. Also his Majesty's share of fines now due, or which may become due in any prosecution now pending, shall be remitted; and all persons against whom any process of outlawry hath been sued out, for the matters aforesaid, may be at liberty to apply, by motion, to the court out of which such process issued, to set aside, or reverse the same. If any person or persons, who shall claim the benefit of this act, shall commence any s. 89,90. prosecution against any officer of his Majesty's customs, excise, or salt duties, or against any person or persons, who shall have been aiding and assisting them, for any matter or thing done by them, by reason of any offence committed by the persons claiming the benefit of this act; the officers or other persons so prosecuted may plead the general issue, and give the special matter in evidence; and shall recover costs of suit against the person or persons so bringing or commencing such action or prosecution. But, Nothing in this act shall be construed to extend to the discharge or release of any seizures of sheep, wool, &c. or of any ships, vessels, boats, horses, waggons, carts, &c. under any act or acts of parliament now in force against the exportation of live sheep, wool, and the other before enumerated articles; nor to the discharge and release or acquittal of any fines which have been actually levied, or may become due in consequence of any suit now depending, to any officer or other person suing for the same under the directions of the said act or acts. Any action, suit, or information, that shall be commenced, brought and prosecuted Sect. 91. on account of the seizure of any sheep, wool, &c. or of any ship, vessel, boat, cart, waggon, &c. or for any matter, cause, or thing done, or executed by virtue of this act, or any clause or article herein contained; shall be commenced within six months after the fact, and not afterwards; and shall be laid in the proper county where the fact was done or committed. And the person or persons 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 at the trial; and that the same was done in pursuance and by the authority of this act. And if a verdict is given for the defendant or defend VOL. I. T 21 Geo. 3. cap. 2. 1 Will, & ants, the plaintiff or plaintiffs shall pay treble costs. But, though a verdict shall be given for the plaintiff or plaintiffs, they shall not be intitled to above two pence damages, nor to any costs of suit, if the court or judge, before whom the cause was tried, shall certify on the said record, that there was a probable cause for such seizure; nor shall the defendant be fined above one shilling; but the effects seized shall be restored to the plaintiffs. Prohibits the exportation of British hare skins, British .hare wool, and British coney wool. No wool shall be shipped from Ireland, but from Dublin, Waterford, Youghall, KinMar. c. 32. sale, Cork, and Drogheda. 10 and 11 Will. 3. For every ship which shall sail from Ireland, in order to export any of the commodic. 10. . 5. ties aforesaid to this kingdom, bond shall be given by two known inhabitants of or near the place, to the chief officers of the customs belonging to the port in Ireland, in double the value of the goods, before the ship shall be permitted to lade any of the commodities aforesaid, with condition, that if the ship shall take on board any of the said goods in Ireland, all the said goods shall be brought by the same ship to some port in England or Wales, and shall there be unladen, and pay the duties thereof (the danger of the scas excepted) and every ship which shall lade any of the said goods, until such bond be given, shall be forfeited as aforesaid. Ditto, sect. 10. Ditto, sect. 14. 3 Geo. 1. c. 21. sect. 5. Ditto, sect. 21. 5 Geo. 2. c. 21. s. 1. All such goods, exported from Ireland into this kingdom or Wales, shall be shipped off at the ports of Dublin, Waterford, Youghall, Kinsale, Cork, and Drogheda, and from no other port; nor shall be imported into any parts of England or Wales, other than Biddeford, Barnstaple, Minehead, Bridgwater, Bristol, Milford-haven, Chester and Liverpool. It shall be lawful to import from any of the aforesaid ports in Ireland, any wool, &c. into such ports of this kingdom as aforesaid; so as notice be first given to the commissioners of his Majesty's customs in this kingdom, or to the customer or collector in the ports to which the same is to be brought, of the quantity, quality, and package, with the marks and numbers thereof, the name of the ship and master, and the port into which they are to be imported, and so as bond be first entered into, to the use of his Majesty, with one or more sureties, in treble the value of the goods, that the same shall (dangers of the scas excepted) be landed accordingly, and so as a licence be first taken, under the hands of the commissioners of the customs, or from the customer or collector, where such bond is given for the landing thereof, which licence they are to grant without fee. All actions and informations which shall be prosecuted, by virtue of an act, for pre-venting the exportation of wool, or woollen manufactures, from Ireland, shall be tried in any of the four courts at Dublin, by a jury of freeholders, to be summoned out of any other county, than that wherein the fact was committed; and the first three who have been assisting in exporting of wool or woollen commodities, who shall inform any justice of peace thereof, whereby the punishment may be inflicted, such discoverer (not being the owner or part-owner thereof) shall not suffer any of the punishment. All such wool, and other the commodities mentioned in 10 and 11 Will. III. cap. 10. which shall be carried or laid on shore near the sea, or any navigable river, to the intent to be exported out of Ireland, contrary to that act, shall be forfeited, and the offender shall be liable to the like penalties, as persons by that act are subject to for exporting of wool, &c. The commissioners for executing the office of Lord High Admiral of Great Britain shall appoint three ships of the sixth rate, and eight or more armed sloops, constantly to cruize on the coast of Great Britain and Ireland, with orders for seizing all vessels in which any worsted, bay, or woollen yarn, or any drapery stuffs, or woollen manufac tures, made up or mixed with wool or wool-flocks, shall be exported or laden from Ircland into foreign parts, &c. All wool, and woollen or bay yarn, woolfels, shortlings, mortlings, wool-flocks, 12 Geo. 2. 'worsted, yarn, cloth, serge, bays, kersies, says, frizes, druggets, cloth serges, shal- P. 435. loons, stuffs, and other draperies and woollen manufactures, or mixed with wool, or wool-flocks, which shall be exported from Ireland after the first of May, 1740, into the ports of this kingdom hereafter-mentioned, shall be shipped off, and entered at the ports of Dublin, Waterford, Youghall, Kinsale, Cork, Drogheda, New Ross, Newry, Wexford, Wicklow, Sligo, Limerick, Galway, and Dundalk, in the said kingdom of Ireland, and from no other port or place; nor shall the same be imported into any parts of this kingdom, other than the ports of Biddeford, Barnstaple, Minehead, Bridgewater, Bristol, Milford-Haven, Chester, and Liverpool, in the same manner as if the said ports of Newry, Wexford, Wicklow, Sligo, Limerick, Galway, and Dundalk, had been particularly named for exportation of the said goods, in the act 10 and 11 Will. 3. intitled, An Act to prevent the Exportation of Wool out of the kingdom of Ireland and England, and for other purposes therein mentioned. By this act, wool, &c. under the restriction of the above act, may be exported from 26 Geo. 2. any port of Ireland into any port of England. After the 25th of December, 1739, no wool, or any of the said goods, shall be laden on board any ship or boat in Ireland, or imported from thence into this kingdom, but in such vessels or boats as shall be of the built of Great Britain or Ireland, and wholly owned and manned by the subjects of this kingdom or Ireland, and duly registered in the manner hereafter mentioned, under the penalty of the forfeiture of the said goods, or the value thereof, and of the vessel or boat in which the same shall be laden, together with all her ammunition and furniture. COFFEE. 5 Geo. 2. c. 24. s. 2. No coffee shall be put on board any ship in any of his Majesty's plantations in Ame- Coffee. rica, until the planter or his known agent shall make oath, or affirmation, before two justices of the peace, that the same is of the growth of such planter's plantation, which oath, &c. shall be produced to the collector, comptroller, and naval officer, by the person who shall enter such coffee; and such persons shall likewise make oath, or affirmation before the said officers, that the coffee then to be shipped is the same that is mentioned in such oath, &c. of the planter; and the collector, and comptroller, and naval officer, are required to deliver a certificate of such affidavit to the commander of such ship, on board which the said coffee is to be shipped; and the master of such ship shall, before clearing his ship, also make oath, that he has received such coffee on board, and that he has no other coffee on board than such, for which proofs shall be made as aforesaid, and that he will not take any more coffee on board before his arrival in Great Britain, and making a report of his lading thereof; for which affidavit and certificate the collector, and comptroller, or naval officer, shall receive 5s. and all certificates of such affidavit shall, by the commander of such ship, be produced to the collector and comptroller of the customs, at the port where such ship shall unlade, and the master shall deliver to such collector and comptroller, a certificate of the collector and comptroller of the customs, and naval officer of the place, where such coffee shall have been shipped, or any two of them, testifying the particular quantities of such coffee, and of which such proofs shall be made, specifying the package, with the marks, numbers, and weights of each package; and the master shall likewise make oath, or aflirm, that Ditto s. 4. Ditto s. 5. Ditto, s. 6. 5 Geo. 3. the coffee in the certificate was taken on board as in the certificate, and that after his departure he did not take on board any coffee, and that all the coffee on board his ship is mentioned in the said certificate; and upon entry of such coffee at the custom-house, and paying or securing the duties, a mark shall be set on every parcel; and thereupon such coffee shall be lodged in a warehouse, and the importer shall deliver to the collector the certificate of the affidavit of the growth of the coffee, together with the oath, and the oath, or a copy thereof, made by the planter; as also the certificate of the package, marks, and numbers of the coffee. No commander of any ship shall take in at America or at sea, or shall land in any of the said plantations, any coffee of the growth of any foreign country, except such as shall be exported from Great Britain, on pain of forfeiting such coffee and 2001. and likewise twelve months' imprisonment. If any person shall falsely make oath or affirmation, by this act directed, and thereof be convicted, &c. such person shall forfeit 2001. and be imprisoned twelve months and if any person shall forge a certificate of the said oath or affirmation, or shall publish such certificate, knowing the same to be forged, and be convicted in any of his Majesty's courts, such person shall forfeit 2001. This act shall continue to the 25th of March, 1739, and to the end of the next ses sion of parliament. Farther continued for seven years, and to the end of the next session of parliament by 11 Geo. 2. cap. 18. Farther continued for seven years, and to the end of the next session of parliament, by 19 Geo. 2. p. 412. Farther continued by 25 Geo. 2. to 25 March, 1759; and farther by 32 Geo. 2. till 24 June, 1766, and to the end of the then next session of parliament. Coffee shall not be imported but in packages of 112lb. nett at least; and to be stowed c. 43. s. 33. openly in the hold of the vessel, on forfeiture of the goods and package; which may be seized by any officer of the customs or excise. 6 Geo. 2. See further Coffee of the British plantations in America, or foreign coffee, which shall have been c. 52. s. 22; warehoused on the continent of America, to pay only half the old subsidy on importaprovisions tion; and to be warehoused as directed, by 10 Geo. 1. cap. 10. sect. 26. subject to the tice, title like duties, restrictions, and regulations, if taken out for home consumption; and to Excise." the like securities, &c. if for exportation, as coffee warehoused pursuant to that statute. Burn's Jus Sugar. p. 551,552, 553. see SUGAR. ENACTS that the acts 12, 15, and 25 Car. 2. so far as the same extend to sugar of 12, the growth and produce of his Majesty's plantations in America, being one of the commodities enumerated in the said acts, shall be ratified and confirmed in all respects further whatsoever, except only as to such sugars, as by this act shall be permitted to be exBurn's Jus- ported from the said sugar colonies, by such persons, in such ships, to such foreign "Ercise." countries, and under such regulations as are herein described and appointed for that purpose. provisions tice, title After 29 September, 1739, any of his Majesty's subjects, in any vessel built in Great Britain, and navigated according to law, and belonging to any of his Majesty's subjects, of which the major part shall be residing in Great Britain, and the residue residing either in Great Britain or some of the said sugar colonies, and not elsewhere, that shall clear outwards in any port of Great Britain for any of the said colonies, may load in the said colonies any sugars of the growth and manufacture of the said colonies, and may carry the same to any foreign part of Europe, provided a licence be first taken out for that purpose, under the hands of the commissioners of the customs at London or Edinburgh, subject to the regulations, and on the conditions hereafter mentioned, viz. that notice be first given to the master in writing, or one of the owners of such vessel, to the collector or comptroller of the port where such vessel happens to be, of the intention of such master or owner, that such ship shall proceed to some of the said sugar colonies to lade sugars to be carried to some other part of Europe than Great Britain; and that such master or owner, shall enter into bond, to the use of his Majesty, with Page 554. one or more sufficient securities, in the sum of 1000l. if the ship be of less burthen than 100 tons; and in the sum of 2000l. if she be of that, or greater burthen, with condition, that in case a licence be granted to carry sugars from the said sugar colonies to foreign parts, such ship shall proceed from Great Britain to the said colonies, and shall deliver the licence to the naval officer there, in case he intends to make use of the liberty granted by such licence, which he shall declare in writing to the naval officer before he takes any goods on board; and that in such case no tobacco, melasses, ginger, cotton wool, indigo, fustic, or other dying wood, tar, pitch, turpentine, hemp, masts, yards, bowsprits, copper ore, beaver skins, or other furs, of the growth and manufac ture of any British plantation in America, shall be taken on board such ship, unless for the necessary provisions in her voyage; and that such ship before she proceeds to any foreign port shall touch at some port in Great Britain, and that the master or commander shall deliver to the collector and comptroller of such port a new manifest, attested upon oath (or if a quaker by affirmation) of the lading, mentioning the marks, numbers, package, and contents of all the goods on board; and shall also bring back the said licence, with a certificate endorsed or affixed thereto, containing an account of. the marks, numbers, package, contents, and sorts of sugars on board such ship, in the manner hereafter directed; and that when such ship hath discharged her lading (the P. 555. danger of the seas and enemies excepted) she shall return to Great Britain within eight months after she has delivered her lading in any foreign part, and before she returns to any of the plantations in America; and that in case such vessel should take on board any merchandizes before her return to Great Britain, all such merchandizes that shall remain on board the said ship on her arrival in Great Britain shall be entered and landed, in like manner as other ships importing goods into this kingdom are obliged to do by the laws of the customs, or otherwise such goods shall be forfeited. Upon such bond being entered into, and the other requisites being duly complied with, a licence shall be granted accordingly, giving liberty, for that voyage only, to carry sugars of the growth of the said sugar colonies to any foreign part, in the manner and according to the intention of this act; but no ship shall have licence to carry sugars to foreign parts, unless it first appear by oath (or affirmation) of the master, that the property thereof is in his Majesty's subjects, of which the major part are residing in Great Britain, and the residue either in Great Britain or in some of the said sugar colonies, and not elsewhere; such oath or affirmation to be in the form hereafter mentioned, viz. A. B. maketh oath (or solemnly declares and affirms) that the (ship or vessel) called the P. 556. (name) whereof he (this deponent or affirmant) is master, and hath the charge and command for this present voyage to (place bound to) being (describe the built) (ship or vessel) of the burthen of (number) tons, was built at (place) in the year (time when) and that the said (ship or vessel) is wholly owned by the (person or persons) whose (name or names) and usual (place or places) of abode (is or are) undermentioned, and described by this (deponent or affirmant) that such (owner or owners) (is or are) his Majesty's British (subject or subjects) and that no foreigner, directly or indirectly, hath any share, part, or interest in the said (ship or vessel) to the best of. |