tations in America; which respective certificates shall be under the hands and feals of the collector or other principal officer of the customs refident at the port or place where fuch goods shall and if for any be landed, testifying the landing thereof; and for fuch of the other place in faid goods as fhall be entered for, or landed at, any other place America, Africa, or Alia, in America, Africa, or Afia, to bring the like certificate within twelve months, under the common feal of the chief magiftrate, or under the hands and feals of two known British merchants within 12 months. Where the goods perifh, or are taken, the bond is discharged. ried to ano and taking out a proper cocket; refiding there; or fuch bond or bonds fhall be difcharged, in either of the faid cafes, by proof upon oath made by credible perfons, that the faid goods were taken by enemies, or perished in the feas. XXIX. And, for the better preventing frauds in the importation or exportation of goods that are liable to the payment of duties, or are prohibited, in the British colonies or plantations in No goods to America, it is further enacted by the authority aforefaid, That be fhipped in from and after the twenty ninth day of September, one thousand one British co- feven hundred and fixty four, no goods, wares, or merchandizes, lony to be car- of any kind whatsoever, fhall be shipped or laden on board any ther, without fhip or veffel in any of the British colonies or plantations in Aa fufferance; merica, to be carried from thence to any other British colony or plantation, without a fufferance or warrant firft had and obtained from the collector or other proper officer of the customs at the port or place where fuch goods fhall be intended to be put on board; and the mafter of every fuch fhip or vessel shall, before the fame be removed or carried out from the port or place where he takes in his lading, take out a cocket or cockets expreffing the quantity and quality of the goods, and marks of the package, fo laden, with the merchants names by whom shipped and to whom configned; and if they are goods that are liable to the payment of any duty, either upon the importation into, or upon the exportation from, the faid colonies or plantations, the faid cocket or cockets fhall likewife diftinctly specify that the duties have been paid for the fame, referring to the times or dates of entry and payment of fuch duties, and by whom they were paid; which cocket or cockets fhall be produced by the mafter of such fhip or veffel, to the collector or other principal officer of the customs at the port or place where fuch fhip or veffel fhall arrive in any of the British colonies or plantations in America, beon forfeiture fore any part of the goods are unladen or put on fhore: and if of the goods. any goods or merchandizes fhall be shipped as aforefaid without fuch fufferance, or the veffel fhall depart and proceed on her voyage without fuch cocket or cockets, or the goods fhall be landed or put on thore before fuch cocket or cockets are produced at the port or place of discharge, or if the goods do not be forfeited if agree in all refpects therewith, the goods, in any or either of they do not thofe cafes, fhall be forfeited and loft; and any officer of his agree with the Majefty's cuftoms is hereby impowered to ftop any fuch fhip or veffel, bound as aforefaid, which shall be difcovered within two wered near the leagues of the shore of any of the faid British colonies or plantations in America, and to feize and take from thence all the which is to be produced at the port of discharge; Goods alfo to cocket. Veffel difco goods ftopt; and the goods, for goods which shall be found on board fuch ship or veffel for which coaft may be no fuch cocket or cockets fhall be produced to him. XXX. And whereas British veffels arriving from foreign which no parts at several of the out ports of this kingdom, fully or in cocket is propart laden abroad with goods that are pretended to be deftined duced, may be to fome foreign plantation, do frequently take on board fome feized. fmall parcels of goods in this kingdom which are entred outwards for fome British colony or plantation, and a cocket and clearance thereupon granted for fuch goods, under cover of which the whole cargoes of fuch veffels are clandeftinely landed in the British American dominions, contrary to feveral acts of parliament now in force, to the great prejudice of the trade and revenue of this kingdom; for remedy whereof, be it further enacted by the authority aforefaid, That from and after the first day of May, one thousand feven hundred and fixty four, no ship No veffel to or veffel fhall, upon any pretence whatsoever, be cleared out- be cleared out wards from any port of this kingdom, for any land, ifland, for any of the plantation, colony, territory, or place, to his Majefty belong- British coloing, or which shall hereafter belong unto or be in the poffeffion nies in Ameor under the dominion of his Majefty, his heirs, or fucceffors, whole cargo in America, unless the whole and entire cargo of fuch fhip or veffel be shipped in fhall be bona fide, and without fraud, laden and shipped in this this kingdom; kingdom; and any officer of his Majefty's cuftoms is hereby impowered to stop any British fhip or veffel arriving from any and where any part of Europe, which fhall be discovered within two leagues European vefof the fhore of any of the faid British colonies or plantations fel is difcoverin America, and to seize and take from thence, as forfeited, any ed near such coafts, the goods (except as herein after mentioned) for which the mafter goods for or other person taking the charge of fuch fhip or veffel fhall not which no fuch produce a cocket or clearance from the collector or proper officer cocket is proof his Majefty's customs, certifying that the faid goods were duced, may be feized; laden on board the faid fhip or veffel in some port of Great Britain. rica, unless the XXXI. Provided always, That this act fhall not extend, nor be conftrued to extend, to forfeit, for want of fuch cocket or Salt, clearance, any falt laden in Europe for the fisheries in New England, Newfoundland, Penfylvania, New York, and Nova Scotia, or any other place to which falt is or fhall be allowed by law to be carried; wines laden in the Madeiras, of the growth thereof; and wines of the growth of the Western Islands, or Azores, and Madeira laden there; nor any horfes, victuals, or linen cloth, of and wines, &c. from Ireland, which may be laden on board fuch fhips or veffels. Horfes, proXXXII. And it is hereby further enacted, That if any per- nens from Irefon or perfons fhall counterfeit, rafe, alter, or falfify, any affida- land,excepted, vit, certificate, fufferance, cocket, or clearance, required or di- Penalty on rected by this act, or shall knowingly or willingly make ufe of counterfeitany affidavit, certificate, fufferance, cocket, or clearance, fo coun- ing, &c. any terfeited, rafed, altered, or falfified, fuch perfon or perfons fhall, certificate, for every fuch offence, forfeit the fum of five hundred pounds;. 500 1. &c. and fuch affidavit, certificate, fufferance, cocket, or clearance, thall be invalid and of no effect. XXXIII. And vifions, or li affidavit or Claufe in act XXXIII. And whereas by an act of parliament, made in the ninth year of the reign of his late majesty King George the Second, intituled, An act for indemnifying perfons who have been guilty of offences against the laws made for fecuring the revenue of customs and excife, and for enforcing thofe laws for the future, and by other acts of parliament fince made, which are now in force, in order to prevent the clandeftine landing of goods in this kingdom from veffels which hover upon the coafts thereof, feveral goods and veffels, in those laws particularly mentioned and defcribed, are declared to be forfeited, if fuch veffels are found at anchor, or hovering within two leagues of the shore of this kingdom, without being compelled thereto by neceffity or distress of weather; which laws have been found very beneficial to the publick revenue: and whereas, if fome provifion of that fort was extended to his Majesty's American dominions, it may be a means of preventing an illicit trade therewith, and. tend to enforce an act made in the twelfth year of the reign of 12 Car.II. and King Charles the Second, intituled, An act for the encouraging and increafing of Shipping and navigation, and another act made in 7 & 8 Will. 3. the feventh and eighth years of the reign of King William the Third, intituled, An act for preventing frauds, and regulating abufes in the plantation trade, fo far as thofe laws do prohibit any goods or commodities to be imported into or exported out of any British colony or plantation in America, in any foreign fhip or Foreign vef- veffel; to which end therefore, be it enacted by the authority fels found at aforefaid, That from and after the twenty ninth day of Septemanchor, or ber, one thousand seven hundred and fixty four, if any foreign hovering on the coats of hip or veffel whatsoever fhall be found at anchor, or hovering any of the Bri- within two leagues of the fhore of any land, ifland, plantation, tith American colony, territory, or place, which fhall or may be in the poffefdominions, fion or under the dominion of his Majefty, his heirs or fucceffors, and not de- in America, and fhall not depart from the coaft, and proceed upon parting, unless her voyage to fome foreign port or place, within forty eight diftreffed, hours after the mafter or other perfon taking the charge of fuch fhip or veffel fhall be required fo to do by any officer of his Majefty's customs, unless in cafe of unavoidable neceffity and diare liable to be ftrefs of weather, fuch fhip or velel, with all the goods therein forfeited, to- laden, shall be forfeited and loft, whether bulk fhall have been gether with broken or not; and fhall and may be feized and prosecuted by. the goods. any officer of his Majefty's customs, in fuch manner and form as herein after is expreffed. within 48 hours after notice, ExceptFrench fifning veffels off New foundland. XXXIV. Provided always, That nothing herein contained fhall extend, or be conftrued to extend, to any thip or vessel belonging to the subjects of the French king, which thall be found fifhing, and not carrying on any illicit trade, on that part of the ifland of Newfoundland, which stretches from the place called Cape Bonavista to the northern part of the faid ifland, and from thence running down to the western fide, reaches as far as the place called Point Riche. XXXV. And, in order to prevent any illicit trade or com merce between his Majesty's subjects in America, and the sub jects British veffels of St. Pierre jects of the crown of France in the islands of Saint Pierre and Miquelon, it is hereby further enacted by the authority aforefaid, That from and after the twenty ninth day of September, one found itandthousand seven hundred and fixty four, if any British fhip or ing into, or veffel fhall be found ftanding into, or coming out from, either coming out of those islands, or hovering or at anchor within two leagues of from the ifles the coafts thereof, or fhall be difcovered to have taken any goods and Miquelon, or merchandizes on board at either of them, or to have been or hovering, there for that purpofe; fuch fhip or veffel, and all the goods fo &c. on the taken on board there, fhall be forfeited and loft, and fhall and coafts, may be seized and profecuted by any officer of his Majefty's or with goods on board from customs; and the master or other perfon having the charge of thence, &c. fuch fhip or veffel, and every perfon concerned in taking any fuch are forfeited, goods on board, fhall forfeit treble the value thereof. together with the goods; and the master, &c. forfeits alfo treble value. on board, af XXXVI. And, to prevent the concealing any goods in false packages, or private places, on board any ship or vessel arriving at any of the British colonies or plantations in America, with intent to their being clandeftinely landed there, be it further enacted by the authority aforefaid, That from and after the twenty Concealed ninth day of September, one thoufand feven hundred and fixty goods found four, all goods which shall be found concealed in any place what- ter report foever on board any fuch fhip or veffel, at any time after the made by the mafter thereof shall have made his report to the collector or matter, other proper officer of the customs, and which shall not be com- and not com> prized or mentioned in the faid report, fhall be forfeited and prised in his loft, and fhall and may be feized and profecuted by any officer report, are forfeited; of the customs; and the mafter or other perfon having the and the macharge or command of fuch fhip or veffel (in cafe it can be made fter, being appear, that he was any wife confenting or privy to fuch fraud privy to the or concealment) fhall forfeit treble the value of the goods fo fraud, forfeits found. > treble the value. the duties are XXXVII. And it is hereby further enacted by the authority aforefaid, That from and after the twenty ninth day of Septem- If cuftomed ber, one thousand seven hundred and fixty four, if any goods or goods be eimerchandizes whatfoever, liable to the payment of duties in ther laden on any British colony or plantation in America by this or any other board, or act of parliament, shall be loaden on board any fhip or veffel landed, before outward bound, or shall be unfhipped or landed from any fhip paid, or veffel inward bound, before the refpective duties due thereon are paid, agreeable to law; or if any prohibited goods whatfo- or prohibited ever shall be imported into, or exported out of, any of the faid goods be im colonies or plantations, contrary to the true intent and meaning ported into, of this or any other act of parliament; every person who fhall out of, any of or exported be affifting, or otherwife concerned, either in the loading out- the British cowards, or in the unfhipping or landing inwards, fuch goods, or lonies in Ame to whofe hands the fame fhall knowingly come after the loading rica, the perfons or unshipping thercof, fhall, for each and every offence, forfeit concerned treble the value of fuch goods, to be estimated and computed ac- therein forfeit cording to the best price that each refpective commodity bears treble the at value; together with at the place where fuch offence was committed; and all the the boats, boats, horfes, cattle, and other carriages whatsoever, made use carriages, and of in the loading, landing, removing, carriage, or conveyance, cattle employ- of ed. of the aforefaid goods, fhall alfo be forfeited and loft, any and fhall and may be feized and profecuted, by any officer of his Majesty's customs, as herein after mentioned. Officer receiv &c. forfeits 5ool. XXXVIII. And it is hereby further enacted by the authority ing any bribe, aforefaid, That from and after the twenty ninth day of September, one thousand feven hundred and fixty four, if any officer of his Majefty's customs fhall, directly or indirectly, take or receive any bribe, recompence, or reward, in any kind whatsoever; conniving at a or connive at any false entry, or make any collufive feizure or falfe entry; making a col- agreement; or do any other act or deed whatsoever by which his lufive feizure; Majefty, his heirs or fucceffors, fhall or may be defrauded in his or guilty of or their duties, or whereby any goods prohibited shall be fufferother fraud in ed to pass either inwards or outwards, or whereby the forfeitures his office; and penalties inflicted by this or any other act of parliament relating to his Majefty's cuftoms in America may be evaded; every fuch officer therein offending fhall, for each and every offence, forfeit the sum of five hundred pounds, and be rendered incapable of ferving his Majefty in any office or employment civil or And perfons military: and if any perfon or perfons whatsoever fhall give, giving, or offer, or promise to give, any bribe, recompence, or reward, to promifing,any bribe, &c. to any officer of the customs, to do, conceal, or connive at, any fuch officer, act, whereby any of the provifions made by this or any other in order to be- act of parliament relating to his Majefty's cuftoms in America tray his truft, may be evaded or broken, every fuch perfon or perfons shall, for each and every fuch offence (whether the fame offer, propofal, or promife, be accepted or performed, or not) forfeit the fum of fifty pounds. and is difabled: forfeit sol. Clause in act 7 & 8 Will. 3. XXXIX. And whereas by an act of parliament made in the feventh and eighth year of the reign of King William the Third, intituled, An act for preventing frauds, and regulating. abufes, in the plantation trade, all governors or commanders in chief of any of his Majesty's colonies or plantations, are required to take a folemn oath, to do their utmost that all the clauses, matters, and things, contained in that act, and several other acts of parliament therein referred to, relating to the faid colonies and plantations, be punctually and bona fide obferved, according to the true intent and meaning thereof: and whereas divers other good laws have been fince made, for the better regulating and fecuring the plantation trade: be it further enactGovernors, or ed by the authority aforefaid, That all the present governors or commanders commanders in chief of any British colony or plantation fhall, before the twenty ninth day of September, one thousand seven hundred and fixty four, and all who hereafter fhall be made governors or commanders in chief of the said colonies or plantations, or any of them, before their entrance into their government, fhall take a folemn oath, to do their utmost that all the claufes, matters, and things, contained in any act of parliament heretofore made, and now in force, relating to the faid colonies in chief of the British colonies, are to take an oath for the due execution of their duty in this and all other acts re and |