or upon contract with them, in bringing only masts, timber and other naval stores for the King's service from his Majesty's Colonies or Plantations to this Kingdom, to be navigated as aforesaid, and whereof the property doth belong to English men) under pain of forfeiture of ship and goods; one third part whereof to be to the use of his Majesty, his heirs and successors, one third part to the Governor of the said Colonies or Plantations, and the other third part to the person who shall inform or sue for the same, by bill, plaint or information, in any of his Majesty's Courts of Record at Westminster, or in any Court in his Majesty's Plantations, where such offence shall be committed.

III. And be it further enacted by the Authority aforesaid, That (from and after the said five-and-twentieth day of March) goods or merchandizes may be exported or imported to and from this Kingdom, the Colonies, Plantations and places aforesaid, in any such ships as are or shall be taken as prize, and whereof condemnation shall be made in one of the Courts of Admiralty aforesaid, and shall be navigated as aforesaid, by the master, three fourths of the mariners English, and whereof the property shall belong to English men, and also masts, timber, and other naval stores for his Majesty's service, for the space of three years, may be imported from his Majesty's Colonies or Plantations to this Kingdom, in such foreignbuilt ships as shall be employed by the Commissioners of the navy for the time being, or by contract with them; any law or statute to the contrary notwithstanding.

"IV. And whereas by one Clause in the said Act passed in the twelfth year of the reign of the late King Charles the Second, intituled, An Act for the encouraging and increasing of Shipping and Navigation, all Governors of his Majesty's Colonies or Plantations in Asia, Africa, or America, are required to take a solemn oath to do their utmost that every the Clauses therein before mentioned, and all the matters and things therein contained, shall be punctually and bona fide observed according to the true intent and meaning thereof, so that the said Governors are not strictly obliged by that oath to put in execution the subsequent Clauses of the said Act, although some of the Clauses following are of great importance, and tend greatly to the security of the Plantation trade: And whereas divers other good laws have been made for the better regulating and securing the Plantation trade since the last mentioned Act; " be it further enacted by the authority aforesaid, That all the present Governors and Commanders in Chief of any English Colonies or Plantations, shall, before the five and twentieth day of March one thousand six hundred and ninety-seven, and all who hereafter shall be made Governors or Commanders in Chief of the said Colonies or Plantations, or any of them, before their entrance into their government, shall take a solemn oath to do their utmost, that all the clauses, matters and things, contained in the before recited Acts of Parliament heretofore passed, and now in force, relating to the said Colonies and Plantations, and that all and every the clauses contained in this present Act, be punctually and bona fide observed, according to the true intent and meaning thereof (which oath shall be taken before such person or persons as shall be appointed by his Majesty, his heirs and successors, who are hereby authorized to administer the same) so far as appertains unto the said Governors or Com

manders in Chief respectively; and upon complaint and proof made before his Majesty, his heirs and successors, or such as shall be by him or them thereunto authorized and appointed, by the oath of two or more credible witnesses, that any the said Governors or Commanders in Chief have neglected to take the said oath at the times aforesaid, or have been wittingly or willingly negligent in doing their duty accordingly, the said Governor so neglecting or offending shall be removed from his government, and forfeit the sum of one thousand pounds sterling.

"V. And whereas by the said Act of the fifteenth of King Charles the Second, intituled, An Act for the Encouragement of Trade, the Governors of the Plantations are impowered to appoint an officer for the performance of certain things in the said Act mentioned, which said officer is there commonly known by the name of the Naval Officer: And whereas through the connivance or negligence of the persons so appointed by the Governors of the said plantations, divers frauds and abuses are or have been committed; " Be it therefore enacted by the Authority aforesaid, That all and every the said officers already appointed shall, within two months after notice of this Act in the respective Plantations, or as soon as conveniently it may be, give security to the Commissioners of the Customs in England for the time being, or such as shall be appointed by them, for his Majesty's use for the true and faithful performance of their duty; and all and every person or persons, who shall hereafter be appointed to the said office or employment, shall within two months, or as soon as conveniently it may be, after his or their entrance upon the said office or employment, give sufficient security to the Commissioners of the customs as aforesaid, for his Majesty's use, for the true and faithful performance of his or their duty; and in default thereof, the person or persons neglecting or refusing to give such security, shall be disabled to execute the said office or employment; and until such se

522

curity given, and the person appointed to the said office or employment be approved by the Commissioners of the Customs as aforesaid, the respective Governor or Governors shall be answerable for any of the offences, neglects or misdemeanors, of the person or persons so by him or them appointed.

VI. And for the more effectual preventing of frauds, and regulating abuses in the Plantation trade in America, be it further enacted by the authority aforesaid, That all ships coming into, or going out of, any of the said Plantations, and lading or unlading any goods or commodities, whether the same be his Majesty's ships of war, or merchant ships, and the masters and commanders thereof, and their ladings, shall be subject and liable to the same rules, visitations, searches, penalties and forfeitures, as to the entering, lading or discharging their respective ships and ladings, as ships and their ladings, and the commanders and masters of ships, are subject and liable unto in this Kingdom, by virtue of an Act of Parliament made in the fourteenth year of the reign of King Charles the Second, intituled, An Act for preventing Frauds, and regulating Abuses in his Majesty's Customs: And that the officers for collecting and managing his Majesty's revenue, and inspecting the Plantation trade, in any of the said Plantations, shall have the same powers and authorities, for visiting and searching of ships, and taking their entries, and for seizing and securing or bringing on shore any of the goods prohibited to be im

ported or exported into or out of any of the said Plantations, or for which any duties are payable, or ought to have been paid, by any of the before mentioned Acts, as are provided for the officers of the Customs in England by the said last mentioned Act made in the fourteenth year of the reign of King Charles the Second, and also to enter houses or warehouses, to search for and seize any such goods; and that all the wharfingers, and owners of keys and wharfs, or any lightermen, bargemen, watermen, porters, or other persons assisting in the conveyance, concealment or rescue of any of the said goods, or in the hindring or resistance of any of the said officers in the performance of their duty, and the boats, barges, lighters or other vessels employed in the conveyance of such goods, shall be subject to the like pains and penalties as are provided by the same Act made in the fourteenth year of the reign of King Charles the Second, in relation to prohibited or uncustomed goods in this Kingdom; and that the like assistance shall be given to the said officers in the execution of their office, as by the said last mentioned Act is provided for the officers in England; and also that the said officers shall be subject to the same penalties and forfeitures, for any corruptions, frauds, connivances, or concealments, in violation of any the before mentioned laws, as any officers of the Customs in England are liable to, by virtue of the said last mentioned Act; and also that in case any officer or officers in the Plantations shall be used or molested for any thing done in the execution of their office, the said officer shall and may plead the General Issue, and shall give this or other Custom Acts in evidence, and the Judge to allow thereof, have and enjoy the like privileges and advantages, as are allowed by law to the officers of his Majesty's Customs in England.

VII. And it is hereby further enacted, That all the penalties and forfeitures before mentioned, not in this Act particularly disposed of shall be one third part to the use of his Majesty, his heirs and successors, and one third part to the Governor of the Colony or Plantation where the offence shall be committed, and the other third part to such person or persons as shall sue for the same, to be recovered in any of his Majesty's Courts at Westminster, or in the Kingdom of Ireland, or in the Court of Admiralty held in His Majesty's Plantations respectively, where such offence shall be committed, at the pleasure of the officer or informer, or in any other Plantation belonging to any subject of England, wherein no essoin, protection, or wager of law, shall be allowed; and that where any question shall arise concerning the importation or exportation of any goods into or out of the said Plantation, in such case the proof shall lie upon the owner or claimer, and the claimer shall be reputed the importer or owner thereof.

"VIII. And whereas in some of His Majesty's American Plantations, a Doubt or misconstruction has arisen upon the before mentioned Act, made in the five and twentieth year of the reign of King Charles the Second, whereby certain duties are laid upon the commodities therein enumerated (which by law may be transported from one Plantation to another for the supply of each others wants) as if the same were by the payment of those duties in one Plantation, discharged from giving the securities intended by the aforesaid Acts, made in the twelfth, two and twentieth, and three and twentieth years of the reign of King Charles the Second, and conse

quently be at liberty to go to any foreign market in Europe, without coming to England, Wales or Berwick." It is hereby further enacted and declared, that notwithstanding the payment of the aforesaid duties in any of the said Plantations, none of the said goods shall be shipped or laden on board until such security shall be given as is required by the said Acts, made in the twelfth, two and twentieth, and three and twentieth years of the reign of King Charles the Second, to carry the same to England, Wales, or Berwick, or to some other of his Majesty's Plantations, and so toties quoties, as any of the said goods shall be brought to be re-shipped or laden in any of the said Plantations, under the penalty and forfeiture of ship and goods, to be divided and disposed of as aforesaid.

IX. And it is further enacted and declared by the authority aforesaid, That all laws, by-laws, usages or customs, at this time, or which hereafter shall be in practice, or endeavoured or pretended to be in force or practice, in any of the said Plantations, which are in any wise repugnant to the before mentioned laws, or any of them, as far as they do relate to the said Plantations, or any of them, or which are any ways repugnant to this present Act, or to any other law hereafter to be made in this Kingdom, so far as such law shall relate to and mention the said Plantations, are illegal, null and void, to all intents and purposes whatsoever.

523

"X. And whereas great frauds and abuses have been committed by Scotch men and others in the Plantation trade, by obtruding false and counterfeit certificates upon the Governor and officers in the Plantations appointed by His Majesty's Commissioners of the Customs in England, of having given security in this Kingdom to bring the ladings of Plantation goods to England, Wales, or town of Berwick upon Tweed, as also certificates of having discharged their lading of Plantation goods in this Kingdom, pursuant to securities taken in the Plantation, and also Cocquets or certificates of having taken in their ladings of European goods in England, Wales, or Berwick; by means whereof they may carry the goods of Scotland, and other places of Europe, without shipping or lading the same in England, Wales, or Berwick, to His Majesty's Plantations, and also carry the goods of the Plantations directly to Scotland, or to any other market in Europe, without bringing the same into England, Wales, or town of Berwick upon Tweed:" It is hereby further enacted, that in such cases where the Governor or officers appointed by the Commissioners of the Customs in the Plantations shall have reasonable ground of suspicion that such certificates are false or counterfeit (that is to say) that the certificate of having given security in England is false, in such case the governor or of ficers appointed by the Commissioners of the Customs, shall require and take sufficient security there for the discharge of the Plantation lading in England, Wales, or town of Berwick upon Tweed: and in such case where there shall be cause to suspect, that the certificate of having discharged her lading of Plantation goods in this Kingdom is false or counterfeit, the Governor or officers aforesaid shall not cancel or vacate the security given in the Plantation, until he or they shall be informed from the Commissioners of the Customs in England that the matter of the said certificate is true; and if any person or persons shall counterfeit, rase or falsify any cocket, certificate, return or permit, for any vessel or goods, or shall knowingly or willingly make

use thereof, such person or persons shall forfeit the sum of five hundred pounds, to be recovered and disposed of as aforesaid, and the cocket, certificate, return or permit so counterfeited, raised or falsified, shall be invalid, and of no effect.

XI. And for the better executing the several Acts of Parliament relating to the Plantation trade, be it enacted by the authority aforesaid, That the Lord Treasurer, Commissioners of the Treasury, and the Commissioners of the Customs in England for the time being, shall and may constitute and appoint such and so many officers of the Customs in any city, town, river, port, harbor or creek, of or belonging to any of the islands, tracts of land and proprieties, when and as often as to them shall seem needful; be it also further enacted, That upon any actions, suits and informations that shall be brought, commenced or entered in the said plantations upon any law or statute concerning His Majesty's duties, or ships or goods to be forfeited by reason of any unlawful importations or exportations, there shall not be any jury, but of such only as are natives of England or Ireland, or are born in His Majesty's said plantations, and also that upon all such actions, suits and informations, the offences may be laid or alleged to be in any Colony, province, county, precinct or division of any of the said plantations where such offences are alleged to be committed, at the pleasure of the officer or informer.

XII. Provided always, That all places of trust in the Courts of Law, or what related to the Treasury of the said Islands, shall, from the making of this Act, be in the hands of the native-born subjects of England or Ireland, or of the said Islands.

"XIII. And whereas by the said Act made in the two and twentieth and three and twentieth years of the rein of his said late Majesty King Charles the Second, the bonds required to be given in the plantations by virtue of the said Act, for encouraging and increasing of shipping and navigation, are altered, and the word Ireland to be left out of the condition of all such bonds; and by the said Act it is enacted and provided, That for such ships or vessels coming from other ports or places, to any of the said plantations, which by the said Act for encouraging and increase of shipping were permitted to trade there, the Governors of such English plantations should, before the said ship or vessel should be permitted to load on board any of the commodities in the said Act particularly mentioned, take bond in manner and to the value mentioned and directed in the above mentioned Act for encouraging and increase of shipping and navigation, for each respective ship or vessel, that such ship or vessel shall carry all the aforesaid goods, that should be laden on board in the said ship, to some other of his Majesty's English plantations, or to England, Wales, or town of Berwick upon Tweed: But because no provision hath hitherto been made for the returning and producing certificates within some reasonable limited time, of the landing and discharging such goods, according to the condition of the said bonds, and also because many times it hath happened, that the sureties taken in the said bonds have been persons not resident in the said plantations, but of uncertain and unknown abodes, the said bonds have proved ineffectual to the good purposes intended by the said Acts; " Be it therefore enacted by the authority aforesaid, That in all such bonds, to be hereafter given or taken in the said plantations, the sureties therein named shall be persons of known residence and