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act, the defendant or defendants in fuch action or fuit, may
plead the general iffue, and give this act, and the special mat- General issue.
ter in evidence, at any trial to be had thereupon, and that the
fame was done in pursuance and by the authority of the faid act;
and if it shall appear fo to have been done, then the jury shall find
for the defendant or defendants; and if the plaintiff shall be
nonfuited, or discontinue his action, after the defendant or de-
fendants fhall have appeared; or if judgment shall have been
given upon any verdict or demurrer against the plaintiff, the de-
fendant or defendants fhall and may recover treble cofts, and Treble costs.
have the like remedy for the fame, as the defendant or defend-
ants hath or have in other cafes by law.

XXII. Provided always, and it is hereby enacted, That no Limitation of attainder of felony, by virtue of this act, thall extend to work attainder of any corruption of blood or forfeiture of any goods, chattels, felony on this lands, tenements or hereditaments.

XXIII. And it is hereby further enacted by the authority Commenceaforefaid, That this act, and the feveral claufes and provifions ment of this therein contained, fhall commence and take effect from and after act. the first day of March one thousand seven hundred and fifty

four.

CAP. VII.

An act for the more easy and speedy recovery of small debts within the borough of Boston, and Skirbeck Quarter, and the parishes of Boston and Skirbeck, in the county of Lincoln.

CAP. VIII.

An act for opening the port of Exeter for the importation of wool, and woollen yarn from Ireland,

WHEREAS the opening of the port of Exeter for the im

portation of wool, and woollen yarn from Ireland, will be of great utility and advantage to the woollen manufactures in the city of Exeter, and alfo in the neighbourhood thereof, by rendering the conveyance of those materials more easy, cheap and expeditious, and may also be a means of increafing the importation of wool, and woollen yarn from Ireland, into this kingdom: may it therefore please your noft excellent Majefty, that it may be enacted; and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the first day of June one thousand Wool, &c. seven hundred and fifty three, it shall and may be lawful for any may be im perfon or persons to import into the port of Exeter, any wool, ported from or woollen or bay-yarn, wool-fells, thortlings, mortlings, wool- Ireland into flocks, and worited-yarn, from Ireland; any act or acts of par- Exeter; liament to the contrary in any wife notwithstanding.

the port of

II. Provided always, and be it enacted by the authority afore- Under the refaid, That all fuch importations of wool, and woollen or bay- gulations. yarn, wool-fells, fhortlings, mortlings, wool-flocks, and wor

ted-yarn, from Ireland, into the fait port of Exeter, fhall be

VOL. XXI.

C

made

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made from fuch ports only, and under the same restrictions and regulations in all refpects, as wool or woollen-yarn is now by law permitted to be imported into the feveral ports of Biddeford, Barnstaple, Minehead, Bridgwater, Bristol, Milford Haven, Chefter, Liverpoole, Lancaster and Great Yarmouth, or any of them, and in the fame manner, to all intents and purposes, as if the faid port of Exeter had been particularly named for the importation of by 10&11 W, the faid goods, in an act made in the tenth and eleventh

3. C. IO.

years of the reign of the late King William the Third, (intituled, An act to prevent the exportation of wool out of the kingdoms of Ireland and England into foreign parts, and for the encouragement of the wool. len manufactures in the kingdom of England) or in any other act or acts of parliament whatfoever.

CAP. IX.

An att to explain, amend, and render more effectual an act made in the twenty third year of the reign of his present Majefty, intituled, An act for the encouragement of the British white herring fifhery; and for regulating the faid fibery according to the calendar now in ufe, and for other purposes therein mentioned.

$3 Geo.2.c.24. WHEREAS by an act made in the twenty third year of the

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reign of prefent Majefty, intituled, An act for the encouragement of the British white herring fishery, after impowering his Majesty, his heirs and fucceffors, by letters patent, under the great feal of Great Britain, to incorporate fundry perfons in the foid act named, and fuch other bodies and perfons, as in the faid act are mentioned, to be one body politick and corporate, by the name of The Society of the free British fishery, for the purpose of carrying en and improving the British white herring fisheries; it is, amongst other things, enacted, That for an encouragement to fuch perfons as fball become fubfcribers to the stock for carrying on the faid fisheries, that the fum of three pounds by the year for each hundred pounds, which shall be actually employed in the faid fishery, and proportionably for any greater or leffer fum, fhall be paid to the proprietors of the faid flock, for and during the space of fourteen years from the date of their charter, out of the customs, by the receiver general of his Majesty's customs, by equal half-yearly payments, provided that the faid fociety shall employ the fum of one hundred thousand pounds, at least, in the faid fisheries, within the space of eighteen months after the date of such fubfcription, and it is by the faid act further provided and enadied, That fuch fums as fhall bona fide be contracted to be paid within fix months, fhall be deemed employed within the fenfe and mean ing of the faid act, in cafe fo much money of the faid company as shall be fufficient to answer the faid contracts refpectively, fhall at the time of making the fame, be in the bank of England: and whereas, purJuant to the powers by the faid act given to his faid Majefty, a fociety by the name of The Society of the free British fishery, hath been inscrporated by charter, bearing date the eleventh day of October one

thousand

thousand feven hundred and fifty, and a very confiderable fum of money hath been fubfcribed and paid in towards carrying on the purposes of the faid act and charter: and whereas the faid fociety, in the carrying on the faid fishery, did actually expend within the term of eighteen months, after the date of fuch fubfcription, or bona fide contract to be paid within the term of fix months, allowed after the expiration of fuch eighteen months, the fum of one hundred thousand pounds, and upwards, and actually had in the bank of England, before the expiration of the faid eighteen months, money fufficient to answer all fuch contracts; but in regard the said society had not in the bank of England, at the respective times of making fuch contracts, money fufficient to answer the faid contracts respectively, a doubt hath arifen whether the faid fociety are, by the words of the faid act, intitled to the interest of three pounds per cent. allowed by the faid act, for such sum fo by them expended or employed in the faid fishery: and whereas, amongst other qualifications by the faid act made necessary for obtaining a licence and authority for the faid fociety's buffes or vessels to proceed on the said fishery, oath is to be made by such persons, as in the faid att mentioned, that it is their firm purpose and determined refolution, that fuch busses or vessels shall proceed either to Braffey's Sound in Shetland, and be at the rendezvous of the said fishery there, on or before the eleventh day of June, and shall not shoot or wet their nets before the thirteenth day of the faid month of June, and fhall continue fifbing as in the faid act directed, to the first day of October, or shall proceed to Campbell Town in Argyllshire, and be at the rendezvous of the faid fisheries on or before the first day of September, and shall continue fishing to the thirty first day of December, unless they fhall have fooner completed their loading of fish; which said several nominal days by the late alteration made by law, in the fupputation of time, in these kingdoms, will, for the time to come, fall eleven days earlier in the year than was intended by the faid aft: and whereas doubts have arifen whether the buffes or vessels employed by the faid fociety in the faid fisheries, are by the faid act obliged to have on board at their return into port from the faid fishery, the fame number of hands as they are by the faid act required to have on board at the rendezvous of fuch veffels; and alfo whether fuch veffels are at liberty to put into port between the intervals of the tvo fisheries, which are called the Shetland and the Yarmouth fisheries in order to change thir nets, and otherwise to prepare for the fecond fishery: and whereas it is further enacted by the faid recited act, That every bufs or vessel of the burthen of feventy tons, and defigned for the faid fishery, fhall, on her proceeding to fea, have on board one fleet of fifty nets, each net to be thirty yards full upon the rope, and seven fathoms deep, and so in proportion for any veffels of a greater or leffer tonnage, and be provided with one other fleet of fifty like nets, on board a jagger or tender to attend the faid fishery, or left on shore in a proper place for the use of such buss or vessel; which nets have been found by experience to be much too deep for the Yarmouth fibery; therefore for the putting an end to fuch doubts, and for the further and better regulating the faid fisheries, be it enacted and declared; and it is hereby enacted and declared by C 2 the

vessels

the King's most excellent Majefty, by and with the advice and content of the lords fpiritual and temporal and commons in this prefent parliament affembled, and by the authority of the The fociety fame, That the faid society are, to all intents and purposes, inintitled to 3 1. titled to have and receive the interest of three pounds by the per cent. in. tereft on the year for each hundred pounds employed in the faid fishery, and fums employ- proportionably for any greater or leffer fum, for fuch time and ed by them. term of years, and payable in fuch manner, as the faid fociety would have been intitled thereto, in cafe fo much money of the faid fociety as would have been fufficient to answer their said contracts respectively, had, at the time of making the fame, been in the bank of England; any thing in the faid act contained to the contrary thereof in any wife notwithstanding.

The oath with

ed for the ren

formable to

now in ufe.

II. And be it further enacted by the authority aforefaid, refpect to the That from henceforth the oath and oaths by the faid act requirdays appointed to be taken, with respect to the faid feveral nominal days dezvous, &c. thereby appointed, for the rendezvous of the faid fociety's buffor the focie- fes or veffels, and for the commencement and duration of the ty's veffels, to faid fisheries, thall be varied and made conformable to the cabe made con- lendar now in ufe in these kingdoms; that is to say, That the the calendar oath to be made in order to the procuring a licence to proceed on the faid fishery, thall import that it is the firm purpose and determined refolution of the perfons making fuch oath, that the bufs or veftel applying for licence and authority to proceed on the faid fishery, fhall proceed manned, furnished and accoutred, in fuch manner as by the faid recited act is required, and not otherwise altered by this prefent act, either to Braffey's Sound in Shetland, and be at the rendezvous of the faid fishery there, on or before the twenty fecond day of June, and shall not shoot or wet their nets before the twenty fourth day of the faid month of June, and hall continue fishing as in the faid act is mentioned, and not otherwise altered by this present act, unless prevented by loss of mafts or other unavoidable accidents, to the twelfth day of October, or fhail proceed to Campbell Town in Argyllshire, and be at the rendezvous of the faid fisheries on or before the twelfth day of September, and fhall continue fishing, not being prevented as aforefaid, to the eleventh day of January, unless they fhall have fooner completed their loading of fifh; and that the oath by the faid act required to be made by the respective masters of the faid buffes or veffels at their return into port for their discharge, with refpect to their having conformed. to the several days appointed by the said act for the rendezvous of fuch buffes or veffels, and for the commencement and duration of the faid fisheries, may and fhall from henceforth be varied and made conformable to the alterations made by this present act in respect of fuch feveral nominal days.

The fociety

not intitled to the bounty of 30 s. per ton,

III. And be it further enacted, and it is further enacted and declared by the authority aforefaid, That the faid society shall not be intitled to have and receive the bounty of thirty fhillings where the vef per ton by the faid act given or allowed to veffels employed in the faid fisheries, in refpect of fuch veffels as fhall return into

fel returns

with fewer

port

to have on

port at the end of the faid fishery with a lefs number of hands hands than than fuch veffel is required by the faid act to have on board at fhe is required the rendezvous of the faid fociety's veffels, unless it fhall be board. made appear that such number hath been reduced by death, or that fuch reduction is occafioned by sickness or desertion, without any default, fraud or collufion on the part of the faid fociety; Between the and also that it shall and may be lawful for the said buffes or vel intervals of fels, between the intervals of the faid Shetland and Yarmouth the veffels may fisheries, to put into any port of Great Britain of Ireland for the put into port. purpose of changing nets, and otherwife preparing for fuch Tarmouth fishery; any thing in the faid act contained to the contrary thereof in any wife notwithstanding.

the fisheries

IV. And it is further enacted and declared by the authority Second fleet aforefaid, That it shall and may be lawful for the faid fecond of nets may be fleet of nets by the faid act required to be on board a jagger or of any depth tender, or to be left on fhore for the ufe of the faid fishery as not under 5 fathoms. aforefaid, to be of any depth not under five fathoms; and that the certificate and oath by the faid recited act required to be made and taken, touching the depth of the fishing nets to be used in the said fishery, may and thall be varied and made conformable to the alterations by this prefent act permitted to be made in respect to the depth of fuch fecond fleet of nets; any thing in the faid act contained to the contrary thereof in any wife notwithstanding.

!

V. And whereas by an act made in the fifth year of the reign of his late majesty King George the First, (intituled, An act for re- 5Geo. 1. c. 18. covering the credit of the British fishery in foreign parts, and for better fecuring the duties on falt) after directing that all foreign or British salt to be used in the curing of fish for exportation fhall, on being landed, and during the intervals of the fishing feafons, be lodged in a warehouse under the lock and key of an officer for the duties on falt, as well as of the proprietor of such falt, it is enacted, That fuch officers shall, on fuch proprietors complying with certain conditions in the faid act mentioned, deliver into the sole custody of fuch proprietor, or his agent, all the faid falt for the curing of fish taken during the faid fishing feafon; and that at the end of every fishing feafon fuch officer fall take a particular account of the quantities of foreign and British falt respectively remaining in hand, which is to be imme diately locked up in fuch joint cuftody as aforefaid; and the proprietors of fuch falt, or their agents, using fuch falt as aforesaid, are by the Jaid act directed, as foon as poffible after the end of every fishing feafon, to deliver an account in writing into the office for the duty on falt in the faid act mentioned, containing the quantity of fish exported, or entered and shipped to be exported, on which the said salt taken away after its delivery into the fole cuftody of fuch proprietors, or their agents, hath been used or confumed, together with certificates by the proper officers of the several ports where the faid fish were shipped for exportation, verifying the faid account; and by the faid act a penalty of twenty fillings is laid on fuch proprietors of falt, or their agents, for every bushel of fait jo taken out, which shall not be accounted for in the manner therein before, or otherwife, as in the faid act men

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