cer and person fo offending fhall fuffer death as in cafes of felony, without benefit of clergy.

XVIII. And be it further enacted by the authority aforefaid, Perfons conThat if any person or perfons fhall knowingly or wilfully con- cealing or clandeftinely ceal from the officers of quarentine, or thall clandeftinely conconveying letvey any letters, goods, wares or merchandizes from any fhip ters or goods under quarentine, or liable to perform quarentine, by any fuch from any ship order to be made as aforefaid, or from any lazaret or other place under quarenwhere goods fhall be performing quarentine, every fuch perfon tine, or from any lazaret, to fo offending fhall fuffer death, as in cafes of felony, without fuffer death. benefit of clergy.

which fhall be

XIX. And whereas it is notorious, that notwithstanding the many good laws made to prevent the clandeftine importation of cuftomable and prohibited goods and merchandizes, a pernicious trade of that kind is still carried on, for the most part in open boats or vessels of fmall burthen, which privately and in the night put into creeks and fecret places on the coaft, thereby efcaping the obfervation of the offi cers of the customs, which practices may prove highly detrimental to the fafety of thefe kingdoms during a time of infection; for prevention thereof, be it enacted by the authority aforefaid, That During the inwhen any part of Great Britain, Ireland, or the isles of Guernsey, fection in the Ferfey, Alderney, Sark or Man, or France, Spain, Portugal or places herein mentioned, the Low Countries, fhall be infected with the plague, it fhall and fmall veffels may be lawful to and for his Majefty, his heirs and fucceffors, to give fecuri. by his or their proclamation to prohibit and restrain all small ty not to touch boats and veffels, under the burthen of twenty tons, from fail- at any country ing or paffing out of any port or place of Great Britain or Ireland, mentioned in or the ifles of Guernsey, Jersey, Alderney, Sark and Man, or any a proclamaof them, until fecurity be firft given by the matter of every fuch tion. boat or veffel respectively, to the fatisfaction of the principal officer of the customs, or the chief magiftrate of the port or place from whence fuch boat or veffel fhall fail, by bond taken to the King, his heirs or fucceffors, with fufficient fureties, in the penalty of three hundred pounds, with condition that if fuch boat or veffel fhall not go to, or touch at any country, port or place to be mentioned for that purpose in fuch proclamation; and if the mafter or other perfon having charge of such boat or veffel, and all and every mariner and mariners, paffenger and paffengers going in fuch boat or veffel thall, during the time aforefaid, not go on board any other fhip or veffel at sea, and if fuch mafter or other perfon having charge of fuch boat or veffel fhall not permit or fuffer any perfon or perfons to come on board fuch boat or veffel at fea from any other fhip or veffel, and fhall not, during the time aforefaid, receive any goods and merchandizes whatsoever out of any other thip or veffel, then fuch bond shall be void, or to fuch effect; for the making of which veffels failing bond no fee or reward whatsoever shall be taken; and in cafe without fuch any boat or veffel for which fuch fecurity fhall be required by fecurity to be fuch proclamation, fhall fet fail or pass out of any port or place forfeited; of Great Britain or Ireland, or the islands of Guernsey, Jersey, Alderney, Sark and Man, or any of them refpectively, before fuch

fecurity

and crew to forfeit 201.

fecurity be given as aforefaid, every fuch boat or veffel fo failing or paffing out of any port or place, contrary to the true intent and meaning of this act, together with her tackle, apparel and furniture, fhall be forfeited to the King, his heirs and fucceffors, and fhall and may be feized, fued for, and recovered in his Majefty's court of exchequer at Westminster, Edinburgh or Dublin, or in the proper courts of the ifles of Guernsey, Jersey, Alderney, Sark or Man refpectively, to the ufe of his Majefty, his and the mafter heirs and fucceffors; and the mafter of, and every mariner failing in any fuch boat or veffel, being thereof lawfully convicted upon his or their appearance or default, upon the oath or oaths of one or more credible witnefs or witneffes, by one or more justice or justices of the peace where fuch offender fhall be found (which oath fuch juftice or juftices of the peace are hereby impowered and required to adminifter) fhall forfeit the fum of twenty pounds; one moiety thereof to the informer, the other moiety to the poor of the parish where fuch offender fhall be found; the fame to be levied by diftrefs and fale of the offender's goods, by warrant under the hand and feal or the hands and feals of fuch juftice or juftices before whom fuch offender fhall be convicted as aforefaid; and for want of fufficient diftrefs, every fuch offender fhall by fuch justice or justices be committed to prison, there to remain without bail or mainprize for the space of three months; and in cafe any fuch offender fhall be found in any of the faid ifles of Guernsey, Jersey, Alderney, Sark or Man, and fhall be lawfully convicted of fuch offence in any action or fuit to be founded on this act, in the proper court of any of the faid ifles where he shall be fo found, fuch offender shall forfeit the fum of twenty pounds, one moiety thereof to the informer, and the other moiety to the poor of the parish or place where fuch offender fhall be found; and in default of paying fuch pe nalty fhall fuffer imprisonment without bail or mainprize for the fpace of three months.

Orders concerning quarentine to be

read in

ohurches, &c.

XX. And, to the end that all perfons may know how to demean themselves in the premiffes, be it further enacted by the authority aforefaid, That when and as often as his Majesty, his heirs or fuccceffors, fhall make any order or orders concerning quarentine, and the prevention of infection, and notify the fame by proclamation, or caufe the fame to be published in the London Gazette, as aforefaid; fuch proclamation, or order or orders in council, as aforefaid, thall be publickly read upon the next Sunday on which divine fervice fhall be performed after the receipt of the fame, and the first Sunday in every month afterwards (during the time fuch orders thall continue in force) immediately after the prayers in all parish churches, and other places fet apart for divine worship, within fuch counties and places as fhall be specified for that purpofe in fuch proclamation or orders refpectively.

XXI. And be it further enacted by the authority aforefaid, That if any action or fuit fhall be commenced against any perfon or perfons for any thing done in pursuance of this present

act,

act, the defendant or defendants in fuch action or fuit, may plead the general issue, 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 purfuance and by the authority of the faid act; and if it fhall appear fo to have been done, then the jury shall find for the defendant or defendants; and if the plaintiff fhall be nonfuited, or difcontinue his action, after the defendant or defendants fhall have appeared; or if judgment fhall have been given upon any verdict or demurrer against the plaintiff, the defendant or defendants fhall and may recover treble cofts, and Treble costs. have the like remedy for the fame, as the defendant or defendants 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, hall extend to work attainder of any corruption of blood or forfeiture of any goods, chattels, felony on this lands, tenements or hereditaments.

act.

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 eafy and fpeedy 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.

7HEREAS the opening of the port of Exeter for the importation of wool, and woollen yarn from Ireland, will be of great utility and advantage to the woolien manufactures in the city of Exeter, and alfo in the neighbourhood thereof, by rendering the conveyance of thofe materials more eafy, cheap and expeditious, and may alfo be a means of increafing the importation of wool, and woollen yarn from Ireland, into this kingdom: may it therefore please your most excellent Majefty, that it may be enacted; and be it enacted by the King's most excellent majesty, 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. feven hundred and fifty three, it fhall and may be lawful for any may be im perfon or perfons 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 worfted-yarn, from Ireland; any act or acts of par- Exeter; the port of liament to the contrary in any wife notwithstanding.

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 faid port of Exster, thall be

VOL. XXI.

с

made

made from fuch ports only, and under the fame reftrictions 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, Chester, 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 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 woollen manufactures in the kingdom of England) or in any other act or acts of parliament whatsoever.

3. C. 10.

CAP. IX.

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

21Geo.2.c.24. WHEREAS by an act made in the twenty third year of the reign of his prefent Majefty, intituled, An act for the encouragement of the British white herring fifhery, after impowering his Majefly, his heirs and fucceffors, by letters patent, under the great feal of Great Britain, to incorporate fundry perfons in the faid act named, and fuch other bodies and perfons, as in the faid att are mentioned, to be one body politick and corporate, by the name of The Society of the free British fishery, for the purpofe of carrying en and improving the British white herring fifberies; it is, among t other things, enacted, That for an encouragement to fuch perfons as fall 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 Majefly's cuftoms, by equal half-yearly payments, provided that the faid fociety fhall employ the fum of one hundred thousand pounds, at least, in the faid fisheries, within the space of eighteen months after the date of fuch fubfcription; and it is by the faid aft further provided and enafted, That fuch fums as fhall bona fide be contracted to be paid within fix months, fhall be deemed employed within the fenfe and meaning of the faid act, in cafe fo much money of the faid company as shall be fufficient to answer the faid contracts respectively, shall at the time of making the fame, be in the bank of England: and whereas, purfuant 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 incorporated by charter, bearing date the eleventh day of October one

thousand

thousand feven hundred and fifty, and a very confiderable fum of mo ney 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 faid fociety had not in the bank of England, at the respective times of making fuch contracts, money fufficient to answer the faid contracts refpectively, a doubt hath arifen whether the faid fociety are, by the words of the faid act, intitled to the intereft of three pounds per cent, allowed by the faid act, for fuch fum fo by them expended or employed in the faid fishery: and whereas, amongst other qualifications by the faid act made necessary for obtain ing a licence and authority for the faid fociety's buffes or vessels to proceed don the faid fishery, oath is to be made by fuch perfons, as in the faid act 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 faid 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 shall continue fifhing 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 fifhing to the thirty first day of December, unless they shall have fooner completed their loading of fish; which faid feveral nominal days by the late alteration made by law, in the fupputation of time, in thefe kingdoms, will, for the time to come, fall eleven days earlier in the year than was intended by the faid act: and whereas doubts have arifen whether the buffes or veffels 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 also whether fuch vessels are at liberty to put into port between the intervals of the two fisheries, which are called the Shetland and the Yarmouth fisheries in order to change thir nets, and otherwife to prepare for the fecond fishery: and whereas it is further enacted by the faid recited act, That every buss or vessel of the burthen of feventy tons, and defigned for the faid fibery, 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 Jeven 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 fibery, or left on shore in a proper place for the use of fuch buss or vessel; which nets have been found by experience to be much too deep for the Yarmouth fishery; 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