Page:Ruffhead - The Statutes at Large - vol 3.djvu/667

 A. D. 1696. Anno fcptinio 8c od:avo Gulielmi III. G. 22. 611 faid Office or Employment, fhall within two Montlis, or as'foon as conveniently it may be. after his or their Entrance upon the faid Office or Employment, give fufficient Security to the Conimiihoners of the Cuftoms as aforefaid, for His Majefly's Ulc, for the true and faithful Performance of his or their Duly; and in Default thereof, the Perfon or Perfons neglecting or refufing to give fuch Security, fliall be difablcd to execute the faid OfHce or Employment; and ^jntil fuch Security given, and the Perfon appointed to the faid Office or Employment be approved by the Commiffioners of the Cuttoms as aforefaid, the re- fpeftive Goveinor or Governors ihall be anfwerable for any the Offences, Ncgledts or Mildemeanors, of .nJ'Jr'imirbel'i! the Perfon or Perfons fo by him or them appointed. _ fworablc" ■ VI. And for the more effectual preventing of Frauds, and regulating Abufes in the Plantation Trade ships comingin- in America.) be it further cna£i:ed by the Authority aforefaid. That all Ships coming into, or going out of, to. or,oinj »ut any of the faid Plantations, and lading or unlading any Goods or Commodities, whether the fame be ti%r't%« Parliament made in the fourteenth Year of the Reign of King Charles the Second, intituled. An Ail for And officers of preventing Frauds, and regulating Abufes in His Majejifs Cujioms : And that the Officers for collecting and the Revenue managing His Majelty's Revenue, and infpefting the Plantation Trade, in any of the faid Plantations, fhall there to have the have the fame Powers and Autliorities, for viliting and fearching of Ships, and taking their Entries, and q^^^ s''ot'^'t'" for feizing and fecurin^or bringing on Shore any of the Goods .prohibited to be imported or exported into CuftomsinEng- or out of any the faid Plantations, or for which any Duties are payable, or ought to have been paid, by Und. any of the before mentioned Adls, as are provided for the Officers of the Cuftoms in England by the faid laft mentioned Aft made in the fourteenth Year of the Reign of King Charles the Second, and alfo to enter Houfes or Warehoufes, to fearch for and feize any fuch Goods; and that all the Wharfingers, Penalty on and Owners of Keys and Wharfs, or any Lightermen, Bargemen, Watermen, Porters, or other Perfons I "^r|J^"/' affifting in the Conveyance, Concealment or Refcue of any of the faid Goods, or in the hindring or Refift- concealment' "r ance of any of the faid Officers in tire Performance of their Duty, and the Boats, Barges, Lighters or Refcue of Goods, other Veffels employed in the Conveyance of fuch Goods, fhall be fubjefl: to the like Pains and Penalties as are provided by the fame Aft made m the fourteenth Year of the Reign of King Charles the Second, in relation to prohibited or uncuftomed Goods in this Kingdom; and that ^e like Afiiftan ce fliall be given Afliftance tn be to the faid Officers in the Execution of their Office, as by the faid laft mentlonecl ift is provided for the given the Offi- Officers in England; and alfo that the faid Officers (hall be fubjeft to the fame Penalties and Forfeitures, «rs, andomcers for any Corruptions, Frauds, Connivances, or Concealments, in Violation of any the before mentioned ^ J^ p/n^ai^tles Laws, as any Officers of the Cuftoms in England are liable to, by virtue of the iaid laft mentioned Aft; as by 13 & 14. and alfo that in cafe any Officer or OfUcers in the Plantations fnall be fued or molefted for any thing done Car. 2. c. n. in the Execution of their Office, the faid Officer fliall and may plead the General M'ue, and Ihall give this Genera! liTue. or other Cuftom Afts 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 Majefty's Cuftoms in England. ^^ VIL And it is hereby further enafted. That all the Penalties and Forfeitures before mentioned, not in One third of the this Aft partieularly difpofed of fhall be one third Part to thte Ufe of His Majefty, His Heirs and Succef- Forfeitures to Le fors, and one third Part to the Governor of the Colony or Plantation where the OfFence fhall be com- ano|'j^J^,'"th mitted, and the other third Part to fuch Perfon or Perfons as fhall fue for the fame, to be recovered in any Gortrnor of the of his Majefty's Courts at IVcftminJler., or in the Kingdom of Ireland.; or in the Court of Admiralty held Plantation, and in His Majefty's Plantations rifpeftively, where fuch Oilence fhall be committed, at the Pleafure of the the other to the Officer or Informer, or in any other Plantation belonging to any Subjeft of England, wherein no EfToin, Pfo'etutor. > Proteftion, or Wager of Law, fhall be allowed; and that where any Queftion ihall arife concerning the i Importation or Exportation of any Goods into or out of the faid Plantations, in iuch Cafe the Proof fhail Proof to lie on lie upon the Owner or Claimer, and the Claimcr fhall be reputed the Importer or Owner thereof. the Owner. ' Viri. And whereas in fome of His Majefty's American Plantations, a Doubt or Mifconftruftion has arifen ■ ' upon the before mentioned Aft, made in the five and twentieth Year of the Reign of King Charles i5Car. 2. c. 7. I ' the Second, whereby certain Duties are laid upon the Commodities therein enumerated (which by Law ! ' may be tranfported from one Plantation to another for the Supply of each others Wants) as if the fame I ' were by the Payment of thofe Duties in one Plantation, difcharged from giving the Securities intended TCo Goods to be 1 ' by the aforefaid Afts, made in the twelfth, two and twentieth, and three and twentieth Years of the ihipped thougK 1 *. Reign of King Charles the Second, and confequently be at Liberty to go to any foreign Market in '^""'^^p^"'.^" I ' Europe, without coming to England, Wales or Berwick :' It is hereby further enafted and declared. That '1"'' P'^"'""'"'?, ■in i- in /- L r r J r^ ■ ■ r i /■ -11-11 • ,- 1 r ■ lV^ 1 until Security be ' notwithitandmg the Payment ot the atorelaid Unties in any or the laid rlantations, none of the laid Goods g.ven asrejmred i Ihall be fhi ped or laden on board, until fuch Security fhall be given as is required by the faid Afts, made by 12 Car. "2. i cond, to carry the fame to England, 14 ales or Berwick, or to fome other of His Majefty's Plantations, and fo c^r^"^- -6. I toties quoties, as any of the faid Goods fliall be brought to be re-fhipped or laden in any of, the faid Plan- ijy'a'^id Goods j tations, under the Penalty and Forteiture of Ship and Goods, to be divided and difpofed of as aforefaid. 1 IX. And it is further enafted and declared by the Autliority aforefaid, 'Fhat all Laws, Jjy-l.iws, Uihges Laws, By-law«, or Cuftoms, at this Time, or which hereafter Ihall be in Praftice, or endeavoured or pretended to be in i:c. of Planta- Torce or Praftice, in any of the faid Plantations, v/hich are in any v/ife repugnant to the before raentioncd <"", rcpugrtaiit Laws, or any of them, fo i'ar as they do relate to the fiid Plantations, or any of them, or which.- are any J"^'^ ■'^^' "^ ways reput;nr'.it to il-.i picfent Aft, or to r.ny other Law hereafter to be made in this Kingdom, fo far as ° ^"'°* fuch Law iiuili reiart. .; r,a.j mention the faid Plantations, are illegal, null and void, to ail Intents and Pur- pofes whacibever. 4 I 2 ' 'X. And
 * in the twelfth, two and twentieth, and ihree and twentieth Years of the Reign of King Charlhs the Se- <=■ -^ & 22 623