Page:Ruffhead - The Statutes at Large - vol 3.djvu/668

 Officers rLifpcfl- ihg Cerlilicatc, to take Security for Di [charge of the Plantation Lading, and not to cancel Certl- iicatetillinform- cd of the Truth. penalty or Per- fons counterfeit- ing Cockets, Sec. Treafury and Commiilionets of Cuftoms may appoint Officers in any Town, Port,&c, in the Id.indsj &c. 3f Aflions brought in Plan- tations, Jury to be Natives of Ent,lancl, Ireland or Plantaiions. Offence to be laid in aiiy Colony, Places of Truft tn be in the Hands of the Natives. 612 C. 22. Anno feptlmo & adavo Gulielmi III. A. D. 1696. ' X. And whereas great Frauds and Abufes have been committed by Scotch Men and others in the Plan- tation Trade, by obtruding t'alfe and counterfeit Certificates upon the Governor and Officers in the Plan- tations appointed by His Majefty's Commiffioners of the Cuftoms in England, of having given Security in this Kingdom to bring the Ladings of Plantation Goods to England, Wales, or Town of Berwick up- on Tiveed, as alfo Certihcates of having difcharged fheir Lading of Plantation Goods in this Kingdom, purfuant to Securities taken in the Plantation, and alfo 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 fhipping or lading the fame in England, Wales or Ber- wick, to His Majefty's Plantations, and alfo carry the Goods of the Plantations direflly to Scotland, or to any other Market in Europe, without bringing the fame into England, Wales, or Town of Berwick u^onTiveed :' It his hereby further enafted, That in fuch Cafes where the Governor or Officers ap- pointed by the Commiffioners of the Cuftoms in the Plantations fliall have reafonable Ground of Suf- picion that fuch Certificates are falfe or counterfeit (that is to fay) that the Certificate of having given Se- curity in England is falfe, in fuch Cafe the Governor or Officers appointed by the Commiffioners of the Cuftoms, {hall require and take fufficient Security there for the Difcharge of the Plantation Lading in Eng- land, Wales, or Town of Bertuick upon Tivecd : and in fuch Cafe where there (hall be caufe to fufpedi:, that the Certificate of having difcharged her Lading of Plantation Goods in this Kingdom is falfe or coun- terfeit, the Governor or Officers aforefaid fhall not cancel or vacate the Security given in the Plantation, until he or they fhall be informed from the Commiffioners of the Cuftoms in Eiigland that the Matter of the faid Certificate is true ; and if any Perfon or Perfons fhall counterfeit, rafe or falfify any Cocket, Certifi- cate, Return or Permit, for any Vefiel or Goods, or fhall knowingly or willingly make Ufe thereof, fuch Perfon or Perfons fhall forfeit the Sum of five hundred Pounds, to be recovered and difpofed of as afore- faid, and the Cocket, Certificate, Return or Permit fo counterfeited, rafed or falfified, fhall be invalid, and of no EflJecSt. XL And for the better executing the feveral Afts of Parliament relating to the Plantation Trade, be it enacSed by the Authority aforefaid. That the Lord Treafurer, Commiffioners of the Treafury, and the Commiffioners of the Cuftoms in England for the time being, fhall and may conftitute and appoint fuch and fo many Officers of the Cuftoms in any City, Town, River, Port, Harbour or Creek, of or belong- ing to any of the Iflands, Tracts of Land and Proprieties, when ^nd as often as to them fhall feem need- ful ; be it further alfo enadlcd. That upon any Actions, Suits and Informations that fhall be brought, commenced or entred in the faid Plantations, upon any Law or Statute concerning His Majefty's Duties, or Ships or Goods to be forfeited by reafon of any unlawful Importations or Exportations, there fhall not be any Jury, but of fuch only as are Natives of England or Ireland, or are born in his Majefty's faid Plan- tations ; and alfo that upon all fuch Aftions, Suits and Informations, the Ofi^ences may be laid or alledged to be in any Colony, Province, County, Precinft or Divifion of any of the faid Plantations where fuch Offences are alledged to be committed, at the Pleafure of the Officer or Informer. XII. Provided always. That all Places of Truft in the Courts of Law, or what relates to the Treafury of the faid Iflai#s, fhall, from the making of this Adl, be in the Hands of the native-born Subjects of England or Ireland, or of the faid Iflands. ' XIII. And whereas by the faid AiSt made in the two and twentieth and three and twentieth Years of ' the Reign of his faid late Majefty King Charles the Second, the Bonds required to be given in the ' Plantatations by virtue of the faid Aft, for encouraging and inereafing of Shipping and Navigation, are ' is enabled and provided, That for fuch Ships or VefTels coming from other Ports or Places, to any of the ' faid Plantations, which by the faid A£t for encouraging and Increafe of Shipping were permitted to trade ' there, the Governors of fuch Englijh Plantations fhould, before the faid Ship or Veflel fhould be permitted ' to load on board any of the Commodities in the faid Aft particularly mentioned, take Bond in Manner ' and to the Value mentioned and direfted in the above mentioned Aft for encouraging and Increafe of Ship- ' faid Goods, that fhould be laden on board in the faid Ship, to fome other of His Majefty's Englijh Plan- ' tations, or to England, Wales, or Town of Berivick upon Tiveed : But becaufe no Provifion hath hitherto' ' been made for the returning and producing Certificates within fome reafonable limited Time, of the land- ' ing and difcharging fuch Goods, according to the Condition of the faid Bonds, and alfo becaufe many ' Times it hath happened, that the Sureties taken in the faid Bonds have been Perfons not refident in th«' ' faid Plantations, but of uncertain and unknown Abodes, the faid Bonds have proved kiefFeftual to the ' good Purpofes intended by the faid Afts ;' Be it therefore enafted by the Authority aforefaid. That in' all fuch Bonds, to be hereafter given or taken in the faid Plantations, the Sureties therein named fliall be Perfons of known Refidence and Ability in the faid Plantations, for the Value mentioned in the faid Bonds, and that the Condition of the faid Bonds fhall be, within eighteen Months after the Date thereof (the Dan- ger of the Seas excepted) to produce Certificate of having landed and difcharged the Goods therein men- tioned, in one of his Majefty's faid Plantations, or in England, Wales, or Berwick upon Tweed ; otherwife fuch Bond, or Copies thereof, being attefted under the Hand and Seal of the Governor or Commander in- Chief to whom fuch Bonds were given, fliall be in Force, and allowed of in any Court in England, Ire- land, or the Plantations, as if the Original were produced in Court by the Profecutor. ; ' XIV. And whereas feveral Ships and Veffels laden with Tobacco, Sugars, and other Goods of the- ' Growth and Produft of His Majefty's Plantations in America, have been difcharged in feveral Ports of the- ' Kingdoms of Scotland 7m6. Ireland, contrary to the Laws and Statutes now in being, under Pretence that the faid Ships and VefTels were driven in thither by Strefs of Weather, or for Want of Provifions and Bondo given in Plantations, Sureties to be of Ability. Condition of the Bonds. Farther Provi- iions relating to fuclr Bonds by S Annee, c. 13^ Other Difabilities cuuld not proceed oa their Voyage ;' For Remedy whereof be it en.: tr.c Autho-, ritr
 * altered, and the Word Ireland to be left out of the Condition of all fuch Bonds ; and by the faid Aft k
 * ■ ping and Navigation, for each refpeftive Ship or Veflel, that fuch Ship or Veftel fhall carry all the afore-