Page:Ruffhead - The Statutes at Large - vol 3.djvu/669

 A. D. 1696. Anno feptimo Sc o£lavo Gulielmi III. C. 22. 61.3 . ilty aforefaid. That from and after the fiift Day of December one thoufand fix hundred ninety-fix, it fhali Produflof the not be lawful, on any Pretence whatfoever, to put on Shore in the faid Kingdoms of Scotland or Ireland, ''l^""'""'^ not any Goods or Merchandize of the Growth or Produft of any of His Majeftv's Plantations aforefaid, unlefs shore in Scot- the fame have been firft landed in the Kingdom of England, Dominion of Jyales, or Town of Berwick upon land, or Inland, Tweed, and paid the Rates and Duties wherewith they are chargeable by Law, under the Penalty of the unlefi Duties be Forfeiture of the Ship and Goods; three fourths without Compofition to His Majefly, His Heirs and Sue- * p-iitlinEng- ceflors, and the other fourth to him or them that fliall fue for the fame. '^"''' XV. Provided ncverthclefs. That if any Ship or Veffel laden as aforefaid, fiiall by Strcfs of Weather be if Ship nr.mdcd ftranded, or by Reafon of Leakincfs, or other Difabilicy, fhall be driven into any Port or Place within the in Ireland, Goods Kingdom of Ireland, and fhall not be able to proceed on her Voyage; then and in fuch Cafe only the faid "J^y '"^ P"' <>" Goods and Merchandizes may be permitted to be put on Shore, but fhall be delivered into the Cuflody and jnCilflod" fth" PofTeffion of the CoUeftor or Chief Officer of the Cuftoms of fuch Port or Place where the faid Ship fhall officer of the b»>fo ftranded or driven into, there to remain until the faid Goods and Merchandize fhall, at the Charge Curtoms, till of the Owner thereof, be put on Board fome other Ship or Veifel, in order to be tranfported and carried to "I'pped again for fome other Port or Place within the faid Kingdom of England, Dominion of Wales, or Town of Berwick q"J'.^"''' upon Tweed, the faid Officer firft taking good and fufficient Security for the Delivery of the fame, according securltv°fo De- to the true Intent and Meaning of this Ai5^. livery. XVI. And be it furthe^ ena^fed by the Authority aforefaid, That all Perfons and their Affignees, claim- Perfonsnotto ing any Right or Propriety in any iflands orTiafts of Land upon the Continent of America, by Charter fell Pb.ntatlons or Letters Patents, fh^not at any Time hereafter alicne, fell or difpofe of any of the faid Iflands, Tradls i" America, but of Land or Proprieties, other than to the natural-born Subjedts of England, Ireland, Dominion of JP'ales, '" Siibjcflsof and Town of Berwick upon Tweed, without the Licence and Confent of His Majelly, His Heirs and Sue- "^ ^" ' '^' ceffors, fignified by his or their Order in Council, firft had and obtained ; and all Governors nominated and Governors to be appointed by any fuch Perfons or Proprietors, who fhall be intitled to make fuch Nomination, (hall be al- approved of by lowed and approved of by His Majefty, His Heirs and SuccefTors, as aforefaid, and fhall take the Oaths ^ ^'"^f, ^""^ injoined by this or any other AQ. to be taken by the Governors or Commanders in Chief in other His Ma- oaths. jefly's Colonies and Plantations, before their entering upon their jefpeftive Governments, under the like Penalty, as His Majefty's Governors and Commanders in Chief are by the faid AcSIs liable to. Penalty. XVII. And for a more efledlual Prevention of Frauds which may be ufed to elude the Intention of this En^liih built Aft, by colouring Foreign Ships under EngUJh Names ; be it further enafted by the Authority aforefaid, Ships to be re- That from and after the five and twentieth'Day of March, which fhall be in the Year of our Lord one ^aje'^on olth" thoufand fix hundred ninety-eight, no Ship or Veflel whatfoever fhall be deemed or pafs as a Ship of the before the Col- Built of England, Ireland, Wales, Berwick, Guernfey, Jerfey, or any of His Majefty's Plantations in Ame- leftor of the rica, fo as to be qualified to trade to, from or in any of the faid Plantations, until the Perfon or Perfons Cuftoms; claiming Property in fuch Ship or Veffel fhall regifter the fame as followeth, that is to fay. If the Ship at the Time of fuch Regifter doth belong to any Port in England, Ireland, Wales, or to the Town of Berwick upon Tweed, then Proof fhall be made upon Oath of one or more of the Owners of fuch Ship or Veffel, before the Colleftor and Comptroller of His Majefty's Cuftoms in fuch Port ; or if at the Time of fuch or, if belonging Regifter the Ship belong to any of His Majefty's Plantations in America, or to the Iflands of Guernfey or •" America &c. Jerfey, then the like Proof to be made before the Governor, together with the principal Officer of His Ma- vemor &c jefty's Revenue refiding on fuch Plantation or Ifland, which Oath the faid Governors and Officers of the ' Cuftoms refpeftively are hereby authorized to adminifter in the Tenor following, viz. XVni. Which Oath, being attefted by the Governor, or Cuftom Officer refpeftively, who adminiftred o^*l» to be a- the fame, under their Hands and Seals, fhall after having been regiftred by them, be delivered to the Maf- ^^^^^ >' ^^ ter of the Ship for the Security of her Navigation, a Duplicate of which Regifter fhall be immediately ^ DupHcate^o tranfmitted to the Commiffioners of His Majefty's Cuftoms in the Port of London, in order to be entred in be tranimitted. a general Regifter, to be there kept for this Purpofe, with Penalty upon any Ship or Veffel trading to, from Penalty on Ship or in any of His Majefty's Plantatiins in America, after the faid five and twentieth Day of March, and not trading to Ame- having made Proof of her Built and Property, as is here direfted, that fhe fliall be liable, and flie is hereby rica without made liable, to fuch Profecution and Forfeiture as any Foreign Ship (except Prizes condemned in the High Proof of her Court of Admiralty) would for trading with thefe Plantations by this Law be liable to. " XIX. Provided always. That all fuch Ships as have been or fhall be taken at Sea by Letters of Mart or Prizc-diips tob* Reprizal, and Condemnation thereof made in the High Court of Admiralty of England as lawful Prize, regi'lred, and fhall be fpecially regiftred, mentioning the Capture and Condemnation inftead of the Time and Place of fj*^ j, "^'''^. Building, with Proof alfo upon Oath, that the entire Property is EngUJh, before any fuch Prize fnall be al- En'glii'h.*'^' ^ "^ lowed the Privilege of an Englijh built Ship, according to the Meaning of this Aft. XX. Provided alfo. That nothing in this Aft ftiall be conftrued to require the reglftring any Fifher- Fifher-boats, boats, Hoys, Lighters, Barges, or any open Boats or other Veffels (though of Engli/l) or Plantation Built) ^"5'=) ^'^- ""-of whofe Navigation is confined to the Rivers or Coafts of the fame Plantation or Place where they trade re- '° '"^ regiftrea, fpeftively, but only of fuch of them as crofs the Seas to or from any of the Lauds, Iflands, Places or Ter- ritories, in this Aft before recited, or from one Plantation to another. XXL And:
 * T URAT A. B. That the Ship [Name] of [Port] whereof The Oath.
 * J [Mafters Name] is at prefent Mafter, being a [Kind of Built]
 * of [Burthen] Tuns, was built at [Place where] in the Year [Time when]
 * and that [Owners Name] of and | of, &c. are at
 * prefent Owners thereof; and that no Foreigner, direftly or indireftly, hath afcy Share, or Part, or In-
 * tereft therein.'