Page:Ruffhead - The Statutes at Large - vol 5.djvu/271

 A. D. 1718. ■ Anno quinto Georgii Regis. C. 21. 231 ' purf iancc thereof: And whereas in and by an Act of Parliament of the ninth Year of the Reign of his? & I0 Wt 3- ' late Majefty King William the Third, of glorious Memory, It is enacted and provided, That the faid 1 " 44 ' ' Eqft-lndies, or the Wands, Havens, Forts, Cities, Towns or Places within the Limits aforefaid, fhould ' not be vifited, frequented or haunted by any of the Subjects of his Majefty, other than fuch as might law- ' fully go and trade there ; and that if any of the Subjects of his (aid late Majefty, his Heirs or Succeflois, ' of what Degree or Quality foever, other than fuch as might or may lawfully go and trade to the Kajl-Indies ' or other the Parts in the fame A6t mentioned, by virtue thereof, mould directly or indirectly vifit, haunt, ' frequent, trade, traffick or adventure into or from the (aid Eqft-lndies or other the Parts aforefaid, all and ' every fuch Offender and Offenders fhould incur fuch Forfeitures and Lodes, as in the (aid Act is and are ' for that Purpofe appointed : And it is alfo provided by the fame A£t and by fubfequent Laws, That all the ' Goods, Wares, Merchandizes and Commodities to be laden upon any Ship or Ships bound from the faid ' Great Britain, and there be unladen and put on Land; notwithstanding which juft and reafonable Provifions ' and Reftrictions feveral of his Majefty's Subjects, not entitled under the faid Acts of Parliament, have prc- fumed to trade into and vifit the faid Eqft-lndies and other the Places aforefaid in foreign and other Ships,. ' 1 foreign Parts out of his d the Diminution of his Royal Highnefs George 's Lieutenant within the ' fame, was pleafed on the eighteenth Day of Oclober which was in the Year of our Lord one thoufand feven ' manding all his Majefty's Subjects not to ferve on board any foreign or other Ships, with foreign Com- ' millions and Colours, bound to or from the Eaji-Indies or any the Farts aforefaid ; or directly or indirectly ' to vifit, haunt, frequent, trade, traffick or adventure into or from the faid Eaji-Indies or other the Parts ' before-mentioned, contrary to Law : But notwithstanding the Prohibitions contained in the faid Acts of ' Parliament and Proclamation, and in Defiance of the fame, feveral evil-difpofed Perfons have gone on to ' out and manned feveral Englijh and other Ships or Veffels, and have failed with or fent out the fame to Offences agah/l fraudulent and illegal Trade and Practices maybe prevented, and that fo considerable and beneficial a cxa t' ctl ou j  n ° ne frail eighteen, fail, go or repair to or be in the Eqft-lndies or Parts afore-mentioned, or any of them, contrary f ^- £ Eaft " to the Laws now in Being or contrary to the Tenor of this Act, every iuch Perlbn and Perfons fo offending traryto theLawT fhall be liable to fuch Funifhment, as by any Law or Laws now in Being may be inflicted for fuch Offence, now in Being. " II. And to the Intent that fuch Offender and Offenders may be brought to Juftice,' It is hereby The Eaft-india enacted, That it fhall and may be lawful, to and for the United Company of Merchants of England trading-Company may to the Eqft-lndies, and their Succeffors, to take, arreft and feize, or caufe to be taken, arrefted and feized, feize fuch Per - fuch Perfon or Perfons, being a Subject or Subjects of his Majefty, his Heirs or Succeffors, at any Placef? 1 "' an E d ft, nd , or Places, or where he or they fhall be found within the Limits or Places aforefaid ; and the Perfon and'there to aiffwer' Perfons fo taken, arrefted and feized, to fend and remit to England, there to anfwer for the Offence afore-for the Ofi'ence.. faid, according to due Courfe of Law. III. And it is hereby further enacted by the Authority aforefaid, That all and every Perfon and Perfons, Afte J Feb - 5, who from and after the fifth Day of February one thoufand (even hundred and eighteen, fhall procure, f - I7lS '. r ' er ' i; ' ns licit for, obtain, or act under any Commiffion, Authority, or Pafs from any foreign Prince, State or Po- llVr^' ^rr' 1 /• /• -i ' 1 - 1 r- a t »■ 1 r> ° r , • i r % any Lornmifiion. tentate whatioever, to (ail or go, or trade in or to the tqft-lndies, or any the rarts afore. aid, every fuch from any foreign Perfon or Perfons fo offending herein, fhall incur and forfeit for every fuch Offence the Sum of five hundred Prince, &c. to Pounds. trade to the Eaft- Indies, &c. (hail forfeit 500 1. IV. And it is hereby enacted, That all the faid Penalties and Forfeitures fhall or may be fired for and' ir ° r '' eit "r«, hovrr recovered in any of his Majefty's Courts of Record at JVeJlminJler, by Bill, Plaint, Information, or other- 10 kerecoyeied wife, wherein no Effoin, Wager of Law, or Protection, fhall be allowed, nor any more than one Impar- an 11)0e ' lance ; one Half-part of which faid Penalties and Forfeitures fhall be to the Ufe of fuch Perfon or Perfons- as will inform or fue for the fame; and the other Half-part to his Majefty, his Heirs and Succeflbrs. V. Provided always, That this Act, or any Thing herein contained, fhall not extend, or be conftrued, Not to prejudice. deemed, or taken to extend, to reftrain or prejudice fuch Trade or Right of Trade or Navigation within * e South-Sea any Part of the Limits aforefaid, as the Governor and Company of Merchants of Great Britain trading to om P an >'- the South-Seas, and other Parts of Ameriea, and for encouraging the Fifhcry, now are intitled unto; any Thing herein contained to the contrary in any wife notwithftanding. VI. Provided neverthelefs, and it is hereby enacted, That this Act fhall continue in Force for five Years, Continuance of and from thence to the End of the nextSeffion of Parliament, and no longer. [Continued by 9 Geo. r.l Aft ' c. 26. feet. 10. for feven Years from March one thoufand feven hundred twenty-three, and further con- tinued by 5 Geo. 2. c. 29. for feven Years from May one thoufand feven hundred thirty-two, and by 20 FertberPrc-vifioas Geo. 2. c. 47. to 25 March one thoufand feven hundred and eighty.] conmmngEafil Indies, 7 Geo. 1, c, 5 fif 21. 9. Geo. 1, c, 26. 3 Geo, 2. c. 14 &f 2c. 11 Geo, 2. c. 22. 17 Geo. 2. c. 17. 27 Geo. 2. c. 9. 1 Geo. 3- c ' : 4- C A P,
 * Eqft-lndies or Parts within the Limits aforefaid, fhould be brought without breaking Bulk to fome Port of
 * hundred and fixteen, to iffue forth a Proclamation (amongft other Things} ftrictly charging and com-
 * procure and obtain feveral foreign Commifiions or Paffes, and under Colour thereof or otherwifc have fitted
 * trade and traffick in the Eaji-Indies or other the Parts aforefaid :' Now to the Intent that fuch collufive,,'*" ds an