Page:Ruffhead - The Statutes at Large - vol 5.djvu/754

 716 C. 35. Anno fecundo Georgii II. A.D. 1729, Days after the Difcharge or Unlading of the Ship or Veffel, Ships or Veffels, in which fuch Stores (hall be en Certificate of imported, upon a Certificate or Certificates to be produced to the chief Officer or Officers of the Cuftoms, the Governor of which Certificate or Certificates {hall be under the Hand and Seal of the Governor, or Lieutenant Governor, the Place, or Collector of his Majefty's Cuftoms, and naval Officer, or any two of them, refiding and being within any of his Majefty's laid Colonies or Plantations, that before the Departure of fuch Ship or Veffel, Ships or Veffels, the Perfon or Perfons, Merchant, Trader or Fatter, loading the fame, had made Oath before them, that the faid naval Stores fo {hipped on Board were truly and bona fide of the Growth and Produce of his Majefty's faid Colonies and Plantations (which Oath the faid Governor, Lieutenant Governor, Col- lector of his Majefty's Cuftoms, and naval Officer, or any two of them, are hereby authorized to adminifter) and on Oath of as likewife upon Oath to be made within any Port of. Great Britain, by the Mafter or Mafters of fuch Ship thcMafterof or VefTel, Ships or Veffels; importing fuch naval S lores, that the fame were {hipped on Board fuch Ship the Ship. or y e ff e i 5 Ships or Veffels, within iome of his Majefty's Colonies or Plantations in America, and that he or they know or believe, that the faid naval Stores were the Produce of the faid Colonies or Planta- tions. ' IV. And whereas it is neceffary for the better making cool and good Tar, fit for Cordage, in all the ' Britijh Plantations, that the laft half Part of every Kiln of Tar, when drawn, {hall be made into Pitch The whole Kiln ' free of Drofs,'.Be it ena£ted by the Authority aforefaid, That the whole Kiln of fuch Tar or the Value of Tar ' " nl £' s thereof, unlefs the faid half Part {hall be fo made into Pitch as aforefaid, {hall, from and after the twenty- n,Li! ninth Day of September one thoufand (even hundred and twenty-nine, be forfeited for the Benefit of any 1 art be made t> - t r' - ■ 1 n- n n'~ - r i -r t • i i 1 • i r t k ■ r. 1 into Pitch for- Perion or Perlons, who mall iue tor the iame, to be levied and recovered in the lame Manner as other Penal- feited. ties and Forfeitures are directed by this Act; any thing herein contained to the contrary thereof in any wife notwithftanding. V. And to the end a particular Benefit may accrue hereby to his Majefty's Royal Navy, and for the bet- fioners oTth ter Supply of the fame with naval Stores, be it further enacled, That upon the importing of any naval Navy to have Stores from his Majefty's faid Colonies and Plantations, for which a Reward or Premium is hereby granted, thePre-emp- the Pre-emption or Refufal of fuch naval Stores fball be offered and tendred to the Commiffioners of his tion. Majefty's Navy, upon landing the fame; and if, within the Term of twenty Days after fuch Tender, the faid Commiffioners {hall- not contract or bargain for the fame, it {hall and may be lawful to and for the Im- porter or Importers, Owner or Owners, of the faid naval Stores, otherwife to difpofe of the fame, for his or their beft Profit and Advantage. D 1 Exportation, VI. And be it further enacted by the Authority aforefaid, That if any Fitch, Tar, Turpentine, Malts, the Exporter to Yards or Bowfprights, {hall, after the twenty-ninth Day of September which {hall be in the Year of our P tTthathe" Lord one thoufand feven hundred and twenty-nine, be exported, that then, and in every fuch Cafe, the hath repaid the • Perfon or Perfons fo exporting the fame fhall, before the Entry thereof, produce to the Collector of the Cu- l'rcmiums. ftoms, at the Port of Exportation, or to the chief Officer of the Cuftoms there, a Receipt from the Trea- furer of the Navy, or his Cafhier, which he is hereby directed to give without Fee or Reward, fignifying that fuch Exporter or his Agent has paid to him the full Amount of the Premiums that are allowed by this Act, for the like Quantity of fuch naval Stores refpectively, either in lawful Money of Great Britain, or by Bill or Bills made out for Premiums, by virtue of this Aft; which Receipt {hall likewife be fubfcribed by the Comptroller of fuch Treafurer's Accounts, or his chief Clerk, without Fee or Reward, fo that pro- per Notice may be taken thereof in his Office; and on Failure thereof fuch naval Stores {hall not be ex- ported; any Law, Cuftom or Ufage to the contrary notwithftanding. T f er of the VR- P rov >ded always, That the Treafurer of his Majefty's Navy {hall, on the receiving of fuch Premium Navy to charge or the Value thereof, from the Exporter of fuch naval Stores as aforefaid, charge himfelf with the Money himfelf with the fo received, or with the faid Premium, Bill or Bills; and the Commiffioners, and principal Officers of his Money received. Majefty's Navy, are to take particular Care that the fame be duly brought to the Account of his Majefty by fuch Treafurer accordingly. Naval Stores ex- VIII. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons, their Agents ported before or Affigns, {hall be found fraudulently to export fuch naval Stores, without paying fuch Premium to the Premium is Treafurer of his Majefty's Navy or his Calhier, in manner aforefaid, fuch Perfon or Perfons fhall forfeit repaid, are^ for- an( j ] ^ e a jj /- ucn nava ] Stores, and double the Value thereof; one Moiety whereof {hall be to the Ufe of his douMc their Majefty, his Heirs and Succeffors, and the other Moiety to the Informer, or Profecutor, to be profecuted Value. in any of his Majefty's Courts of Record at IVeftminfier, or in the Court of Exchequer in Scotland re{pe£tve]y, vyherein no Effoign, Protection or Wager of Lav/, or more than one Imparlance, fhall be allowed. IX. Provided always, That if any Doubt or Difpute {hall arife, whether any of the naval Stores, or any Onus proband; Part thereof, fo to be exported, are of the Growth, Product or Manufacture of his Majefty's Plantations to lie on the jn America, or of foreign Growth, Product or Manufacture, the Onus probandi fhall lie on the Owner or Owner. Clairner thereof, and not on the Informer or Profecutor; any Law, Cuftom or Ufage to the contrary not- withftanding. S Geo. 1, c. 11. ' X. And whereas by an Act paffed in the fifth Year of his late Majefty King George theFirft's Reign, intituled, An Ail againfl clandejline running of imcufiomed Goods, and for the more effectual preventing of Frauds relating to the Cuftoms, feveral Provifions are made, relating to the Manner of examining and viewing Pitch and Tar, and making Certificates for the fame, in order to obtain the Premium granted for fuch Pitch and Tar, and for inflicting Penalties and Forfeitures on any Officer of the Cuftoms, who {hall demand or take any Fee, Gratuity or Reward for the examining, viewing or delivering fuch Pitch, Tar or other naval Stores, with RefpecT: to the Premium or Reward allowed by Law, or for the making orfigning a Certifi- cate in order to the receiving fuch Premium or Reward;' Be it enacted by the Authority aforefaid, That to ^continued the r evera l Claufes, Matters and Things contained in the faid Act of the fifth Year of his faid late Majefty, img t is. j- Q ^ ar as t j je f ame re ] ate to the examining and viewing fuch Pitch and Tar of the Produce of his Majefty's Plantations, and for inflicting Penalties and Forfeitures upon any Officer of the Cuftoms, demanding or ta- king