Page:Ruffhead - The Statutes at Large - vol 6.djvu/434

372 any Part of such Ship or Vessel, and all the Goods on Board, and to detain her so long as shall be ne- cessary for that Purpose, and also to open and examine any Cabbins, Lockers, false Bulk-head or any Concealments, or other places in the sides of such Ship or Vessel, or any other Part thereof, or to oper and examine any Chest, Trunk, Box, Cask, Cafe or Package whatsoever, to discover whether any more or other Goods are on Board, other than such as are mentioned in the Manifest delivered by the Master, and to seize and bring on Shore all Goods or Merchandizes not mentioned therein; and all such Goods fhall be forfeited and lost, and shall and may be prosecuted and divided in the Manner hereafter men- tioned : Provided, That in case no Goods be found on Board such Ship or Vessel, but what are men- tioned in the Manifest delivered by the Master, that then the Officer or Officers who shall land or take any Goods out of such Ship or Vestel, or open any part of such Ship or Vestel, or unpack any Goods, unpacking thereof, without being liable to any other Costs or Damages for Demurrage, or on any other Account whatsoever; but if any other Goods are found on Board, besides such as are mentioned in the Master's Manifest (except the necessary Provisions of the Ship for the Voyage) then the Master, or other Person having Charge thereof, shall be at the Charge of reloading and repacking all the Goods unladen or opened, and of reparing all other Damages whatsoever occafioned thereby, or in opening or ex- amining the sides of the Ship or otherwisse, in the Execution of this Act, and the Officer or Officers concerned shall not be at any Expence, or incur or be liable to any Cofts or Damages whatsoever. ]

VII. And be it further enacted and declared by the Authority aforesaid, That if any Ship or Vessel shall have on Board any Sugar, for which Licence thall have been granted as aforesaid, or any other Goods that are not enumerated in the Acts before-mentioned ; and the Owner or Owners thereof, his or their Factor or Agent, shall, on the Arrival of such Ship or Vessel in any Port of Great Britain, be desirous to enter and pay his Majesty's Duty, and land the said Goods, or any Part thereof; he or they shall have Liberty to to do; the Master of the Ship first making a Report of his whole Lading, with the proper Officers of the Customs, in like Manner as he was required by Law to do before the making of this Act.

VIII. Provided nevertheless, and be it further enacted and declared by the Authority aforesaid, That if the said Master or other Person having or taking Charge of such Ship or Vessel, for which a Licence shall have been granted as aforesaid, shall on his Arrival in any of his Majesty's said Sugar Colonies have delivered to the Collector, Comptroller and Naval Officer, the said Licence, with a Certificate of Bond being given in Great Britain as aforesaid, and thall, before he lades any Goods, declare in Wri- ting, upon Oath, or if a Quaker, on his Affirmation, before them or any two of them (which Oath or Affirmation, they are hereby impowered to administer, and to endorse the same on the Back of such Li- cence, where it shall be attested by them) that the Sugars he intends to load pursant to such Licence, are to be carried to fome Port or Ports, Place or Places, to the Southward of Cape Finisterre; then the said Master or other Person may, in cafe he has in all Respects complied with the several Directions in this Act, proceed thither directly with such Ship or Vessel and her Lading accordingly, taking with him such Licence, and Oath or Affirmation endorsed thereon as aforesaid, together with an Account of the Marks, Numbers, Package, Contents and Sorts of Sugars laden by virtue of such Licence, likewise endorsed thereon, or contained in a Certificate annexed thereto, in the Manner before directed, and may there land the same, without first touching at any Port in Great Britain; any thing in this Act to the contrary notwithstanding:

But in such Case the Master, or other Person taking Charge of such Ship or Vessel, shall within eight Months after landing the said Sugars at such Port or Place, Ports or Places, and before such Ship or Vessel shall go again to any of his Majesty's Plantations in America, and return to some Port of Great Britain, and on his Arrival there deliver his said Licence to the Com- imissioners of the Customs respectively, or the Customer or Collector and Comptrolier of such Port, with such Oath or Affirmation endorsed thereon, and an Account of the Lading endorsed likewise thereon, or contained in a Certificate annexed thereto as aforesaid, together with a Certificate from the Consul, or two known British Merchants of good Credit residing at the Ports or Places where such Sugars were landed, testifying the Landing thereof as aforesaid;

and the Master, or other Person taking Charge of such Ship or Veltel, shall likewise make Oath, or, if a Quaker, make a solemn Affirmation, before the Customer or Collector and Comptroller, to the Truth of such Certificate; and that none of the Goods before enumerated, except Sugar, were taken on Board at any of the said Colonies, landed at the Port or Place mentioned in the said Certificate; and the Master, or other Person taking Charge of such Ship or Vessel, shall likewise make an Entry or Entries with such Customer or Collector and Comptrol- ler of the Quantity and Sorts of all the Sugars laden on Board the said Ship or Vessel at any of the said Colonies as aforesaid, and landed at any Port or Place to the Southward of Cape Finisterre; which Entry or Entries the Customer or Collector and Comptroller are to pass, without demanding or re- ceiving any Custom or Duties for the fame, mentioning in their Accounts, that such Entries were passed by virtue of this Act; and in case the Master, or other Person taking Charge of such Ship or Vessel, shall neglect or refuse to make an Entry or Entries of such Sugars so landed as aforesaid, with the Customer or Collector and Comptroller of the Port where he shall arrive, on his returning to Great Britain, he shall forfeit and lose one hundred Pounds, whereof one Majesty shall be to the Use of his Majesty, his Heirs and Successors, and the other Moiety to such Person or Persons as will sue for and recover the same.

IX. And be it further enacted by the Authority aforesaid, That upon the Return to Great Britain of any Ship or Vessel which shall, pursuant to the Liberty given by this Act, carry Sugars from his Majesty's Sugar Colonies to any foreign Parts, the Matter, or other Person taking Charge of such Ship or Vessel, shall in either Case before mentioned bring back and deliver to the Commissioners of the