Page:Ruffhead - The Statutes at Large - vol 6.djvu/435

A. D. 1739. Customs respectively, or to the Customer or Collector and Comptroller of the Port in Great Britain, where such Ship or Vessel shall arrive, the said Licence, together with a Certificate signed and sealed by the Consul, or two known British Merchants of good Credit at the Port or Place where such Sugar was landed, certifying the Landing thereof, with the Number of Casks of Sugar so landed, and the Mark, Number and Contents of each Cark, with the Name of the Ship and Master; and that they verily believe that no Tobacco or other Goods before enumerated (except Sugar) have been there landed out of such Ship or Vessel; and upon such Licence being returned, with the Oath or Affirma- tion of the Master, and an Account of the Lading endorsed thereon or annexed thereto as aforesaid, and also upon such Certificate of the Consul, or two known British Merchants of good Credit, being produced, and Oath or Affirmation made as aforesaid, and the several other Matters and Things re- quired by this Act being duly complied with, the Bond given before granting such Licence shall be dis- charged and delivered up; any thing in the said Bond or in this Act contaied to the contrary thereof in any wise notwithstanding; otherwise such Bond shall be forfeited, and shall and may be prosecuted in the Manner directed by this Act.

X. And be it further enacted by the Authority aforesaid, That in case any such Ship or Vessel shall, after the unloading such Sugars or any Part thereof, take on Board any Goods or Merchandize before and contin her Return to Great Britain, all such of the said Goods and Merchandize as shall remain on Board at other Goods, her Arrival in Great Britain, shall be entered and landed on the Return of such Ship or Vessel to Great Britain, and before her Departure from thence; and shall be subject to such Entries, Rules, Regu- lations, Prohibitions, Penalties and Forfeitures as the like Goods and Merchandize imported in any other Ship or Vessel are or would be subject and liable unto by this or any Law or Laws of the Customs.

XI. And be it further enacted by the Authority aforesaid, That this Act, or any thing therein con- tained, shall not extend, or be construed to extend to excuse any Ship or Vessel trading to, in or from to the said Sugar Colonies, being registred pursuant to the Act made in the seventh and eighth Year of his late Majesty King the Third, on Proof of the Property made by one or more of the Owners, in the Manner and under the Penalties and Forfeitures inflicted by the said Act.

XII. And for Prevention of Seamen or Mariners deserting such Ships or Vessels, or expending their Wages abroad, which may be of great Detriment to Trade and Navigation, and is often occasioned by the Owner or Owners of Ships or Vessels paying Wages to the Seamen or Mariners when abroad;

Be it further enacted by the Authority aforesaid, That no Master or Owner of any Ship or Vessel car- rying Sugars as aforesaid shall pay or advance, or cause to be paid or advanced to any Seaman or Mar- riner, during the Time he shall be in Parts beyond the Seas, any Money or Effects upon Account of Wages, exceeding one Moiety of the whole Wages which shall be due from the Time of his Departure from Great Britain, until such Ship or Vessel shall return to Great Britain; and it any such Master or Owner of such Ship or Vessel shall pay or advance, or cause to be paid or advanced any Wages to any Seaman or Mariner above the said Moiety, such Master or Owner shall forfeit and pay double the Money he shall so pay or advance, or cause to be paid or advanced, to be recovered in the high Court of Admiralty by any Person who shall first discover and inform of the same.

XIII. And be it further enacted by the Authority aforesaid, That all Penalties and Forfeitures in- curred by this Act (except where it is otherwise hereby provided) shall and may be profecuted in any of his Majesty's Courts of record at Wefiminjter, or the Court of Exchequer in Scotland; one Mozety whereof to be for the Use of his Majesty, his Heirs and Succeffors, and the other Moiety to him or them who will sue for, prosecute and recover the same; wherein no Essoin, Protection or Wager of Law shall be allowed, nor any more than one Imparlance.

XIV. And be it further enacted by the Authority aforesaid, That if any Person or persons shall be sued or prosecuted for any thing done or to be done in pursuance of this Act, such Person or Persons may plead the General Issue, and give this Act and the special Matter in Evidence; and if the Plain tiff or Plaintiffs, Prosecutor or Prosecutors, shall become nonsuit, or forbear Prosecution, or discon- tinue his, her or their Action, or if a Verdict pass against him, her or them, the Defendant or De- fendants shall have Treble Costs, and shall have the like Remedy for the fame, as in Case where Costs are by Law given to Defendants.

XV. And be it further enacted by the Authority aforesaid, That if any Person or Persons shall grant any false Certificate, or counterfeit, erase or alter any Licence, Oath or Certificate, made or given pursuant to this Act, or shall knowingly or willingly publish or make use thereof; such Person or Per- sons shall forfeit five hundred Pounds, to be recovered and disposed of in the Manner directed by this Act; and such Licence, Oath or Certificate so faldsied, counterteited, erased or altered shall be invalid, and of no Effect.

XVI. Provided always, That nothing in this Act contained shall extend, or be construed to extend, to give or grant any Liberty to carry any Sugars from any of the said Sugar Colonies to Ireland.

XVII. And be it further enacted, That this Act shall continue and be in Force five Years, to be reckoned from the twenty-ninth Day of September one thousand seven hundred and thirty-nine, and from thence to the End of the then next Session of Parliament, and no longer.

Further continued by 25 Geo. 2. c. 57. § 7. And further by 31 Geo. 2. c. 35. to 29 Sept. 1764. Concerning Plantations see further 15 Geo. 2. c. 31. & 33. 24 Geo. 2. c. 51 & 53 29 Geo 2. c. 5 & 35. 30 Geo. 2. c. 9. CAP