Page:Ruffhead - The Statutes at Large - vol 6.djvu/535

 A.D. I74 2 - Anno decimo quinto Georgii II. C. 31. 469 ' on the Certificate of the Regifter before two Witnefles ; notwithstanding which, the Certificates of the 4 Regifter of feveral Ships have been frequently fold to Foreigners, and f'uch Certificates delivered to the ' Purchafers, and the Ships of Foreigners, under Colour thereof, have been admitted to trade from and ' to theTaid Plantations (though of foreign Property) contrary to Law, to the Prejudice of the Naviga- ' tion of Great Britain; and the Plantations;' For the Prevention thereof for the future, may it pleafe I your Majefty that it may be enacted, and be it enacted by the King's mod Excellent Majcfty, by and with the Advice and Confent of the Lords Spiritual and Tenipora), and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That from and after the twenty-fifth Day of Mailers of Vcf- i-v ; - iA r 1 c 1 1 1 1 c *-_ ^ „- Cl_* t nri • i 1 .1 _ 1- • 1 • 1 d -*. fj.lt -..~:/i 1 Charge of the faid Ship or Veflel, fhall upon Oath (or in cafe of a Quaker, upon his folernn Affirmation) before the Governor or Collector of the Cuftoms of every of his Majefty's faid Plantations where the fame fhall arrive, give a juft and true Account of the Name and Burthen thereof, and of the Place from whence {he came, and of the other Particulars according to the Form following ; that is to fay, ' A. B. maketh Oath (or if a Quaker, folemnly affirms) that the Ship or VefTel called the The Oath. ' whereof he this Deponent (or Affirmant} is Mafter, or hath the Charge or Command during this pre- ' fent Voyage, being of the Burthen of Tons, came laft from, and that {he ' is, as he verily believes, the fame Ship or Veflel defcribed, meant and intended in and by the Certificate ' now produced by him ; and that the fame does now, as he believes, belong wholly to his Majefty's ' Britijh Subjects, and that no Foreigner has directly or indirectly any Share, Property or Intereft therein, ' to his Knowledge or Belief.' And in cafe any Ship or Veflel fhall load or unload any Goods, Wares or Merchandizes, in any of his Loading or un- Majefty's Plantations in America, before fuch Proof fhall be made; that every fuch Ship and Veflel loading Goods, fhall be forfeited and loft, and fhall and may be profecuted, recovered and divided in like Manner, as before Proof of if fhe had not been regiftred in purfuance of the faid Act of the feventh and eighth of King William the f h " 6 shi "ob""' Third. _ _ forfeited. ' II. And whereas by the faid Act of the feventh and eighth Years of his faid late Majefty King Wil- ' liam the Third, it is enacted, That jio Ship's Name regiftred fhall afterwards be changed without re- 4 giftring the fame de novo, which is by the faid Act required to be done upon any Transfer of Property 4 to another Port, and delivering up the Certificate of the firft Regiftry to be cancelled : And whereas ' Mafters of Ships have frequently loft or miflaid Certificates, to the great Prejudice of the Owners, who ' have thereby loft their Voyages, and been deprived of the Benefit of regiftring their Ships de novo, and ' fuch LoiTes have happened at great Diftances from the Port proper for the regiftring the Ship de novo ;' Be it further enacted by the Authority aforefaid, That from and after the twenty- fifth Day of December o a th to be made, one thoufand feven hundred and forty-two, if any Ship or Veflel duly qualified to trade to, from and in of Certificate his Majefty's faid Plantations, fhall happen to be in any of the faid Plantations, and the Certificate of the loft or miflaid. Regifter thereof fhall be loft or miflaid, the Mafter or other Perfon having Charge of the faid Ship or , Veifel, may make Oath, or being a ghiakcr a folemn Affirmation, before the Governor or Collector of. the Cuftoms, in the Port where the Ship or VefTel fhall happen to be, in the following Form j ' folemnly affirm) that the faid Ship or Veflel has been, as he verily believes, regiftred according to Law, ' to qualify her to trade to, from and in his Majefty's Plantations in America, and that he had a Certifi- i 1 cate thereof granted at the Port of but that the fame is loft or miflaid, and that he cannot find 4 the fame, and does not know where the fame is or what is become thereof, and that the fame hath not ' been nor fhall be, with his Privity or Knowledge, fold or difpofed of to any Perfon or Perfons whatfo- ' ever; and that he this Deponant (or Affirmant) and three Fourths of the Mariners navigating the faid ' Ship or VefTel are his Majefty's Britijb Subjects, and the faid Ship or VefTel does now, as he believes, 4 belong wholly to his Majefty's Britijb Subjects, and that no Foreigner has to his Knowledge or Belief 4 any Share, Property or Intereft therein.' And the faid Mafter or other Perfon navigating the faid Ship or VefTel, fhall alfo give good and fufficient Security to be Security in the Penalty of five hundred Pounds, if the Ship or VefTel be of the Burthen of one hundred given, that no Tons or under, and fo in Proportion for every Ship or VefTel of a greater Burthen, to the Collector of the illegal ufefliail Port where the faid Ship fhall be, in his Majefty's Name, and to his Majefty's Ufe, with Condition that foS^ & the faid Ship or Veflel was duly regiftred according to Law, for qualifying the fame to trade to, from and found. in his Majefty's Plantations in America, and that the Certificate of the faid Regifter, if found, fnall'be de- livered up to the Commiffioners of the Cuftoms to be cancelled, and no illegal Ufe has been or fhall be made thereof, and that the fame has not been or fhall be fraudulently difpofed of, and that the laid Ship or Veflel does wholly belong to his Majefty's Britijh Subjects, and that no Foreigner has any Shar.e, Property or Intereft therein ; and upon making fuch Oath or Affirmation, and giving fuch Bond as afore- faid, the Governor and Collector of his Majefty's Cuftoms fhall freely, and without Fee or Reward, give the faid Mafter or other Perfon having the Charge of the faid Ship or Veflel, a Certificate under their Hands and Seals, of his having given fuch Bond, and made fuch Oath or Affirmation;, and thereupon the faid
 * A. B. being Mafter (or having the Charge) of the Ship or VefTel called the does fwear (or -j^e o a th,