Page:Ruffhead - The Statutes at Large - vol 6.djvu/537

 A. D. 1742. Anno decimo qninto Georgii JI. C. 31. 471 ' couragment of Seamen to enter into his Majefty's Service, it is declared and enacted by the Authority ' aforefaid, That nothing therein contained fhall extend or be conftrued to extend to exempt any Ships 4 Goods, Wares or Merchandizes, which fhall be taken as Prize, and brought or imported into this Kingdom, or any of his Majefty's Plantations in America, from the Payment of any Cuftoms or Duties, ' or from being fubject. to fuch Rcftrictions and Regulations, to which the fame now are or (hall hereal- ' ter be liable, by virtue of the Laws and Statutes of this Realm : And whereas during the prefent War ' with Spain, feveral Goods and Commodities of the Growth and Production of foreign Plantations, not 4 belonging to his Majefty, and other Goods and Commodities; being the Product of other Countries, ' have been already, and may be taken in America, which may by the Laws now in Force be fubject to 'Forfeiture, or liable to the Payment of high Duties to his Majefty, as not coming directly from the ' Places of their Growth, or from the Ports or Places, where the faid Goods can only or ufually have 4 been firft (hipped for Tranfportation, which will not only be a Difcouragemcnt to the Captors and Im- ' porters thereof, but put them tinder a Neceflity to fend fuch Goods for the future directly to foreign ' Markets, which will be aLofs to his Majefty's Revenue, and tend to the Prejudice of the Trade of this ' Kingdom:' For Remedy whereof be it enacted by the Authority aforefaid, That all Goods and Com- Regulation of modities of the Growth or Product of foreign Plantations, not belonging to his Majefty, or any of his *£'. u " y '" Subjects which have been already taken, or (hall be taken in America during this prefent War, and have r ' 2 ~ been or fhall be condemned as Prize as aforefaid, and (hall be imported into this Kingdom, in any of his Majefty's Ships of War, or in Britifh Shipping, duly navigated, and for which the Duties due to his Ma- jefty have not been paid or fecured to be paid, upon producing fuch Affidavits and Certificates thereof as are herein after mentioned, (hall pay fuch Cuftoms and Duties only as the fame would have paid, if the faid Goods had been of the Growth and Product of the Plantations, Iflands or Colonies, fubject to the Crown of Great Britain ; and that all other Goods, Wares and Merchandizes whatfoever, which have been or fhall be taken and condemned as Prize in America as aforefaid, and which fhall be imported into this Kingdom from any of the faid Plantations, Iflands or Colonies, upon producing a Certificate under the Hand and Seal of the Collector or Chief Officer at the Port or Place where fuch Goods were put on board in America, that they are the fame Goods which were condemned in the High Court of Admiralty, within fuch Plantation, Ifland or Colony, (the Truth of which fhall appear to the faid Collector or Chief Officer there, by Affidavit made bythe Perfon or Perfons exporting fuch Prize Goods) and alfo upon art Affidavit made before the Collector or Chief Officer of the Cuftoms of fuch Port in this Kingdom, where Concerning Cu- the faid Goods fhall be imported, by the Mafter, Purfer or other Perfon who commands the Ship in >»» /« 18 Cm. which the fame fhall be imported, that the Goods fo imported are the fame Goods for which the faid Cer- -• £ v a8, tificate of the Collector or Chief Officer in America was made as aforefaid, (hall be fubjedt and liable to, ^ G "' *' c ' }?/ and (hall pay fuch Duties only in Great Britain as fuch Goods would be liable unto in cafe they had been 2 % Geo. z.c. it. imported directly from the Ports or Places, of which the faid Goods are of the Growth, Production or 30 c». 2. <■. 18 Manufacture, or from thofe Ports or Places where the faid Goods can only or ufually have been firft & 29- Clipped for Tranfportation ; any Law, Cuftom or Ufage to the contrary notvvithftanding. 51 Gcs ' 2 ' f " 10, ' VI. And whereas by the faid Act of Parliament palfed in the thirteenth Year of his Majefty's Reign, 1 it is enacted, 'ITiat for the more fpeedy proceeding to Condemnation or other Determination of any ' been ufual in the like Cafes, the Judge or Judges of the Court of Admiralty, or other Perfon or Per- 1 fons thereto authorized, (hall proceed in the Manner directed by the faid Act; and if the Cafe fhall ap- ' pear doubtful, and it fhall be neceflary for the clearing and determining fuch Doubt to have an Exami- ' nation of Witnefies that are remote, that then the faid Judge or Judges fhall forthwith caufe fuch Cap- 1 ture to be appraifed by Perfons named on the Part of the Captors, and fworn truly to appraife the 4 fame according to the beft of their Skill and Knowledge, for which Purpofe the faid Judge or Judges ' (hall caufe the Goods found on board to be unladen, and put in proper Warehoufes, with feparate Locks ' of the Collector and Comptroller of the Cuftoms, and where there is no Comptroller of the Navai Of- ' ficer, and the Agents or Perfons employed by the Captors and Claimants, at the Charge of the Party 4 or Parties defiring the fame ; and fhall after fuch Appraifement made, and within the Space of fourteen ' Days after the making fuch Claim, proceed to take good and fufficient Security from the Claimant to ' pay the Captors the full Value thereof, according to fuch Appraifement, in cafe the fame fhall be ad- ' judged lawful Prize; and after fuch Security duly given, the faid Judge or Judges fhall make an Jnrer- ' lequitory Order for releafing or delivering the fame to fuch Claimant or Claimants, or his or their 4 Agents, and the fame fhall be actually releafed or delivered accordingly : And whereas there is no luffi- ' cient Provifion made by the faid Ait for fecuring the Duties on fuch Goods as fhall be fo delivered by • fuch Interloquitory Order, nor for preventing the Confumption in his Majefty's Colonies and Plantati- 4 ons in America of fuch European Goods taken as Prize, as fhall be fo delivered, which may be of the ' utmoft Confequence to the Trade of this Kingdom ;' Be it enacted by the Authority aforefaid, That n;,eaicru foi no Goods taken as Prize fhall be delivered by fuch Interloquitory Order as aforefaid, until the Duties .W^f '^^ payable for the fame fhall be firft paid or fecured to be paid, in fuch Manner as the Duty on Goods °f "nV« PU-umj- the like Kind ought to be paid or fecured refpectively ; and that no Prize Goods of the Growth, Produc- ons, tion or Manufacture of Europe, which fhall be brought into any of his Majefty's Colonies or Plantations in America, fhall be delivered by fuch Interloquitory Order as aforefaid, until fufficient Security (hall be firft given to the Collector or Comptoller of his Majefty's Cuftoms there, or where there is none fuch, to the Naval Officer there, to the Ufe of his Majefty, that all fuch Goods fhall within three Months after be re-exported out of the faid Colony or Plantation ; and that no Part thereof fhall be confurned there. 4 VII. And whereas by an Act of Parliament paffed in the eighth Year of the Reign of her late Ma- 8 Ann*'., c. 7, ' jefty Queen Anne, for granting to her Majefty new Duties of Excife, and upon feveral imported Com- ' modities,
 * Ship or other Veffel, Goods or Merchandizes taken Prize, and for leffening the Expences that have