enumerated fpiritual and temporal, and commons, in this prefent parlia- Act 3 & 4. ment affembled, and by the authority of the fame, That the Annæ, with faid act, paffed in the third and fourth years of the reign of her refpect to making rice faid late Majefty, fo far as the fame extends to the making of of the British rice, of the growth and produce of his Majesty's plantations in American coAmerica, an enumerated commodity, fhall be, and is hereby ra- lonies an tified and confirmed, as to all perfons, fhips, veffels, or places, commodity, in all refpects whatfoever; except as to fuch of the faid rice, as, confirmed;" by the faid acts of the third and eighth years of his faid majefty except as to King George the Second, and by this act, are and fhall be per- fuch as by mitted or allowed to be exported from his Majefty's provinces Geo. II. and of South Carolina and Georgia in America, by fuch perfons, and by this act, in such ships and veffels, and to fuch foreign countries and places, are permitted and under fuch entries, fecurities, restrictions, regulations, li- to be exported mitations, penalties, and forfeitures, as are herein after parti- lina and Gearcularly described, appointed, limited, and enacted for that pur- gia, &c. pose. acts 3 &8 from S. Caro of America II. And be it further enacted by the authority aforefaid, That Rice may be from and after the twenty ninth day of June, one thousand seven loaded on hundred and fixty four, it fhall and may be lawful, notwith- board fhips standing any of the acts aforefaid, or any other act of parliament, navigated ac cording to for any of his Majefty's fubjects, in any fhip or veffel built in law, and beGreat Britain, or in his Majefty's colonies in America, or belong- longing to ing to any of his Majefty's fubjects, and navigated according to British fublaw, that shall clear outwards in any part of the faid provinces jects, in any part of South of South Carolina or Georgia, to ship or load rice in the faid pro- Carolina and vinces, and to carry the fame directly to any parts of America Georgia, and fouthward of South Carolina or Georgia, without carrying the carried directfame to any other of his Majefty's plantations in America, or to ly to any parts Great Britain; the mafter or other perfon having or taking fouthward of charge of fuch fhip or veffel, before the clears outwards, firft the faid colotaking a licence, under the hand of the governor of the refpec- nies; tive province for the time being, for the carrying the fame from the mafter first the faid provinces refpectively to fome part of America fouthward taking out a licence; which of the faid provinces, as aforefaid; which licence the faid go- is to be grantvernors refpectively are hereby authorized and required to grant, ed, upon a cerupon a certificate from the collector or comptroller of the port bond has been where fuch licence fhall be defired, certifying that bond has given, that no been given (which bonds fuch collector or comptroller refpec- enumerated tively is hereby authorized and required to take) with one or goods fhall be more fufficient fecurity, in the fum of one thousand pounds if taken on board, the ship be of less burthen than one hundred tons, and the fum of two thousand pounds if the ship shall be of that or a greater burthen, that no tobacco, fugars, cotton wool, indigo, ginger, fuftick, or other dying wood, molaffes, tar, pitch, turpentine, hemp, mafts, yards, bowfprits, copper ore, beaver skins, or other furs, of the growth, production, or manufacture, of any British plantation in America, fhall be loaden or taken on board fuch fhip or veffel at South Carolina or Georgia, or any other of his Majefty's plantations in America, unless it be for the neceffary ceffary proviprovifions of the fhip in their voyage, and that such ship or fions of the veffel, thip; tificate that unless for ne and that the veffel, after landing the faid rice by virtue of fuch licence, fhall veffel fhall re to be there turn to fome return to the faid provinces of South Carolina or Georgia, or proof the British ceed to fome port in any of his Majefty's colonies or plantations colonies with- in America, within the space of four calendar months from the in 4 months. time of clearing out of fuch port respectively; and that every maLicence to be fter or other perfon taking charge of fuch ship or veffel, for which produced at fuch licence fhall be obtained for carrying rice to any parts of the port of arrival ; America fouthward of the faid provinces of South Carolina or and a certifi- Georgia, fhall produce fuch licence to the collector or comptrolcate of arrival ler, or other proper officer at fuch port as he shall arrive at in upon granted any of his Majesty's colonies or plantations in America; which faid the mafter; collector or comptroller, or other proper officer, is and are hereupon produc- by authorized and required to give to the faid mafter a certificate, ing whereof certifying the arrival of fuch fhip or veffel at fuch port within the months, the time herein before limited and appointed; and that in cafe the bond is to be faid certificate be produced to the collector or comptroller of the discharged. said provinces refpectively within twelve calendar months, the bond taken as aforefaid fhall be cancelled and given up, otherwife fuch bond fhall be forfeited to his Majefty, and fhall and may be fued and profecuted in any court of record in the faid provinces respectively. within 12 Exporter to make an entry of the rice before hipping; and pay the half fubfidy before clear. ance. III. And, in order to ascertain the true quantity of rice exported from the faid provinces, pursuant to fuch licence, and the liberty granted by this act, be it enacted by the authority aforefaid, That before the fame shall be shipped or put on board, the merchant, or other perfon exporting the fame, fhall make an entry thereof in writing with the collector of his Majesty's cuftoms, and the naval officer, and also with the comptroller (where there is fuch an officer) and thereupon there shall be payable to his Majesty so much as the half fubfidy of the rice fo Thipped in South Carolina or Georgia fhall amount unto, which would have remained in cafe the faid rice had been first imported into Great Britain, and afterwards re-exported; and the collector of the port in which fuch fhip fhall be entered to fail, may and shall demand the full fum due for the half fubfidy for all the rice mentioned in fuch entry; which faid payment shall be well and truly made to the collector of fuch port respectively, at or before the faid fhip or veffel obtains the clearance; and the merchant or other perfon exporting fuch rice fhall also take out Coquet of fuch entry to a certificate or coquet of fuch entry, and fhall, before the rice be taken out, be shipped or put on board, indorfe on the back of fuch coquet and the quan- or certificate the true quantity intended to be shipped, mentiontity to be hip- ing the marks, number, and contents of each cafk; and fhall ped to be in dorfed there- deliver the coquet, fo indorfed, to the fearcher or other officer on, which is appointed for examining and fhipping thereof; and if, upon the to be deliver- weighing and examining the rice brought or intended to be fhipped by virtue of fuch coquet or certificate, before or after the thipping thereof, the quantity fhall appear to be greater than is indorfed thereon; or if any rice fhall be laden or put on board any fhip or veffel having liberty to trade by virtue of this act, or any hoy, lighter, bottom, boat, or other veffel, in order to be ed to the fearcher. If the quanti ty be found greater than what is fo in dorfed, put the value. put on board fuch thip or veffel before fuch entry, or taking out or rice be put fuch coquet, and indorfing and delivering the fame as aforefaid, on board be. contrary to the true intent and meaning hereof; all fuch rice, in any other fore entry, or fo fhipped or intended to be shipped, fhall be forfeited, as alfo veffel, in order the hoy, lighter, bottom, boat, or other veffel, employed in to be fraudu shipping the fame; and the owner of fuch rice, or other perfon lenty hipped; fuch rice, toemployed in shipping the fame, fhall also forfeit treble the va- gether with lue thereof, to be recovered in the court of vice admiralty held veffel employin any of his Majesty's plantations in America, or in any court of ed therein, to record in any of his Majefty's plantations in America, at the elec- be forfeited, tion of the informer or profecutor; one third part thereof to be and alfo treble to the use of his Majefty, his heirs, and fucceffors, one third Recovery and part to the governor of the faid provinces refpectively, and the application of other one third to the informer or prosecutor. the forfeiture, IV. And be it further enacted by the authority aforefaid, A&t to be in That this act hall continue for five years from the twenty fourth force for 5 day of June, one thousand seven hundred and fixty four, and from thence to the end of the then next feffion of parliament. V. And whereas great quantities of foreign molasses and syrups are clandeftinely run on fhore in the British colonies, to the prejudice of the revenue, and the great detriment of the trade of this kingdom, and its American plantations; to remedy which practices for the future, be it further enacted by the authority aforefaid, That from and after the twenty ninth day of Septem- From and afber, one thousand seven hundred and fixty four, bond and fecu- ter 29 Sept. 1764, where rity, in the like penalty, shall also be given to the collector or any enumeratother principal officer of the cuftoms, at any port or place in ed goods or any of the British American colonies or plantations, with one rice fhall be furety befides the master of every ship or veffel that shall lade or fhipped, bond take on board there any goods particularly enumerated in the and fecurity faid acts, being the product or manufacture of any of the faid is to be given, colonies or plantations, or rice, by virtue of the licence under years from British colo this prefent act, with condition, that, in cafe any molaffes or that any fofyrups, being the produce of any of the plantations not under reign molaffes or fyrups on the dominion of his Majefty, his heirs, or fucceffors, fhall be board shall be laden on board fuch fhip or veffel, the fame fhall (the danger of brought withthe feas and enemies excepted) be brought, without fraud or out fraud to wilful diminution, by the faid fhip or veffel, to fome of his Ma- fome of the jesty's colonies or plantations in America, or to fome port in nies, or to Great Britain; and that the mafter or other perfon having the Great Britain; charge of fuch ship or veffel fhall, immediately upon his arrival of which reat any port or place in Great Britain, or in the British American port is to be colonies and plantations, make a just and true report of all the port of arrival. goods laden on board fuch fhip or veffel, under their true and proper denominations; and if any fuch non-enumerated goods, Non-enumeor rice, as before-mentioned, fhall be laden on board any fuch rated goods, thip or veffel before fuch bond fhall be given, the goods fo laden, den before together with the fhip or veffel, and her furniture, fhall be for- giving bond, feited, and fhall and may be feized by any officer of the cuftoms, are forfeited, and profecuted, fued for, and recovered, in any court of record, together with or in any court of admiralty in the faid colonies or plantations where made at the and rice, la the vessel. ties. where fuch offence fhall be committed, or in any court of vice admiralty which may or fhall be appointed over all America (which court of admiralty, or vice admiralty, are hereby refpectively authorized and required to proceed, hear, and determine the fame) at the election of the informer 'or profecutor. Divifion and VI. And it is hereby further enacted, That all penalties and application forfeitures fo recovered there, under this or any former act of of the penal- parliament, fhall be divided, paid, and applied, as follows; that is to fay, after deducting the charges of profecution from the grofs produce thereof one third part of the nett produce shall be paid into the hands of the collector of his Majesty's customs at the port or place where fuch penalties or forfeitures shall be recovered, for the use of his Majesty, his heirs, and fucceffors, one third part to the governor or commander in chief of the faid colony or plantation, and the other third part to the person who fhall feize, inform, and fue for the fame. Freamble. CAP. XXVIII. An act to enable his Majesty, with the advice of his privy council, to order the importation of provifions from Ireland, during the next recefs of parliament, under certain reftrictions and regulations therein mentioned. W 7HEREAS the price of provifions is at present high, and may become higher; that it greatly affects the poor people, and will tend to hurt the trade and manufactures of this kingdom, if not timely prevented; may it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That it fhall and may be lawful for his Majefty, during the next recefs of parliament, by and with the advice of his privy council, from time to time, to order, permit, and authorize, the free importation of falted importation of beef, falted pork, bacon, and butter, from Ireland into this falt provifions kingdom, as his Majefty, in his great wisdom, shall think confrom Ireland, venient and needful, and as the neceffity of the times may reduring the recefs of quire, and in fuch manner as his Majefty fhall think fit to diliament; rect; any thing in any act or acts of parliament to the contrary notwithstanding. His Majesty enabled with, advice of his privy council, to order the par of duties, and account of and all perfons II. And be it further enacted by the authority aforesaid, That are exempted all perfons fhall be and are hereby exempted, freed, and diffrom payment charged, from the payment of all fubfidies, customs, rates, dufrom penalties, and other impofitions, and also from all penalties, forfeities, &c. on tures, payments, and punifhments, for or upon account of importing or bringing fuch provifions from Ireland into this kingfuch importa- dom, for fuch time or times as his Majefty, by and with the tion; advice of his privy council, fhall, by his royal proclamation, think fit to order, permit, and authorize, to be imported; any act or acts of parliament to the contrary notwithstanding. III. And, ties to the III. And, to the intent that the revenue may not be preju- other than the diced by the importation of falted provifions from Ireland, be it following duenacted by the authority aforefaid; That there fhall be paid to commiffioners fuch officer as the commiffioners for the duties on falt for the time for the duties being fhall appoint, at the port in England into which any falt- on falt ; ed beef, pork, bacon, or butter, fhall, in pursuance of his Majefty's royal proclamation, be imported from Ireland as aforesaid,and before any part thereof fhall be delivered out to the perfon or perfons to whom the fame fhall belong or be configned, the fum of viz. 38. 48. three fhillings and four pence for every barrel or cafk of falted beef per barrel for or pork, to be imported during the continuance of this act, con- beef or pork; taining thirty two gallons, and fo in proportion for any greater or leffer quantity; and for every hundred weight of falted beef, Is. 3 d. per called dried beef, or dried neats tongues, or dried hogfmeat, the C. wt. for all fum of one fhilling and three pence; and the fum of four pence dried beef, for every hundred weight of all such salted butter, and fo in pro- neats tongues, portion for any greater or lefs quantity than an hundred weight; and 4 d. per and hogmeat, as or for custom, or for duty, on or in refpect thereof; the mo- C. wt. for all ney fo arifing by the importation of the faid falted beef, pork, falted butter; or butter, to be paid into his Majefty's Exchequer as part of which is to be the duties on falt, laid on by an act in the fifth year of the reign paid over into of his late majefty King George the Second, and continued by as part of the feveral fubfequent acts. duties on falt. IV. And be it further enacted by the authority aforefaid, That Any of the if any perfon or perfons fhall, during the next recefs of parliament, faid provifions land any fuch falted beef, pork, or butter, or any falt beef called being landed without duty dried beef, or dried neat tongues, or dried hogfmeat, into this is first paid, kingdom from Ireland, before payment of the duty or duties by are forfeited, this act specified and directed, the fame fhall be forfeited and loft, with 20s. per and twenty fhillings per barrel for every barrel thereof, and barrel. fo in proportion for any greater or lefs quantity, to be recovered of the importer or proprietor thereof; and that it thall and may be lawful to and for any person or persons, being an officer or officers of the customs, or of his Majefty's duties upon falt, to take and seize all fuch commodities as fhall be imported and landed, contrary to the true intent and meaning of this act, together with the cafks, veffels, and package containing the fame ; and that all fuch penalties and forfeitures fhall be diftributed in Recovery and manner following; that is to fay, one moiety thereof to the application of the penalties. King, his heirs and fucceffors, and the other moiety thereof to the perfon or persons who shall seize, fue, or inform for the fame; to be recovered by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster. V. Provided always, That no drawback shall be allowed or No drawback paid for any fuch falted beef or pork, fo imported into this to be allowed kingdom from Ireland, and which shall be exported from hence tion elsewhere. elsewhere. VI. And be it further enacted by the authority aforesaid, That if any action or fuit fhall be commenced against any person or perfons for any thing done in pursuance of this act, the defendant or defendants, in any fuch action or fuit, may plead the general on exporta |