acts done under the recited orders to be

December then next, upon fecurity being first given for the due landing of fuch flour in the jaid island of Guernsey, and producing certi ficates thereof in the manner directed by the act paffed in the fourteent year of his Majefty's reign, (intituled, An act to regulate the im Order of lord portation and exportation of corn:) and whereas the right honour Dorchefter in able Guy lord Dorchefter, governor and captain general of his Ma 1789, recited. jefty's colonies in North America, did, in the year one thousand fever hundred and eighty-nine, order and direct that flour, meal, bifcuit rice, and Indian corn, might be imported into the province of Quebec by fea, from the united flates of America, in British bottoms navi gated according to law, to the clofe of that year's navigation: an whereas the feveral orders aforefaid cannot be juftified by law, bu were fo much for the fervice of the publick, and fo necessary for th Jafety and prefervation of his Majefty's fubjects, that they ought to b juffed by act of parliament, and all perfons iffuing, advising, or acting under, or in obedience to the faid orders respectively, indemnified; b it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the All fuits for authority of the fame, That all perfonal actions and fuits, indictments, informations, and all profecutions and proceedings whatfoever, which have been or fhall be profecuted or commenced difcharged. against any perfon or persons, for or by reason of any act, matter or thing, advised, commanded, appointed, or done, or forborne to be done, in relation to the faid feveral orders, or any of them, or of any contract or agreement not performed by reafon or by means of, or in obedience to, fuch orders of council, or any of them, be, are and fhall be difcharged and made void by virtue of this act; and that if any action or fuit fhall be profecuted or commenced against any perfon or perfons, for or by reafon of any fuch act, matter, or thing, fo advised, commanded, appointed, or done, or forborne to be done, or fuch contract or agreement not General iffue. performed, he, fhe or they may plead the general iffue, and give If plaintiffs this act and the fpecial matter in evidence; and if the plaintiff or in actions pro- plaintiffs, in any action or fuit fo to be profecuted or commenced after the twenty-fecond day of February one thousand feven hunafter Feb. 22, dred and ninety, in that part of Great Britain called England, or and in Quebec after the first day of July one thoufand feven hundred and ninety after July 1, in the province of Quebec, thall become nonfuit, or forbear farther nonfuit, the profecution, or fuffer difcontinuance, or if a verdict pass against defendants to fuch plaintiff or plaintiffs, the defendant or defendants fhall rerecover dou- cover his, her, or their double cofts, for which he, fhe, or they fhall have the like remedy as in cafes where the costs by law are given to defendants; and if any fuch action or fuit as aforefaid hall be commenced or profecuted after the faid twenty-fecond day of February one thousand seven hundred and ninety, in that pait of Great Britain called Scotland, the court before which fuch action or fuit fhall be commenced or profecuted fhall allow to the defender the benefit of the difcharge and indemnity hereby provided, and fhall further allow him his double cofts of fuit, in all fuch cafes as aforefaid.

fecuted in Great Britain

1790. become

bie cofts.

II. And

II. And be it alfo enacted by the authority aforefaid, That if Defendants in action or fuit hath been already commenced against any per- actions alin or persons for any furch act, matter, or thing, fo advised, com- menced, may ready commanded, appointed, or done, or forborne to be done, or on ac- apply to the count of any fuch contract or agreement not performed, it fhall court to stay ad may be lawful for the defendants or defenders in fuch actions proceedings. uits refpectively, in whatever courts in Great Britain, or in his Majefty's province of Quebec, fuch actions or fuits fhall have been Camenced, to apply to fuch court or courts refpectively to stay proceedings therein refpectively, by motion in a fummary way, and fuch court or courts are hereby required to make order for purpofe accordingly; and the court or courts making such der fhall award and allow, to the defendants or defenders repectively, double cofts of fuit, for which they fhall refpectively have the like remedy as in cafes where the coffs are by law given, defendants or defenders.

III. And be it further enacted by the authority aforefaid, That Wheat, &c. o perfon or perfons whatever fhall, directly or indirectly, export, exported out transport, carry, or convey, or caufe or procure to be exported, of Great Britransported, carried, or conveyed, out of or from any port or place with that intain, or shipt within the kingdom of Great Britain, or load or lay on board, or tent, to be for

procure to be loaded or laid on board of any fhip, veffel, feited, as alfo or boat, in order to be exported, tranfported, carried, or conveyed, the veffel, &c. out of any port or place in Great Britain, any wheat, wheat-flour,

e, rye-meal, barley, barley meal, malt, bread, bifcuit, oats, oatmeal, peafe, or beans, under the penalties and forfeitures hereinafter mentioned; that is to fay, That all and every the faid commodities, which fhall be fo exported, tranfported, carried, or conreyed, or fo loaded or laid on board in any fhip, or other veffel or Boat, in order to be exported, transported, or carried out of the ingdom of Great Britain, contrary to this act, fhall be forfeited, and that every offender or offenders therein fhall forfeit the sum a twenty fhillings for every bufhel of wheat, wheat flour, rye, e-meal, barley, barley-meal, malt, oats, oatmeal, peafe, and beans, and twelve-pence for every pound weight of bread or bifcat which fhall be fo exported, tranfported, carried, or conveyed, fo loaded or laid on board in any fhip, or other veffel or boat, order to be exported, transported, carried, or conveyed, out of from the faid kingdom of Great Britain, and alfo the ship, vessel, boat, in or on board of which any of the faid articles hereinbefore fpecified fhall be fo refpectively exported, tranfported, carred, or conveyed, or in or upon which any of the faid respective articles fhall be fo loaded or laid, in order to be fo exported, tranf ted, carried, or conveyed, and all her guns, furniture, ammution, tackle, and apparel, fhall be forfeited, and fhall and may feized by any officer or officers of the cuftoms, and one moiety

of all the faid penalties and forfeitures fhall be to the King's ma- Application ty, his heirs and fucceffors, and the other moiety to him or of penalties; them who fhall fue for the fame; and for offences which fhall be and how they committed in that part of Great Britain called England, fuch pe- covered. calties and forfeitures fhall be recovered by action of debt, bill,

B 3

plaint,

are to be re

Mafters or

act, and aid

ing therein, to

plaint, or information, in any of his Majesty's courts of record at Westminster; or, where the value of fuch penalties or forfeitures fhall not exceed the fum of fifty pounds, the fame fhal and may be recovered by information at any general quarter feffions of the peace for the county, city, riding, divifion, o place where the offence fhall have been committed, and in fuch fuit, no effoin, protection, privilege, or wager of law, fhall be allowed; and for offences which fhall be committed in that par of Great Britain called Scotland, the fame fhall and may be reco vered by action, or fummary bill on information in the courts of feffion or exchequer in Scotland; or where the value of such pe nalties or forfeitures fhall not exceed the fum of fifty pounds, th fame fhall and may be recovered by fummary bill or information at any general quarter feffions of the peace, by action in the she riffs or ftewards court of the county or ftewartry where the of mariners hav- fence fhall be committed; and that the mafter and mariners c ing knowledge any fuch fhip, veffel, or boat, wherein any fuch offence fhall bi of offences committed, having knowledge of fuch offence, and witting! against this and willingly aiding and affifting therein, and being thereof dul convicted in any fuch courts refpectively as aforefaid, fhall be im be imprisoned. prifoned for the space of three months, without bail or mainprize The articles IV. Provided always, That this act, or any thing herein con herein enume- tained, fhall not extend, or be conftrued or deemed to extend, t rated may be prohibit any of the feveral articles herein enumerated from bein carried coaftwife, or for carried coaftwife, nor to prohibit the exportation of fo much c the diet of the faid feveral articles refpectively as fhall be neceffary to be car crews, &c. ried in any ship or fhips, or other veffel or veffels, on their re fpective voyages out and home, for the fuftenance, diet, and fup port of the commanders, masters, mariners, paffengers, or others in the fame fhips or veffels only, or for the victualling or pro viding any of his Majefty's fhips of war, or other ships or veffel in his Majefty's fervice, or for his Majefty's forces, forts, or gar rifons, or to Gibraltar, Saint Helena, the islands of Guernsey Ferfey, Alderney, and the Isle of Man, for the fuftenance and ut of the inhabitants thereof; nor to prohibit the exportation of th fame respectively to the British forts, caftles, or factories in Africa for the fupport of the perfons refiding therein, or for the use o fhips or veffels trading on that coaft that have been usually fup plied with the fame from Great Britain; ncr to prohibit the ex portation of the fame refpectively to the island of Newfoundland for the benefit of the British fishery there, or to Hudjon's Bay i North America, for the benefit of the Hudjon's Bay company an their fervants refiding there, or to the bay of Honduras, for th fuftenance and ufe of the British fettlers there, of fuch forts an kinds only respectively, and only in fuch quantities and propor tions refpectively, and under and fubject to all fuch terms, con ditions, provifions, fecurities, rules, regulations, reftrictions, pe nalties, and forfeitures as are now directed, provided, and efta blifhed, touching and refpecting the exportation of the fevera articles aforefaid refpectively to the feveral places aforefaid re spectively, by any act or acts of parliament now in force.

enumerated

America, in

V. Provided alfo, and be it further enacted, That nothing in The articles this act contained fhall extend, or be conftrued or deemed to ex- herein-after tend, to prohibit the feveral articles herein-after expreffed being may be exexported out of and from the ports of London, Bristol, Liverpool, ported from or Glasgow, and none other, to his Majefty's fugar colonies in London, &c. Asrica, for the fuftenance and ufe of the inhabitants of the faid to the fugar colonies, fo as the whole quantity, to be fo exported before the colonies in fifth day of July one thousand feven hundred and ninety, do not the quantities exceed the feveral quantities hereafter refpectively limited; that herein speciis to fay, Five thousand and fifty-feven quarters of beans, two fied, &c, thousand feven hundred and eighty quarters of oats, one thousand one hundred and fixty quarters of oatmeal, eight hundred and fifteen quarters of peafe, one hundred and fixty-feven quarters of rye, two hundred and eighty-five quarters of wheat, and eight thoufand nine hundred and twenty-two quarters of wheat-flour; which quantities fhall be exported in fuch proportions refpectively, from fuch of the before mentioned ports respectively, ta fuch of the faid fugar colonies refpectively, as fhall be directed by the lords of the committee of his Majefty's privy council appointed for the confideration of all matters relating to trade and foreign plantations, and under and fubject to all fuch terms, conditions, provifions, fecurities, rules, regulations, reftrictions, penalties, and forfeitures, to which fuch articles are refpectively fubject by any act or acts of parliament in force for the exportation of corn, grain, or flour to his Majefty's fugar colonies in America.

&c. legally warehoused,

may be ex

VI. Provided alfo, That nothing in this act contained fhall Foreign corn, extend, or be conftrued or deemed to extend, to prevent any foreign corn and grain, and flour and meal, which is now or which fhall hereafter be warehoused, under the joint locks of the ported from King and of the importer or proprietor of fuch corn, grain, flour, fuch ware and meal, in manner directed by an act paffed in the thirteenth house. year of the reign of his prefent Majefty, intituled, An act to regulate the importation and exportation of corn, from being exported from Great Britain; but that the fame fhall and may be exported directly from the warehouse or warehouses wherein the fame refpectively now are, or hereafter fhall be, secured in manner aforetaid, under the feveral rules, regulations, conditions, restrictions, penalties, and forfeitures, under which fuch foreign corn and grain, flour and meal, fo warehoused in pursuance of the afore. faid act of the thirteenth year of his prefent Majefty's reign, may be exported, by the feveral laws now in force; nor to prevent Foreign or any foreign corn and grain, and flour and meal, nor any British British corn, corn, grain, peafe, beans, malt, flour, oatmeal, bread, and bif- &c. entered cuit, which were refpectively entered for exportation, or loaded London for or laid on board of any fhip, veffel, or boat for exportation, ac- exportation, cording to law, in the port of London, before the publication of before the his Majefty's faid order in council, dated the twenty-third day of publication in December one thoufand feven hundred and eighty-nine, in the and at other London Gazette, or which were respectively entered for exporta- ports, before tion, or loaded or laid on board of any fhip, veflel, or boat for the receipt at the customs expor- of the order

B 4

or loaded at

the Gazette,

in council of exportation, according to law, in the feveral other ports or places Dec. 23, 1789, in Great Britain, before the collectors of his Majesty's customs may be ex

ported.

before Dec.

at the faid feveral ports or places had received his Majefty's faid order in council, dated the twenty-third day of December ond thousand feven hundred and eighty-nine, but that the fame fhal and may be exported from Great Britain, under the feveral fecurities, rules, regulations, conditions, reftrictions, penalties, and forfeitures, under which fuch foreign corn and grain, and flour and meal, or fuch British corn, grain, peafe, beans, malt, flour, oatmeal, bread, and biscuit, may be exported by the feveral laws now in force.

Malt made or. VII. Provided alfo, That nothing in this act contained fhall declared for extend, or be deemed or conftrued to extend, to prohibit the exexportation portation of fuch malt as fhall have been made or declared for 29, 1789, may exportation, on or before the twenty-eighth day of December one be exported, thousand seven hundred and eighty-nine, upon the proprietor or on certificate proprietors of fuch malt as aforefaid producing to the collector or from the ex- chief officer of the cuftoms, at the port where fuch malt as aforefaid fhall be exported, a certificate or certificates, from the officer or officers of the excife with whom the entry of the corn intended to be made into fuch malt as aforefaid for exportation shall have been made, that fuch malt was actually declared or made for exportation on or before the twenty-eighth day of December, in the year one thoufand feven hundred and eighty-nine.

cife officer..

Ships at London laden

with wheat,

&c. for the

in' America before the

publication in

the Gazette, and at other ports before the receipt at the customs,

VIII. Provided nevertheless, That nothing in this act con tained fhall extend, or be deemed or conftrued to extend, to prevent the feveral thips or veffels now in the port of London, which fugar colonics were laden with wheat and meal, flour, bread and bifcuit, before the publication of his Majefty's faid order in council, dated the twenty-third day of December one thousand feven hundred and eighty-nine, in the London Gazette, and which were respectively entered according to law for exportation to his Majefty's fugar colonies in America, from proceeding to their refpective ports of delivery in the fugar colonies aforefaid; nor to hinder the several fhips now in the faid port of London, which were laden with any other fort of corn and grain, peafe or beans, ground or unground, malt or oatmeal, before the publication of his Majesty's faid order in council, dated the twenty-third day of December one thousand feven hundred and eighty-nine, in the London Gazette, or which were fo laden in any other port or place in Great Britain, before the collectors of his Majefty's cuftoms at thofe ports refpectively had received that order of his Majefty in council, and which were refpectively entered according to law for exportation to his Majefty's faid fugar colonies in America, from proceeding to their refpective ports of delivery, under the feveral fecurities, rules, regulations, conditions, reftrictions, penalties, and forfeitures, under which the fame articles may be exported reípectively to his Majefty's fugar colonies aforefaid, by any law now in force.

of the order in council of Dec 23, 1789, may proceed on

their voyages.

Wheat, &c. may be imported into England,

IX. And be it further enacted by the authority aforefaid, That it shall and may be lawful for any perfon or perfons whatever to import into any of the ports of that part of Great Britain called

England,