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December then next, upon security being first given for the due land ing of such flour in the said island of Guernsey, and producing certificates thereof in the manner directed by the ałt passed in the fourteenth

year of his Majesty's reign, (intituled, An act to regulate the imOrder of lord 'portation and exportation of corn:) and whereas the right honour. Dorchester in able Guy lord Dorchester, governor and captain general of his Ma1789, recitei.

jesty's colonies in North America, did, in the year one thousand seven bundred and eighty-nine, order and direct that flour, meal, biscuit

, rice, and Indian corn, might be imported into the province of Quebec, by sea, from the united states of America, in British bottoms naviGated according to law, to the close of that year's navigation: ani whereas the jeveral orders aforesaid cannot be justified by law, bui were so much for the service of the publick, and so necessary for the Jasts and preservation of his Majesty's subjeéts, that they ought to be jupfied by ait of parliament, and all persons issuing, advising, or alting under, or in obedience to the said orders respectively, indemnified; be it therefore enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal,

and commons, in this present parliament afsembled, and the All suits for Euthority of the same, That all personal actions and suits, indict. acts done in, ments, informations, and all prosecutions and proceedings what orders to be foever, which have been or shall be prosecuted or commenced discharged. against any person 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 said several orders, or any of them, or of any contract or agrcement not performed by reason or by means of, or in obedience to, such orders of council, or any of them, be, are and shall be discharged and made void by virtue of this act; and that if any action or suit shall be prosecuted or comnenced against any person or persons, for or by reason of any such act, matter, or thing, fo advised, commanded, appointed, or

done, or forborne to be done, or such contract or agreement not General issue. performed, he, she or they may plead the general illue, and give If plaintiffs this act and the special matter in evidence; and if the plaintiff or in actions pro- plaintiffs, in any action or fuit fo to be prosecuted or commenced Great Critain after the twenty-second 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 thousand seven hundred and ninety, atter July 1,

in the province of Quebec, thall become nonsuit, or forbear farther 1790, become nontuit, the prosecution, or suffer discontinuance, or if a verdict pass against defendants to such plaintiff or plaintiffs, the defendant or defendants shall rerecover dou. cover his, her, or their double costs, for which he, she, or they bie costs.

shall have the like remedy as in cases where the costs by law are given to defendants; and if any such action or fuit as aforesaid hall be commenced or prosecuted after the said twenty-second day of February one thousand seven hundred and ninety, in that part of Great Britain called Scotland, the court before which such action or suit shall be commenced or prosecuted shall allow to the defender the benefit of the discharge and indemnicy hereby pro: vided, and shall further allow him his double costs of fuit, in all such cases as aforesaid.

II. And

II. And be it also enacted by the authority aforesaid, That if Defendants in ay action or fuit hath been already commenced against any per

actions al

ready comben or persons for any such act, matter, or thing, so advised, com.

menced, may manded, appointed, or done, or forborne to be done, or on ac- apply to the tzant of any such contract or agreement not performed, it shall court to stay and may be lawful for the defendants or defenders in such actions proceedings.

or suits respectively, in whatever courts in Great Britain, or in his Majelty's province of Quebec, such actions or suits Thall have been sammenced, to apply to such court or courts respectively to stay å proceedings therein respectively, by motion in a summary way, and fuch court or courts are hereby required to make order for at purpose accordingly; and the court or courts making such der thall award and allow, to the defendants or defenders repectively, double costs of suit, for which they shall respectively have the like remedy as in cases where the costs are by law given, to defendants or defenders.

III. And be it further enacted by the authority aforesaid, That Wheat, &c. 50 person or persons whatever shall, directly or indirectly, export, exported out transport , carry, or convey, or cause or procure to be exported, of Great

Britraníported, carried, or conveyed, out of or from any port or place with that in within the kingdom of Great Britain, or load or lay on board, or tent, to be forcaufe or procure to be loaded or laid on board of any ship, vessel, feited, as also er boat

, in order to be exported, transported, carried, or conveyed, the vessel, &c. out of any port or place in Great Britain, any wheat, wheat-flour, rye-meal, barley, barley-meal, malt, bread, biscuit, oats, oatneai

, peale, or beans, under the penalties and forfeitures hereinÁter mentioned; that is to say, That all and every the said commodities, which shall be so exported, transported, carried, or conpeyed, or so loaded or laid on board in any fhip, or other vellel or bar, in order to be exported, transported, or carried out of the tingdom of Great Britain, contrary to this act, shall be forfeited,

and that every offender or offenders sherein shall forfeit the sum of twenty fhillings for every bushel of wheat, wheat-four, rye, te-neal

, barley, barley-meal, malt, oats, oatmeal, pease, and bears, and twelve-pence for every pound weight of bread or biscuit which Ihall be lo exported, transported, carried, or conveyed, er fo loaded or laid on board in any ihip, or other vessel or boat, a order to be exported, transported, carried, or conveyed, out of e from the said kingdom of Great Britain, and also the thip, vessel, s boat, in or on board of which any of the said articles hereina tsfore specified Thall be so respectively exported, transported, car

ed, or conveyed, or in or upon which any of the said respective articles shall be fo loaded or laid, in order to be so exported, trani. ported

, carried, or conveyed, and all her guns, furniture, ammuston , tackle, and apparel, shall be forfeited, and shall and may

I by any officer or officers of the customs, and one moiety call the said penalties and forfeitures shall be to the King's ma- Application sty

, bis heirs and successors, and the other moiety to him or of penalties; them who fhall sue for the fame; and for offences which thall be and how they

are to be recommitted in that part of Great Britain called England, such pe- covered. values and forfeitures shall be recovered by action of debt, bill, B3

1 3

!

plainty

4

plaint, or information, in any of his Majesty's courts of record at Westminster; or, where the value of such penalties or forfeitures shall not exceed the sum of fifty pounds, the same shall and inay be recovered by information at any general quarter sessions of the peace for the county, city, riding, division, or place where the offence shall have been committed, and in such fuit, no effoin, protection, privilege, or wager of law, fhall be allowed; and for offences which shall be committed in that part of Great Britain called Scotland, the same shall and may be recovered by action, or summary bill on information in the courts of session or exchequer in Scotland; or where the value of such penalties or forfeitures shall not exceed the sum of fifty pounds, the same shall and may be recovered by summary bill or information

at any general quarter feflions of the peace, by action in the theMasters or

riffs or stewards court of the county or stewartry where the of. mariners havo fence shall be committed; and that the master and mariners of ing knowledge any such ship, vessel, or boat, wherein any such offence hall be of offences

committed, having knowledge of such offence, and wittingly against this act, and aid

and willingly aiding and assisting therein, and being thereof duly ing therein, to convicted in any such courts respectively as aforesaid, shall be imbe imprisoned. prisoned for the space of three months, without bail or mainprize. The articles IV. Provided always, That this act, or any thing herein conherein enume- tained, shall not extend, or be construed or deemed to extend, to rated may be prohibit any of the several articles herein enumerated from being wise, or for

carried coastwise, nor to prohibit the exportation of fo much of the diet of the said several articles respectively as shall be necessary to be carcrews, &c. ried in any fhip or fhips, or other vessel or veslels, on their re

spective voyages out and home, for the fuftenance, diet, and fupport of the commanders, masters, mariners, passengers, or others, in the same ships or vessels only, or for the victualling or providing any of his Majesty's ships of war, or other ships or vessels in his Majesty's service, or for his Majesty's forces, forts, or garrisons, or to Gibraltar, Saint Helena, the islands of Guernsey,

Jersey, Alderney, and the Isle of Man, for the sustenance and use of the inhabitants thereof; nor to prohibit the exportation of the same respectively to the British forts, castles, or factories in Africa, for the support of the persons residing therein, or for the use of fhips or vessels trading on that coast that have been usually fupplied with the same from Great Britain; ner to prohibit the ex, portation of the same respectively to the island o* Neaufoundland, for the benefit of the British fishery there, or to Hudjón's Bay in North America, for the benefit of the Hudson's Bay company their servants residing there, or to the bay of Honduras, for the fuftenance and use of the British settlers there, of such forts and kinds only respectively, and only in such quantities and proportions respectively, and under and subject to all such terms, conditions, provisions, securities, rules, regulations, restrictions, penalties, and forfeitures as are now directed, provided, and etta; blished, touching and respecting the exportation of the several articles aforesaid respectively to the several places aforesaid re{pectively, by any act or acts of parliament now in force.

and

V. Provided also, and be it further enacted, That nothing in the articles
this ac contained thall extend, or be construed or deemed to ex- herein-after
send
, to prohibit the several articles herein-after expressed being may be ex-

cnumerated
exported out of and from the ports of London, Bristol, Liverpool, ported from
a Galgow, and none other, to his Majesty's fugar colonies in London, &c.
dserica

, for the sustenance and use of the inhabitants of the said to the lugar coknies , so as the whole quantity, to be fo exported before the colonies in

America, in fith day of July one thousand feven hundred and ninety, do not the quantities pred the several quantities hereafter respectively limited ; that herein speciis to say, Five thousand and fifty-seven quarters of beans, two fied, &c. thousand seven hundred and eighty quarters of cats, one thousand one hundred and fixty quarters of oatmeal, eight hundred and fifien quarters of peale, one hundred and fixty-seven quarters of Fre, two hundred and eighty-five quarters of wheat, and eight thousand nine hundred and twenty-two quarters of wheat-four; which quantities thall be exported in such proportions respectively

, from such of the before mentioned ports respectively, ta luch of the said fugar colonies respectively, as shall be directed by the lords of the committee of his Majesty's privy council appointed for the confideration of all matters relating to trade and foreign plantations, and under and subject to all such terms, condigions

, provisions, securities, rules, regulations, reftrictions, pe. falties, and forfeitures, to which such articles are respectively Subject by any

act or acts of parliament in force for the exportason of corn, grain, or flour to his Majesty's lugar colonies in VI. Provided also, That nothing in this act contained shall Foreign corn, extend, or be construed or deemed to extend, to prevent any warehoused,

&c. legally foreign corn and grain, and Aour and meal, which is now or which fall hereafter be warehoused, under the joint locks of the ported from King and of the importer or proprietor of such corn, grain, four, fuch

ware: and mcal, in manner directed by an act pafled in the thirteenth house. peat of the reign of his present Majesty, intituled, An act to regu. date the importation and exportation of corn, from being exported from Great Britain ; but that the same mall and may be exported directly from the warehouse or warehouses wherein the same re

now are, or hereafter thall be, secured in manner aforetard, under the several rules, regulations, conditions, restrictions, penalties, and forfeitures, under which such foreign corn and 2, lour and meal, so warehoused in pursuance of the afore. lud act of the thirteenth year of his present Majesty's reign, may be exported, by the several laws now in force; nor to prevent Foreign or

corn and grain, and Aour and meal, nor any British British corn, con grain , pease, beans, malt, Aour, oatmeal, bread, and bis- &c. entered

or loaded at cuit

, which were respectively entered for exportation, or loaded London for
« laid on board of any fhip, vessel, or boat for expirtation, ac- exportation,
cording to law, in the port of London, before the publication of before the
bis Majesty's
said order in council, dated the twenty-third day of publication in

the Gazette, December one thousand seven hundred and eighty-nine, in the and at other London Gazette, or which were respectively entered for exporta- ports, before well, or loaded or laid on board of any ship, veflel, or boat for the receipt at B 4

America.

may be

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any foreign

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

at the said several ports or places had received his Majesty's faid ported.

order in council, dated the twenty-third day of December one thousand seven hundred and eighty-nine, but that the same shall and may be exported from Great Britain, under the several fecurities, rules, regulations, conditions, restrictions, penalties, and forfeitures, under which such foreign corn and grain, and flour and meal, or such 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 also, That nothing in this act contained shall declared for extend, or be deemed or construed to extend, to prohibit the exexportation

portation of such malt as shall have been made or declared for before Dec. 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 such malt as aforesaid producing to the colleétor or from the excise officer..

chief officer of the customs, at the port where such malt as aforefaid shall be exported, a certificate or certificates, from the officer or officers of the excise with whom the entry of the corn intended to be made into such malt as aforesaid for exportation shall have been made, that such malt was actually declared or made for ex, portation on or before the twenty-eighth day of December, in the

year one thousand seven hundred and eighty-nine. Ships at Lon

VIII. Provided nevertheless, That nothing in this act con, don ladlen tained shall extend, or be deemned or construed to extend, to prewith wheat, &c. for the

vent the several thips or veflets now in the port of London, which fugar colonica were laden with wheat and meal, flour, bread and biscuit, before in America the publication of his Majeity's faid order in council, dated the before the twenty-third day of December one thousand seven hundred and publication in the Gazette,

eighty-nine, in the London Gazette, and which were respectively and at other entered according to law for exportation to his Majesty's sugar ports before colonies in America, from proceeding to their respective ports of the receipt at delivery in the fugar colonies aforesaid ; nor to hinder the several the customs, thips now in the laid port of London, which were laden with any of the order in council

other sort of corn and grain, peale or beans, ground or unground, of Dec-23,

malt or oatmeal, before the publication of his Majesty's said order 1789, may

in council, dated the twenty-third day of December one thousand procerd on

seven hundred and eighty-nine, in the London Gazette, or which their voyages. were ro laden in any other port or place in Great Britain, before

the collectors of his Majesty's customs at those ports respectively had received that order of his Majesty in council, and which were respectively entered according to law for exportation to his Majesty's said sugar colonies in America, from proceeding to their respective ports of delivery, under the several securities, rules, regulations, conditions, restrictions, penalties, and forfeitures, under which the same articles may be exported respectively to his

Majesty's sugar colonies aforesaid, by any law now in force. Wheat, &c. IX. And be it further enacted by the authority aforesaid, That may be im

it shall and may be lawful for any person or persons whatever to ported into England, import into any of the ports of that part of Great Britain called

England,

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