27 Hen. S.

TITLE XXVII.-WALES.

Rule 1. THE dominion of Wales shall be, for ever from henceforth, incorc. 26. 1. porated, united, and annexed to and with this realm of England; and all persons, born and to be born in Wales, shall have, enjoy, and inherit, all freedoms, liberties, rights, privileges, and laws, within this realm, and other the King's dominions, as other the King's subjects naturally born within the same have, enjoy, and inherit.

§ 2.

20 Geo. 2. c. 42. § 3.

20 Geo. 2. c. 42. § 3.

5 & 6 Ann.

c. 8. art. 1. Union.

Freedom of

Rule 2. The laws, ordinances, and statutes of this realm of England, for ever, and none other, shall be had, used, practised, and executed in Wales, and every part thereof, in like manner, form, and order as they be and shall be had, used, practised, and executed in this realm, and in such manner and form as hereafter by this act shall be further established and ordained.

Rule 3. In all cases where the kingdom of England hath been or shall be mentioned in any act of parliament, the same has been and shall from henceforth be deemed to comprehend and include the dominion of Wales.

TITLE XXVIII.-BERWICK UPON TWEED.

Rule 1. In all cases where the kingdom of England hath been or shall be mentioned in any act of parliament, the same has been and shall from henceforth be deemed to comprehend and include the town of Berwick Upon Tweed.

TITLE XXIX.

SCOTLAND-GENERAL REGULATIONS.

[SCOTLAND and England, it will be seen by Articles five, six, and seven of the following act, are placed on the same footing with regard to trade. There are however separate establishments of customs and excise in Scotland, and the orders quoted as notes throughout this work are consequently to be considered as applicable only to England and Wales, unless it is otherwise expressed. Some of the laws affect Scotland alone, and are therefore placed under this title, and others immediately following it. Those concerning both England and Scotland are classed accordingly under their respective titles.]

Rule 1. "THAT the two kingdoms of England and Scotland shall upon the 1st day of May which shall be in the year 1707, and for ever "after, be united into one kingdom by the name of Great Britain; and "that the ensigns armorial of the said United Kingdom be such as Her

Majesty shall appoint, and the crosses of St. George and St. An"drew be conjoined in such manner as Her Majesty shall think fit, "and used in all flags, banners, standards, and ensigns, both at sea " and land."

Rule 2. "That all the subjects of the United Kingdom of Great trade, art. 4. "Britain shall, from and after the union, have full freedom and intercourse of trade and navigation to and from any port or place within the " said United Kingdom, and the dominions and plantations thereunto "belonging; and that there be a communication of all other rights, privileges, and advantages, which do or may belong to the subjects "of either kingdom; except where it is otherwise expressly agreed in "these articles."

British ships, art. 5.

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Rule 3. "That all ships or vessels belonging to Her Majesty's sub"jects of Scotland, at the time of ratifying the treaty of union of the

"two kingdoms in the parliament of Scotland, though foreign-built, be 5 & 6 Aun. "deemed and pass as ships of the built of Great Britain; the owner, c. s. "or where there are more owners, one or more of the owners, within "12 months after the 1st of May next, making oath, that at the time "of ratifying the treaty of union in the parliament of Scotland, the "same did, in whole or in part, belong to him or them, or to some "other subject or subjects in Scotland, to be particularly named, with "the place of their respective abodes; and that the same doth then, " at the time of the said deposition, wholly belong to him or them; " and that no foreigner, directly or indirectly, hath any share, part, or "interest therein; which oath shall be made before the chief officer or "officers of customs, in the port next to the abode of the said owner or owners; and the said officer or officers shall be impowered to ad"minister the said oath; and the oath, being so administered, shall be "attested by the officer or officers who administered the same; and "being registered by the said officer or officers, shall be delivered to "the master of the ship for security of her navigation; and a duplicate "thereof shall be transmitted by the said officer or officers, to the chief "officer or officers of the customs in the port of Edinburgh, to be "there entered in a register, and from thence to be sent to the port "of London, to be there entered in the general register of all trading "ships belonging to Great Britain."

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Rule 4. "That all parts of the United Kingdom for ever, from Trade, art. 6. "and after the union, shall have the same allowances, encourage"ments, and drawbacks, and be under the same prohibitions, re"strictions, and regulations of trade, and liable to the same customs " and duties on import and export; and that the allowances, encouragements, and drawbacks, prohibitions, restrictions, and regula❝tions of trade, and the customs and duties on import and export, "settled in England when the union commences, shall, from and after "the union, take place throughout the whole United Kingdom: ex"cepting and reserving the duties upon export and import of such "particular commodities, from which any persons, the subjects of "either kingdom, are specially liberated and exempted by their pri"vate rights, which, after the union, are to remain safe and entire "to them in all respects, as before the same. And that from and Scots cattle. "after the union, no Scots cattle carried into England shall be liable to "any other duties, either on the public or private accounts, than those "duties to which the cattle of England are or shall be liable within "the said kingdom.”

25.

Rule 5. "That all laws and statutes in either kingdom, so far as Laws inconthey are contrary to or inconsistent with the terms of these articles, sistent, art. of them, shall, from and after the union, cease and become "void, and shall be so declared to be, by the respective parliaments "of the said kingdoms."

66

or any

How far acts

Rule 6. Every act of parliament made in England, and in force 6 Ann. c. 26. there, touching any customs or subsidies there, and also every act § 17. of parliament made in England, and now in force, touching any ex- of parliament cise there, and all the authorities, powers, jurisdictions, qualifications to extend to of officers and seizers, directions for navigation, and for carrying Scotland. goods coastwise, forfeitures, penalties, duties, and the ways and means for the recovering of them or any of them, and all other matters and things in them or any of them contained, which are not contrary to or inconsistent with the aforesaid articles of the union of

6 Ann. c. 26. the two kingdoms of England and Scotland, or any of them, shall extend to Scotland, and shall and may be cognoscible in and put in execution by the court of exchequer in Scotland, as to all matters and things happening or arising in Scotland, as the same or any of them do extend, or may or might be put in execution, as to any matters or things touching customs and excise, or any other the things aforesaid, happening or arising in England; and all offences and offenders in any the said matters shall and may be sued and prosecuted for the same in the said court of exchequer in Scotland: and the merchants and other persons entitled to any benefits, allowances, advantages, or remedies, touching any the said customs or excise in Scotland, shall have and enjoy the same in Scotland, as they may or might if the same were or arose in England; and the officers of customs and excise in Scotland are required to make and allow the same accordingly; and the barons of the court of exchequer in Scotland are required and enabled to cause right to be done by and to all persons concerned therein.

46 Geo. 3.

Permit.

TITLE XXX.-Corn.

Rule 1. No malt shall be removed from any one place in the highc. 102. § 36. lands of Scotland to any other place in the said highlands, or from any place without the said highlands to any place within the said highlands, unless accompanied with a true and lawful permit (according to such form as shall be provided by the commissioners of excise) from the proper officer of excise, on pain of forfeiting all such malt as shall be removed without such permit, and also the horses, carts, cattle, waggons, and other carriages, or boats or vessels, employed in removing the same; and the same may and shall be seized by any officer of customs or excise. (a)

6 Geo. I.

c. 13. § 3. Exporting serges, &c.

TITLE XXXI.-Linen, Serges, &c.

Rule 1. If any person in Scotland shall buy, export, or transport, or carry to the water-side in order to be exported or transported, any serges, pladings, fingrums, or stockings of Scotland, before being duly anstamped. stamped, he, being thereof convicted, shall, for each piece of such serge, pladings, and fingrums, forfeit 20s.; and for every dozen pair Counterfeit of such stockings 20s.; and if any person shall affix or counterfeit any stamp without due authority, he shall forfeit 5l. or suffer six months' imprisonment, if found insolvent.

ing.

24 Geo. 2.

Bleachers.

Rule 2. All licensed bleachers shall mark or stamp, or cause to be c. 31. § 17. marked or stamped, in legible letters on each end of every piece of cloth by them bleached or whitened, their names and places of abode, with the addition of bleacher, under the penalty of a sum not exceeding 20s. for every piece of cloth which shall not be so marked. (6)

Irish cloth

Rule 3. All linen cloth of the manufacture of Ireland, imported unstamped, into, or exposed to sale in Scotland, which shall not have the seals or $ 20.

(a) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100. (b) By 54 Geo. 3. c. 127. any person may export to foreign parts from any of the ports of Scotland or Ireland, any linen cloth from which the stamp may have been cut or taken, and may cut or take the stamp there from for the purpose of so exporting such cloth to foreign parts, saving and reserving always the rights and claims of all persons concerned to any legal bounties payable in respect of such linen cloth.

stamps of some stamp-master appointed by the trustees for the linen 24 Geo. 2. manufacture in Ireland affixed thereon, shall be forfeited, and shall be c. 31. seized and tried in the same manner as is directed by the said act, with regard to such linen of the manufacture of Scotland, as is exposed to sale without being stamped. (a)

mark their

names, § 21.

Rule 4. Every maker and cutter of stamps or seals of any kind for Makers of stamping of cloth shall, upon some proper part of every stamp or seal stamps to by him made, mark his name and place of abode, and shall take an impression of every such seal or stamp in a book to be kept for that purpose, and shall enter in such book the name and designation of the person by whom he was employed, and to what person and at what time such seal or stamp was delivered, under the penalty of 50l. for each of the said offences.

§ 22.

Rule 5. If any person shall counterfeit any seal or stamp made in Counterfeitpursuance of this act, or any seal or stamp of any stamp-master ap- ing stamps, pointed by the trustees for the linen manufacture in Ireland, he so counterfeiting the same, and being thereof lawfully convicted before the court of justiciary at Edinburgh, or in the circuits, shall suffer the same pains and penalties as persons by the law of Scotland convicted of forgery.

Rule 6. No person shall by force or violence obstruct, hinder, or Obstructing impede any officer appointed or to be appointed by the said trustees in officers, ◊ 24. the due execution of his duty, under the penalty of forfeiting a sum not exceeding 50l. nor less than 5/. for every such offence.

Rule 7. All offences against this act (except only as to the counter- Trial of of feiting of seals or stamps) shall and may be heard and determined by fences, § 25. the justices of peace or magistrates of any burghs, or any one of them, within their respective jurisdictions, after the same form and manner, and with the same powers as are mentioned in the aforesaid act, with regard to offences committed against that act; and all offences against this and the aforesaid act (except as aforesaid), shall and may be also heard and finally determined by any of His Majesty's sheriff or stewart deputes, or their substitutes, subject only to an appeal to the lords of justiciary or their circuit courts.

Rule 8. All penalties or forfeitures which shall be incurred for Penalties, offences against this act shall be paid and delivered to the informer or 26. prosecutor, and be adjudged to be payable and deliverable to him.

Rule 9. All actions shall be commenced for offences against this Limitation of act, and the said former act, within 12 months after the commission actions, § 27. of such offence; and all actions to be commenced for the same shall cease, and are hereby discharged, from the expiration of eight full months from the commencement of the suit; and if any appeal, either Appeal. from the magistrates or justices of the peace to the quarter sessions, or from the sheriff or stewart deputes, or their substitutes, to the circuit court, shall not be determined at the expiration of eight months from the commencement of the action, the sentence appealed from shall take place and be put in execution, as if no appeal had been entered against the said sentence.

Rule 10. All sheriff and stewart deputes, sheriff and stewart sub- How act to be stitutes, justices of peace and magistrates of burghs, shall interpret interpreted, and put this act, and the said former act in execution, in the most beneficial manner for promoting the linen and hempen manufactures;

(a) See note (b) in preceding page.

$ 29.

24 Geo. 2. c. 31. Magistrates refusing to

act.

Account of

and if any of the said sheriffs, &c. shall wilfully neglect or refuse to execute the powers and authorities committed to them by this and the said former act, so as that such neglect or refusal shall tend to the discouragement or detriment of the said manufactures, such neglect or refusal shall be a point of dittay, and the person so offending may be prosecuted before and punished by the lords of justiciary, in manner prescribed by the said former act.

Rule 11. The controller of customs in Scotland, or his deputy, flax, &c. § 29. shall, without fee or reward, in the month of December yearly, on demand, deliver into the said trustees an account for the year ending at Midsummer preceding, of all flaxseed and hempseed, and of all flax and hemp, and also of all pot-ashes, and all linen, flaxen, or hempen yarn, and linen cloth, imported into Scotland, distinguishing the several ports from whence and at which the same were imported; as also an account of all flax and hemp, and all linen, flaxen, or hempen yarn, and also of all pot-ashes shipped in and exported from Scotland, distinguishing the several ports from and to which the same shall be shipped, and of all linen cloth shipped in and exported from Scotland, distinguishing the several ports from and to which the same shall be shipped and exported, and distinguishing the several bounties paid upon the exportation of such cloth.

13 Geo. 1.

TITLE XXXII.-Linseed and Hempseed.

Rule 1. No person shall import into Scotland any bad, mixed, or c. 26. § 1. damnified linseed or hempseed; but all linseed and hempseed that shall be imported into Scotland of the growth of the Netherlands, Russia, Livonia, Poland, Germany, or other places, shall be fresh, good, and clean, without mixture.

24 Geo. 2.

Bad linseed

or hempseed.

Rule 2. Every person who shall import, or cause to be imported, c. 31. 1. into any place in Scotland, any bad, mixed, or damnified linseed or hempseed, or any linseed or hempseed which shall not be thoroughly cleansed, or any linseed commonly called or known by the name of short linseed, he shall, for every such offence, forfeit such linseed or hempseed, and shall also be subject to a penalty, not exceeding 31. for every hogshead of such seed; and so in proportion for any less quantity.

Damaged

linseed or hempseed,

§ 2.

Selling bad

linseed or hempseed,

$3.

Rule 3. If all or any of such damnified linseed or hempseed shall be only damaged in the conveyance by sea, the importer or proprietor thereof shall not be liable to the said forfeiture or penalty; in case he shall immediately, upon the landing of such seed, produce sufficient proof before some justice of the peace, or other magistrate, that such damage was occasioned as aforesaid, and give sufficient security as soon as may be unto the trustees appointed, or to be appointed, in pursuance of the foregoing act 13 Geo. 1. c. 26. that such seed shall not be sown, but shall be made into oil, or exported, under the penalty of 51. for every hogshead of such damnified seed; and so in proportion for any less quantity.

Rule 4. If any linseed or hempseed of the growth of Scotland shall be bad, short, damnified, or otherwise improper and unfit for sowing, the proprietor thereof shall not be subject to any penalty or forfeiture inflicted by the said act, for the selling or exposing to sale any bad or damnified linseed or hempseed, in case he shall, before he shall sell such seed, or expose the same to sale, give sufficient security