commodities

kingdoms of Great Britain or Ireland, may, at this time, be greatly prejudicial to his Majesty's fubjects; be 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 authority of the fame, That no perfon or perfons whatfoever fhall, directly or No perfon indirectly, export, tranfport, carry, or convey, or caufe or pro- fhall export, cure to be exported, tranfported, carried, or conveyed, out of &c. any of the or from the faid kingdoms of Great Britain or Ireland; or load here mentionor lay on board, or caufe or procure to be laden or laid on ed, from Great board, in any ship or other veffel, or boat, in order to be ex- Britain or Ireported or carried out of the faid kingdoms of Great Britam or land, Ireland, any fort of corn, grain, meal, malt, flour, bread, bifcuit, or ftarch, under the penalties and forfeitures herein after mentioned; that is to fay, That all the faid commodities that on forfeiture fhall be fo exported, fhipped, or laid on board, or loaded to be of the fame; exported, shipped, or carried out, contrary to this act, fhall be forfeited; and that every offender or offenders therein shall forfeit the fum of twenty fhillings for every bufhel of corn, and 20 s. per grain, malt, meal, or flour; and twelve pence for every pound bushel, for all weight of bread, bifcuit, or ftarch; and fo in proportion for corn, grain, malt, meal, any greater or lefs quantity which shall be fo exported, fhipped, and four; and or put on board to be exported; and alfo the fhip, boat, or 12d. per lb. veffel, upon which any of the faid commodities fhall be export- for all ed, fhipped, or laden to be exported, and all her guns, tackle, or ftarch; apparel, and furniture, fhall be forfeited; and one moiety of all the faid penalties and forfeitures fhall be to the King's majefty, and alfo of the veifel, &c. his heirs, and fucceffors, and the other moiety to him or them. that will fue for the fame; and for offences which fhall be com- In what courts mitted in that part of Great Britain called England, fuch penal- the faid penalties and forfeitures thall be recovered by action of debt, bill, for and reties to be fued plaint, or information, in any of his Majefty's courts of record covered. at Westminster, or before the juftices of affize, or at the great feffions in Wales, or by information, at any general quarter feffions of the peace for the county, city, riding, divifion, or place, where the offence fhall be 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 part of Great Britain called Scotland, by action or fummary bill, or information, in the courts of feffions or exchequer in Scotland; and for offences which fhall be committed in Ireland, in his Majefty's courts of record in Dublin, or at the general quarter feflion of the peace for the county, city, or place, where the offence fhall be committed; and that the mafter andmariners of any fuch fhip, Mafter and boat, or veffel, wherein any fuch offence might be committed, mariners of knowing fuch offence, and wittingly and willingly aiding and affifting, liable alifting thereunto, and being thereof duly convicted in any to 3 months fuch courts as aforefaid, fhall be imprisoned for the fpace of imprisonment. three months without bail or mainprize

bread, biscuit,

II. And be it further enacted by the authority aforefaid, Officers, and That it shall and may be lawful to and for any perfon or per- other perfona

X 3

fons,

authorized,

may feize any

of the faid commodities

fhipped, &c.

contrary to

the intent of

this act; together with the vessel.

The goods to be lodged in the King's warehouses.

Prohibition

not to extend

fary for the

fons, being an officer or officers of the customs, or being lawfully authorized in this behalf by the lord high treasurer of Great Britain, or the commiffioners of the treasury for the time being, or any three or more of them, to take and seize all such of the faid commodities, not allowed to be exported by this act, as he or they fhall happen to find, know, or discover, to be laid on board any ship, or other veffel, or boat, at fea, or in any port, or in any navigable river or water, to the intent or purpose to be exported, tranfported, or conveyed, out of Great Britain or Ireland, contrary to the true intent of this act; and alfo the ship, veffel, or boat, in which the fame fhall be found; and to bring the faid goods to the King's warehoufe or warehouses belonging to the customhouse next to the place where fuch feizures fhall be made, or to fome other fafe place (where there are no fuch warehouses) in order to be proceeded against according to law; and in cafe of recovery, to be divided in manner as aforefaid.

III. Provided always, That this act, or any thing herein to fo much of contained, fhall not extend to prohibit the exportation of such the faid com- or fo much of the faid commodities, as shall be neceffary to be 'modities, as carried in any ship or fhips, or other veffel or veffels, in their fhall be necef- refpective voyages, for the fuftenance, diet, and fupport, of ufe of veffels the commanders, mafters, mariners, paffengers, or others, in the fame fhips or veffels only; or for the victualling or providing any of his Majefty's fhips of war, or other fhips or veffels in his Majefty's fervice, or for his Majefty's forces, forts, jesty's fhips of or garrifons; any thing herein contained to the contrary notwithstanding.

in their ages;

voy

or of his Ma

war, &c.

forces or garrifons;

IV. Provided alfo, That this act, or any thing herein contained, fhall not extend to prohibit any perfon or persons to nor to fuch as fhip or put on board any of the commodities aforefaid, to be fhall be carri- carried coaftwife; that is to fay, from any port, creek, or memed coaftwife; ber of the kingdoms of Great Britain or Ireland, to any other port, creek, or member of the fame respectively, having such or the like coaft cocquet, or fufferance for that purpofe, and fuch or fecurity being the like fufficient fecurity being first given for the landing and firft given for discharging the fame in fome other port, member, or creek, of the due land- the faid kingdoms, and returning a certificate in fix months, ing thereof; as is required by law in cafes where goods, which are liable to pay duties on exportation, are carried coaftwife from one port of Great Britain to another, and not otherwife.

fhall be ex

V. Provided also, That this act, or any thing herein contained, fhall not extend to any of the faid commodities which nor to fuch as fhall be exported, or fhipped to be exported, out of or from Great Britain to Ireland, or from Ireland to Great Britain, or ported from Great Britain from Great Britain or Ireland, to Gibraltar or Minorca, or unto to Ireland; or any of his Majefty's iflands or colonies in America, that have ufufrom Ireland ally been fupplied with any of the faid commodities from Great to Great Bri- Britain or Ireland, for the fuftentation of the inhabitants of the Gibraltar,Mi, faid iflands, colonies, or dominions; or for the benefit of the Morca, or Bri- British fishery in thofe parts only; fo as the exporter do, before

tain; or to

the

the exporter

the fhipping or laying on board the fame, declare the island, tifh colonies colony, or dominion, iflands, colonies, or dominions, for in America; which the faid commodities are respectively defigned, and do or for the British fishery become bound with other fufficient fecurity in treble the value there; thereof, to the commiffioners or chief officer or officers of his Majefty's customs belonging to the port or place where the fame giving fecurifhall be shipped or put or board (who hath or have hereby ty for the due power to take fuch fecurity in his Majefty's name, and to his landing, &c. Majefty's ufe) that fuch commodities fhall not be landed or fold in any parts whatfoever, other than the kingdoms, dominions, iflands, or colonies, for which the fame fhall be fo declared;

and that a certificate under the hand and feal of the collector, and returning comptroller, or other chief officer of the customs, or if no fuch a certificate." of the naval officer, or of fome other principal officer of the port where the fame fhall be landed, fhall, within the refpective times herein after for that purpose mentioned (the danger of the feas excepted) be returned to the officers who took the faid bonds, that the faid commodities have been landed at the port or place for which the fame fhall be fo declared; and for the taking of fuch security, and for giving such certificates (which the respective officers aforefaid are hereby on demand required to give) no fee or reward fhall be demanded or received; and if Officer making any officer fhall make any falfe certificate of any fuch commo- a falfe certifi cate forfeits dities being fo landed, fuch officer fhall forfeit the fum of two 200l. and is hundred pounds, and lofe his employment, and be incapable incapacitated. of ferving his Majefty, his heirs, or fucceffors, in any office relating to the customs; and if any perfon fhall counterfeit, Other person rafe, or falfify, any fuch certificate, or knowingly publifh any counterfeitfuch counterfeited, rafed, or falfe certificate, he fhall forfeit the ing, &c. any fum of two hundred pounds, and fuch certificate fhall be void and certificate for feits 2001, &c. of no effect; which faid penalties for offences committed in Great Britain or Ireland, fhall be recovered in the fame courts, what courts and in the fame manner, as the other penalties inflicted by to be recoverthis act are recoverable; and for offences committed in the co-ed. lonies or plantations in America, or other the dominions belonging to the crown of Great Britain in Europe, fhall be recovered in the high court of admiralty, or in any chief court of Application civil or criminal jurifdiction, in fuch refpective colonies, plan- thereof. tations, or dominions; and fhall be divided into equal moie- Bonds to be ties between his Majefty and the informer; and the faid bond within 3 years. or bonds, if not profecuted within three years, fhall be void.

Penalties in

VI. Provided also, That nothing herein contained fhall ex- Prohibition tend to prohibit the exportation of beans to the British forts, not to extend caftles, and factories in Africa, or for the use of the ships trad- to beans exing upon that coaft, that ufually have been fupplied with the the British fame, from Great Britain or Ireland; fo as the like fecurity be forts, &c. in given for the exporting thereof, as is required by this act to Africa, &c. be given by perfons carrying any of the faid commodities to the British colonies in America.

VII. Provided alfo, That nothing herein contained fhall ex- nor to any of tend to prohibit the united company of merchants of England the faid com

X4

trading

company to

modities ex- trading to the Eaft Indies from exporting any of the faid comported by the modities to any of their forts, factories, or fettlements, for the Eaft India fupport of the perfons refiding there; fo as the like fecurity be their forts,&c. given for the exporting thereof, as is required by this act to be given by perfons carrying any of the faid commodities to the British colonies in America.

nor to wheat, flour, malt,

VIII. Provided also, That this act, or any thing herein contained, fhall not extend to any wheat, flour, malt, barley, barley, bread, bread, bifcuit, or peas, to be transported out of, or from, the bifcuit, or peale, from port of Southampton only, unto the islands of ferfey, Guernsey, Southampton and Alderney, or any of them, for the only ufe of the inhabito Jerfey, tants of those islands; so as the exporter before the lading of Guernsey, and Alderney, &c. fuch commodities, or laying the fame on board, do become bound with other fufficient fecurity in treble the value thereof (which the customer or comptroller of the fame port hath hereby power to take in his Majesty's name, and to his Majesty's ufe, and for which fecurity no fee or reward fhall be given or taken) that such commodities fhall be landed in the said iflands of ferfey, Guernsey, and Alderney, or one of them (the danger for the ufe of of feas only excepted) for the use of the inhabitants there, and fhall not be landed or fold in any other parts whatsoever, and to return the like certificates of the landing the fame there, as are herein before required on the exportation of the faid commodities to the British colonies in America, and within the fo as the quan- time for that purpose herein after mentioned; and fo as the tity exceed not quantity of wheat, flour, malt, barley, bread, bifcuit and pease, 5000 quarters which at any time or times after the paffing of this act, and in the whole; before the time herein after limited, fhall be shipped at the faid port for the faid iflands, or either of them as aforesaid, doth not exceed in the whole five thousand quarters; any thing herein contained to the contrary notwithstanding.

the inhabi

tants only, &c.

from South

inhabitants only, &c.

nor to wheat, IX. Provided alfo, That this act, or any thing herein conbarley, oats, tained, shall not extend to any wheat, barley, oats, meal, or meal, or flour, flour, to be tranfported out of or from the ports of Southampton amptonor Ex- or Exeter only, unto the Isle of Man, for the only use of the eter to the Ifle inhabitants of that ifland; fo as the exporter, before the ladof Man, for ing of fuch wheat, barley, oats, meal, or flour, or laying the the ufe of the fame on board, do become bound, with other fufficient fecurity, in treble the value thereof (which the customer or comptroller of either of the faid ports refpectively hath hereby power to take in his Majefty's name, and to his Majefty's ufe, for which fecurity no fee or reward thall be given or taken) that such wheat, barley, oats, meal, or flour, fhall be landed in the faid Ifle of Man (the dangers of the feas only excepted) for the ufe of the inhabitants there, and thall not be landed or fold in any other parts whatsoever; and to return the like certificates of the landing the fame there, as are by this act herein before required on the exportation of the faid commodities to the British colonies in America, and within the time for that purpose herein after mentioned; and fo as the whole quantity of wheat, barley, quantity ex- oats, meal, and flour, which at any time or times after the

fo as the

paffing

paffing of this act, and before the time herein after limited, fhall ceed not 2500 be shipped at both the faid ports for the faid Ifle of Man, fhall not quarters in the whole; one exceed in the whole two thousand and five hundred quarters; one moiety to be moiety thereof to be exported from the faid port of Southampton, thipt from and the other moiety thereof to be exported from the faid port of Southampton, Exeter; any thing herein contained to the contrary notwith- and the other standing. moiety from

Exeter.

turn an ac

X. And be it further enacted by the authority aforefaid, That Commiffionthe commiffioners of the customs for the time being thall, and ers of the cu they are hereby required, to give a full and true account in writ- ftoms to reing, to both houfes of parliament, at the beginning of the next count to parfeflion thereof, of all corn, grain, meal, malt, flour, bread, bif- liament of all cuit, and starch, that shall before that time be exported to any the corn and place whatfoever by virtue or in purfuance of any of the liberties other comor powers hereby given or granted for that purpose.

modities fo

exported.

clared to be

entered, on or

XI. Provided always, and be it further enacted by the autho- Prohibition rity aforefaid, That nothing in this act contained fhall extend to not to extend any malt declared or made for exportation, and barley fteeped to malt deand entered at the excife office, to be made into malt for expor- made for extation, on or before the fifteenth day of November, one thoufand portation, or feven hundred and fixty fix, which thall be exported; provided to barley the proprietor or proprietors thereof fhall produce to the collec- fteeped and tor or chief officer of the port where fuch malt shall be exported, before 15 Nov. a certificate or certificates, from the officer or officers with whom the entry of the corn intended to be made into fuch malt for exportation, fhall have been made, that the faid malt was actually declared or made for exportation, and the faid barley steeped and entered at the excife office, to be made into malt for exportation, on or before the faid fifteenth day of November; any thing herein contained to the contrary in any wife notwithstanding.

1766, &c.

XII. And be it further enacted by the authority aforefaid, Times limited That all certificates of the landing and difcharging of the faid for returning commodities to be exported, other than coaftwife, fhall be re- where bonds certificates, turned within the refpective times following; that is to fay, are taken. where the bonds are taken in respect of any of the faid commodities to be exported from Great Britain or Ireland, to any of the faid colonies or plantations in America, within eighteen calendar months after the date of fuch bonds; and where to Gibraltar or Minorca, within twelve calendar months after the date of fuch bonds; and where to the islands of Guernsey, Jersey, Alderney, or Man, within fix calendar months after the date of fuch bonds; and where from Great Britain to Ireland, or from Ireland to Great Britain, within fix calendar months after the date of fuch bonds respectively.

XIII. Provided always, and be it enacted by the authority No drawback aforefaid, That no corn, grain, meal, malt, flour, bread, bifcuit, or bounty to be paid on any or ftarch, which fhall be exported by virtue of this act, fhall be of the comintitled to any of the bounties or drawbacks which are allowed modities to and made payable on the exportation of fuch commodities, or exported. any of them."

XIV. Provided always, and be it enacted, That nothing herein Prohibition contained not to extend

5

to rice.