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Plantation on or before the said twenty-ninth Day of September, one thousand seven hundred and sixty-four; and if no Fees have been received by any Comptroller of His Majesty's Customs for any Port or Place within any Colony or Plantation, or if the Fees received by such Comptroller before the said twenty-ninth Day of September, one thousand seven hundred and sixty-four, have not been equal to one-third Part of the Fees received as aforesaid by the Collector of his Majesty's Customs within the same Port or Place; it shall, from and after the said fifth Day of July, one thousand seven hundred and sixty-five, in every such Case, be lawful for such Comptroller of his Majesty's Customs, to demand and receive for his Fees, for any Entry or other Business done by him in the Execution of his Employment, from any Merchant or other Person a Sum equal to onethird Part of the Fees received as aforesaid by such Collector for the like Business; and every such Officer shall have and be intitled to the same Remedy for Recovery of such Fees, as is or has been heretofore allowed to any Collector or other Officer; any Law, ByeLaw, or other Act of Assembly made in the said Plantations to the contrary notwithstanding; and if any Collector, Comptroller, or other Officer of his Majesty's Customs in America, appointed as a foresaid, shall exact, require, or receive, any other or greater Fees than such as are herein before allowed to be taken, he shall, for the first Offence, forfeit the sum of fifty Pounds; one Moiety of which Penalty shall be to his Majesty, his Heirs and Successors, and the other Moiety to the Person or Persons aggrieved thereby, who shall sue for the same in the proper Court in such Colony or Plantation; and for the second Offence, he shall forfeit his place, and be for ever after incapable of executing any Office or Employment in the Customs.

No. 6.-1766: Extract from British Statute 6 George III, Cap. 52.

An Act for repealing certain Duties, in the British Colonies and Plantations, granted by several Acts of Parliament; and also the Duties imposed by an Act made in the last Session of Parliament upon certain East India Goods exported from Great Britain; and for granting other Duties instead thereof; and for further encouraging, regulating, and securing, several Branches of the Trade of this Kingdom, and the British Dominions in America.

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"XXX. And whereas by an Act made in the twelfth Year of the Reign of King Charles the Second, intituled, An Act for encouraging and increasing of Shipping and Navigation, and several subsequent Acts of Parliament which are now in Force, it is, amongst other Things, enacted, That for every Ship or Vessel which shall load any Commodities, in those Acts particularly enumerated, at any British Plantation, being the Growth, Product, or Manufacture thereof, Bonds shall be given, with one Surety, to the Value of one thousand Pounds if the Ship be of lesss Burthen than one hundred Tons, and of the Sum of two thousand Pounds if the Ship be of greater Burthen, that the same Commodities shall be brought by such Ship or Vessel to some other British Plantation, or to some port in Great Britain:" Now, in order more effectually to prevent such Goods being privately carried from any British Colony or Plantation in America into for

eign Parts of Europe in Vessels that clear out with non-enumerated Goods, as well as to prevent the clandestine Importation of Foreign European Goods into the said British Colonies; be it further enacted by the Authority aforesaid, That from and after the first day of January, one thousand seven hundred and sixty-seven, Bond and Security, in the like Penalty, shall also be given to the Collector, or other Principal Officer of the Customs at any Port or Place in any of the British American Colonies or Plantations, with one Surety

besides the Master of every Ship or Vessel that shall lade or 221 take on board there any Goods not particularly enumerated in the said Acts, with Condition, that such Goods shall not be landed at any Part of Europe to the Northward of Cape Finisterre, except in Great Britain which Bond shall be discharged in the Manner hereafter mentioned; that is to say For such of the said Goods as shall be entered for, or landed in, Great Britain, the Condition of the Bond shall be, to bring a Certificate in Discharge thereof within eighteen Months from the Date of such Bond, and within six Months for such of the said Goods as shall be entered for, or landed in, any of the British Colonies or Plantations in America; which respective Certificates shall be under the Hands and Seals of the Collector and Comptroller, or other Principal Officer of the Customs, resident at the Port or Place where such Goods shall be landed, testifying the landing thereof; and for such of the said Goods as shall be entered for, or landed at, any other Place where the same may be legally landed, to bring the like Certificate within twelve Months, under the Common Seal of the Chief Magistrate, or under the Hands and Seals of two known British Merchants residing there, or such Bond or Bonds shall be discharged, in either of the said Cases, by Proof upon Oath made by creditable Persons, that the said Goods were taken by Enemies, or perished in the Seas; And if any such nonenumerated Goods shall be laden on board any such Ship or Vessel in any British Colony or Plantation in America before such Bond shall be given, the Goods so laden, together with the Ship or Vessel, and her Furniture, shall be forfeited, and shall and may be seized by any Officer of the Customs, and prosecuted in such Manner as any other Forfeiture against the Laws of the Revenue may be prosecuted.

XXXI. Provided always, and it is hereby declared and enacted by the Authority aforesaid, That nothing herein before contained. shall extend, or be construed to extend, to Vessels which shall be bona fide bound to some of the Ports of Spain within the Bay of Biscay.

XXXII. And be it further enacted by the Authority aforesaid, That if any Action or Suit shall be commenced, either in Great Britain or America, against any Person or Persons for any Thing done in pursuance of this or any other Act of Parliament relating to his Majesty's Customs, the Defendant or Defendants in such Action or Suit may plead the General Issue, and give the said Acts, and the Special Matter, in Evidence, at any Trial to be had thereupon, and that the same was done in pursuance, and by the Authority, of such Act: And if it shall appear so to have been done, the Jury shall find for the Defendant or Defendants; and if the Plaintiff shall be nonsuited, or discontinue his Action after the Defendant or Defendants shall have appeared; or if Judgment shall be given, upon any Verdict or Demurrer, against the Plaintiff; the Defendant or Defendants. shall recover Treble Costs, and have the like Remedy for the same as Defendants have in other Cases by Law.

No. 7.-1767: Extract from British Statute 7 George III, Cap. 46.

An Act for granting certain Duties in the British Colonies and Plantations in America; for allowing a Drawback of the Duties of Customs upon the Exportation, from this Kingdom, of Coffee and Cocoa Nuts of the Produce of the said Colonies or Plantations; for discontinuing the Drawbacks payable on China Earthen Ware exported to America; and for more effectually preventing the clandestine Running of Goods in the said Colonies and Plantations.

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IX. And, for the more effectual preventing the clandestine Running of Goods in the British Dominions in America, be it further enacted by the Authority aforesaid, That from and after the said twentieth Day of November, one thousand seven hundred and sixtyseven, the Master or other Person having or taking the Charge or Command of every Ship or Vessel arriving in any British Colony or Plantation in America shall, before he proceeds with his Vessel to the Place of unlading, come directly to the Custom-house for the Port or District where he arrives, and make a just and true Entry, upon Oath, before the Collector and Comptroller, or other principal Officer of the Customs there, of the Burthen, Contents, and Lading, of such Ship or Vessel, with the particular Marks, Numbers, Qualities, and Contents of every Parcel of Goods therein laden, to the best of his Knowledge; also where and in what Port she took in her lading; of what Country built; how manned; who was Master during the Voyage, and who are Owners thereof; and whether any, and what Goods, during the Course of such Voyage, had or had not been discharged out of such Ship or Vessel, and where: And the Master or other Person having or taking the Charge or Command of every Ship or Vessel, going out from any British Colony or Plantation in America, before he shall take in, or suffer to be taken into or laden on board any such Ship or Vessel, any Goods, Wares, or Merchandizes, to be exported, shall, in like Manner, enter and report Outwards such Ship or Vessel, with her Name and Burthen, of what Country built, and how manned, with the Names of the Master and Owners thereof, and to what Port or Place he intends to pass or sail: And before he shall depart with such Ship or Vessel out of any such Colony or Plantation, he shall also bring and deliver unto the Collector and Comptroller, or other Principal Officer of the Customs at the Port or Place where he shall lade, a Content in Writing, under his Hand, of the Name of every Merchant, or other Person who shall have laden, or put on board any such Ship or Vessel, any Goods or Merchandize, together with the Marks and Numbers of such Goods or Merchandize: And such Master or Person having or taking the Charge or Command of every such Ship or Vessel, either coming into, or going out of, any British Colony or Plantation as aforesaid, whether such Ship or Vessel shall be laden or in Ballast, or otherwise, shall likewise publickly, in the open Custom-house, to the best of his Knowledge, answer upon Oath to such Questions as shall be de

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manded of him by the Collector and Comptroller, or other Principal Officer of the Customs for such Port or Place, concerning such Ship or Vessel, and the Destination of her Voyage, or concerning any Goods or Merchandize that shall or may be laden on board her, upon Forfeiture of one hundred Pounds Sterling Money of Great Britain, for each and every Default or Neglect; to

be sued for, prosecuted, recovered, and divided, in the same Manner and Form, by the same Rules and Regulations in all Respects, as other pecuniary Penalties, for Offences against the Laws relating to the Customs or Trade of his Majesty's Colonies in America, may, by any Act or Acts of Parliament now in Force, be prosecuted, sued for, recovered, and divided.

"X. And whereas by an Act of Parliament made in the thirteenth and fourteenth Year of the Reign of King Charles the Second, intituled, An Act for preventing Frauds, and regulating Abuses, in his Majesty's Customs, and several other Acts now in Force, it is lawful for any Officer of his Majesty's Customs, authorised by Writ of Assistants under the Seal of his Majesty's Court of Exchequer, to take a Constable, Headborough, or other Publick Officer inhabiting near unto the Place, and in the Day-time to enter and go into any House, Shop, Cellar, Warehouse, or Room or other Place, and, in case of Resistance, to break open Doors, Chests, Trunks, and other Package there, to seize, and from thence to bring, any Kind of Goods or Merchandize whatsoever prohibited or uncustomed, and to put and secure the same in his Majesty's Storehouse next to the Place where such Seizure shall be made: And whereas by an Act made in the seventh and eighth Years of the Reign of King William the Third, intituled, An Act for preventing Frauds, and regulating Abuses, in the Plantation Trade, it is, amongst other Things, enacted, that the Officers for collecting and managing his Majesty's Revenue, and inspecting the Plantation Trade, in America, shall have the same Powers and Authorities to enter Houses or Warehouses, to search for and seize Goods prohibited to be imported or exported into or out of any of the said Plantations, or for which any Duties are payable, or ought to have been paid; and that the like Assistance shall be given to the said Officers in the Execution of their Office, as, by the said recited Act of the fourteenth Year of King Charles the Second, is provided for the Officers in England: But, no Authority being expressly given by the said Act, made in the seventh and eighth Years of the Reign of King William the Third, to any particular Court to grant such Writs of Assistants for the Officers of the Customs in the said Plantations, it is doubted whether such Officers can legally enter Houses and other Places on Land, to search for and seize Goods, in the Manner directed by the said recited Acts:" To obviate which Doubts for the future, and in order to carry the Intention of the said recited Acts into effectual Execution, be it enacted, and it is hereby enacted by the Authority aforesaid, That from and after the said twentieth Day of November, one thousand seven hundred and sixtyseven, such Writs of Assistants, to authorise and impower the Officers of his Majesty's Customs to enter and go into any House, Warehouse, Shop, Cellar, or other Place, in the British Colonies or Plantations in America, to search for and seize prohibited or uncustomed Goods, in the Manner directed by the said recited Acts, shall and may be granted by the said Superior, or Supreme Court of Justice having Jurisdiction within such Colony or Plantation respectively.

XI. And be it further enacted by the Authority aforesaid, That if any Action or Suit shall be commenced, either in Great Britain or America, against any Person or Persons for any Thing done in pursuance of this Act, the Defendant or Defendants in such Action or Suit may plead the General Issue, and give this Act, and the Special

Matter, in Evidence at any Trial to be had thereupon; and that the same was done in pursuance and by the Authority of this Act: And if it shall appear so to have been done, the Jury shall find for the Defendant or Defendants: And if the Plaintiff shall be nonsuited, or discontinue his Action after the Defendant or Defendants shall have appeared, or if Judgment shall be given upon any Verdict or Demurrer against the Plaintiff; the Defendant or Defendants shall recover Treble Costs, and have the like Remedy for the same as Defendants have in other Cases by Law.

No. 8.-1769: British Statute, 9 George III, Cap. 28.

An Act to permit the Inhabitants of Jersey and Guernsey to export directly from thence to Newfoundland, or the British Colonies in America, Goods necessary for the Fishery, under certain Restrictions; and to import from thence Nonenumerated Goods (except Rum) and to land the same in the said Islands.

"WHEREAS by an Act made in the Fifteenth Year of the Reign of His late Majesty King Charles the Second, intituled, An Act for the Encouragement of Trade, it is, amongst other Things, enacted, That no Commodity of the Growth, Production, or Manufacture of Europe, shall be imported into any Land, Island, Plantation, Colony, Territory, or Place, to His Majesty belonging, or which shall hereafter belong unto, or be in the Possession of, His Majesty, His Heirs, and Successors, in Asia, Africa, or America, (except as therein is excepted) but what shall be bona fide, and without Fraud, laden and shipped in England or Wales, or the Town of Berwick upon Tweed, under the Penalties in the said Act mentioned: And whereas by an Act made in the Fourth Year of the Reign of His present Majesty, any Officer of His Majesty's Customs is impowered to stop any British Ship or Vessel arriving from any Part of Europe, which shall be discovered within two Leagues of the Shore of any of the British Colonies or Plantations in America, and to seize and take from thence, as forfeited, any Goods (except such as in the said Act are mentioned) for which the Master or other Person taking Charge of such Ship or Vessel shall not produce a Cocket or Clearance from the Collector or proper Officer of His Majesty's Customs, certifying that the said Goods were laden on board the said Ship or Vessel in some

Part of Great Britain: And whereas the Fishing Trade car223 ried on by the Inhabitants of Jersey and Guernsey at New

foundland, and other of the British Colonies and Plantations in North America, is highly beneficial to this Kingdom, in the employing great Numbers of Seamen and Ships, and in the Use and Consumption of great Quantities of British Manufactures; and it is therefore expedient, for the Encouragement of that Trade, to permit the said Inhabitants of Jersey and Guernsey to export directly from thence such Articles as are necessary for their carrying on the said Fishery May it therefore please Your Majesty, that it may be enacted;" and be it 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 assembled, and by the Authority of the same, That it shall and may be lawful for any

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