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portation; and in default of making fuch entry, fuch corn, &c. fhall be liable to fuch duties as were payable upon the importation thereof before the making

of this act.

Enacted, That if any action fhall be commenced in England against any perfon, for any thing done in purfuance of this act, the defendant may plead the general iffue, and give this act and the fpecial matter in evidence; and if the plaintiff fhall be nonfuited, or difcontinue his action after the defendant fhall have appeared, or if judgment fhall be given against him, the defendant fhall recover treble cotts And if fuch action fhall be commenced in Scotland, the court before whom the action fhall be brought, fhall allow the defender to plead this act on his defence; and if the purfuer fhall not infiit on his action, or if judgment fhall be given against him, the defender fhall recover the full and real expences he may have been put to by that action.

load or procure to be loaded on board any veffel in order to be fo exported, any fort of corn, &c. whether the faid commodities fhall or fhall not be the produce or manufacture of the colonies from whence they fhall be defigned to be exported, under the penalties and forfeitures after mentioned, viz. all the faid commodities fo exported or loaded fhall be forfeited; every offender therein shall forfeit at the rate of 20 s. for every bufhel of corn, grain, meal, malt, or flour, and at the rate of 12 d. for every pound weight of bread, biscuit, ftarch, beef, pork, bacon, or other victual, which fhall be fo exported or loaded; and the veffel upon which any of the faid commodities fhall be fo exported or loaded, and all her guns and furniture, fhall be forfeited. All which penalties and forfeitures fhall go, one moiety to the King, and the other to the profecutor; and they fhall be recovered in the high court of admiralty, or any other chief court, civil or criminal, in such co

lonies: and the mafter and mariners of any veffel wherein fuch offence fhall be committed, knowingly affifting thereunfuch courts as aforefaid, fhall be imprito, and being thereof convicted in any foned three months without bail or mainprife.

That it fhall be lawful for the officers

An abstract of the act tricefimo Georgii II. intitled, An act to probibit for a limited -time the exportation of corn, grain, meal, malt, flour, bread, bifcuit, ftarch, beef, pork, bacon, and other victual, (except fif and roots, and rice to be exported to any part of Europe fouthward of Cape Finiferre), from his Majesty's colonies and plan- of the customs, or any perfons lawfully tations in America, unless to G. Britain or authorifed in this behalf by the treasury, Ireland, or to fome of the jaid colonies and to feize all fuch of the faid commodities plantations; and to permit the importation of corn and flour into G. Britain and Ire-fea, in port, or in any navigable river, to as they fhall find on board any veffel, at land, in neutral ships; and to allow the exportation of wheat, barley, oats, meal, and flour, from G. Britain to the ife of Man, for the ufe of the inhabitants there. Flereas the exportation of any fort of corn, &c. from any of his Majefty's colonies in America, may, at this time, be greatly prejudicial to his Majefty's fubjects; be it enacted,

W

the intent to be exported, and alfo the veffel in which the fame fhall be found; and to bring the goods to the King's warehouses belonging to the customhoufe next to the place of feizure, or other fafe place where there are no fuch warehouses, in order to be proceeded againft according to law; and, in cafe of recovery, to be divided according to the directions of this act.

That no perfon whatever, during the continuance of the prefent war with Provided, That this act shall not proFrance, fhall, directly or indirectly, exhibit the carrying out, in any veffels, fo port or procure to be exported, from any much of the faid commodities, as fhall of the British colonies in America, or be neceffary, in their refpective voyages, [colonies in the abstract, stands for colonies or for the fuftenance of the crews, paffen, plantations in the aft.] gers, or others on board; or for the vic

tualling

and the cocket or certificate fhall be void which penalties fhall be recovered, for offences committed in America, as the other penalties inflicted by this a&t are recoverable; for offences committed in England, in any of the courts of record at Westminster, or before the juices of affize, the great feffions in Wales, or any general quarterfeflions of the peace for the place where the offence fhall be committed; for offences committed in Scotland, by action, or fummary bill or information, in the courts of feffion or exchequer; for offences committed in Ireland, in the courts of record in Dublin, or at the general quarterfeffions of the peace for the place where the offence fhall be committed; and for offences committed in any other of the British dominions in Europe, in the high court of admiralty, or any o. ther chief court, civil or criminal, in fuch dominions refpectively: and fuch penalties fhall be divided equally between his Majefty and the informer: and upon all fuch fuits entered in the faid colonies, the offences may be laid to have been committed in any colony or county within the faid plantations, at the pleasure of the profecutor or informer.

tualling any of his Majefty's fhips of blifh any fuch, he fhall forfeit 200 1. war, or other fhips in his fervice; or for his Majesty's forces, forts, or garrifons. That this act fhall not prohibit the exportation of any of the faid commodities from the faid colonies to G. Britain or Ireland, or from any of the faid colonies to any other of them, or from any port or place in any one of the faid colonies to any other port or place in fuch colony refpectively; fo as the exporter do, before fhipping the fame, declare the kingdom, ifland, or colony, and the port or place for which the faid commodities are refpectively defigned, and take out a cocket for the fame; and do become bound, with two fufficient fure. ties, of known refidence in the faid colonies, in treble the value thereof, to the chief officer of the cuftoms, or the naval officer, or fome other principal officer at the port where the fame are flipped, or to fuch perfon as fhall be appointed for that purpofe by the treafury, (who are hereby impowered to take fuch fecuri. ty), that they fhall not be landed or fold in any parts other than thofe for which they fhall be fo declared; and that a certificate under the hand and feal of the collector, comptroller, or other chief of ficer of the cuftoms, or if no fuch, of the naval officer, or fome other principal officer of the port where the fame thall be landed, or fuch perfon as fhall be appointed for that purpose by the treasury, fhall, within the refpective times after mentioned, (the danger of the feas excepted), be returned to the officers to whom the fecurity was given, that the faid commodities have been landed at the place for which the fame fhall have been fo declared; and for taking fuch fecurity, and giving fuch cockets and certificates, (which the refpective officers are hereby on demand required to give), no fee or reward fhall be demanded or received: And if any officer fhall make a falfe certificate of any fuch commodi. ties being fo landled, he fhall forfeit 2001. lofe his employment, and be incapable of ferving his Majefty in any office relating to the cuftoms; and if any perfon fhall counterfeit, rafe, or falfify any cocket or certificate, or knowingly pu

That in cafe the officer to whom any certificate fhall be returned, shall have caufe to fufpect the fame to be counterfeit, the bonds fhall not be cancelled or the fecurity vacated, until he shall be informed from the perfon in whofe name the certificate fhall have been granted, that the matter and contents of it are just and true.

That this act fhall not prohibit the tranfporting any of the aforementioned commodities, by land, or across rivers by common ferries, or up or down the faid rivers, or across harbours where clearances have not ufually been taken, from any one of the faid colonies to any other of them, or to any part of the fame colony.

That the faid bonds, if not profecuted within three years, fhall be void.

That nothing in this act fhall extend to any of the commodities aftrefaid, which fhall be cleared out of any cuftom

houfe

houfe in any of the colonies before the 25th of March 1757.

Provided always, and enacted, That in cafe his Majefty, at any time during the continuance of this act, fhall (in his royal difcretion) judge it to be expedient to permit the exportation of corn, and other the commodities aforefaid, or any of them, from the faid colonies, that it fhall be lawful for his Majefty, by his royal proclamation, with the advice of his privy council, or by his Majefty's order in council, from time to time to permit all his Majesty's subjects (but not any particular perfon or perfons) to export from all or any of the faid colonies, in any veffels duly navigated according to law, all or any of the commodities aforefaid, to any place, upon or without giving fecurity for the landing thereof, and returning certificates of fuch landing, as to his Majefty fhall feem meet, and as in fuch proclamation or order of council fhall be expreffed.

Enacted, That all certificates of the landing of fuch commodities fhall be returned within eighteen months after the date of the bonds, in respect of exports to G. Britain or Ireland; and within twelve months after the date of the bonds, in refpect of exports from any of the faid colonies to any other of them, or from any place in any one of the faid colonies to any other place of it. Provided, That this act fhall not prohibit the exportation of rice from the faid colonies directly to any part of Europe fouthward of Cape Finisterre.

That this act fhall not extend to any fifh or roots which fhall be exported, or carried coaftwife.

And whereas by an act paffed this feffion, to prohibit, for a time to be limited, the exportation of corn, &c. [xviii. 583.], it was enacted, That no perfon, at any time before the 25th of December 1757, fhould export from G. Britain or Ireland, any fort of corn, &c. under the penalties and forfeitures therein mentioned; but with feveral favings in the faid act contained: and whereas the inhabitants of the ifle of Man have, for feveral years laft paft, been fapplied with confiderable quantities of corn,

meal, and flour, from G. Britain and Ireland; and they are now in great want thereof, no faving having been made in the faid act for fupplying them therewith: be it enacted, That the faid act fhall not extend to any wheat, barley, oats, meal, or flour, to be transported from the ports of Southampton or Exeter only, unto the faid ifle of Man, for the only ufe of the inhabitants of that ifland; fo as the exporter, before lading fuch wheat, &c. do become bound, with other fufficient fecurity, (which the customer or comptroller of either of the faid ports refpectively hath power to take, and for which no fee or reward fhall be given or taken), that fuch wheat, &c. fhall be landed in the faid ifland, (the danger of the feas only excepted), for the ule of the inhabitants there, and fhall not be landed or fold in any other parts whatsoever, and return the like certificates of the landing the fame there, as are by the faid act required on the exportation of the faid commodities to the British colonies in America, and within the time for that purpofe therein mentioned; and fo as the whole quantity to be fhipped after paffing this act, and before the faid 25th of December 1757, fhall not exceed 2500 quarters; one moiety whereof to be exported at Southampton, and the other at Exeter.

And whereas by an act made this feffion, to discontinue- the duties upon corn, &c. [57.], corn and flour is allowed to be imported into this kingdom, duty-free, during the time in the faid act mentioned; and whereas it is. neceffary that fuch importation fhould be allowed to be made in fhips belonging to any flate in amity with his Majefty, as well as in Britifh fhips, and from any place whatfoever; be it enacted. That it fhall be lawful, during the time and under the regulations mentioned in the faid act, for any perfon whatfoever, to import into this kingdom, in any fhip belonging to G. Britain, or to any kingdom or ftate in amity with his Majelly, from any place whatfoever, corn and flour, duty-free.

And whereas, if the importation of

corn

corn and flour into Ireland was permitted Enacted, That the warrants to be iffuin fhips belonging to any state in amity ed for the encouragement of voluntiers with his Majefty, the fame may be of as aforefaid, fhall be fatisfied by the readvantage to his Majefty's fubjects; be ceivers general or collectors of the landit enacted, That it fhall be lawful, at tax, without any abatement for fees or any time before the 24th of Auguft next, any other pretence whatsoever, and thall for any perfon whatsoever to import in- be allowed upon their accounts; and the to Ireland, in any fhip belonging to any faid receivers-general, and their depukingdom or state in amity with his Ma- ties, and the collectors of the land-tax, jefty, corn and flour, from any place upon the fummons of the commiffioners, whatsoever. fhall attend at the meetings for receiving voluntiers, and duly pay to them the rewards prefcribed by this act, as they will anfwer at their peril any delay or ob. ftruction to his Majefty's fervice which may happen by their defaults.

In actions for any thing done in purfuance of this act, the defendant is intitled to treble cofts, in the cafes fpecified in the act preceding. [58.]

An abstract of new claufes in the recruitingatt for this year; and fome alterations. [The places of the abstract of last year's act Exviii. 113.], at which thefe claufes, &c. fall to be inferted, are here marked.]

[P. 114. col. 1. after l. 39.] Enacted, for the encouragement of fit and able perfons to inlift, That every fuch perfon who fhall, on or before the ift of May 1757, voluntarily enter himself into his Majefty's fervice, before the commiffioners, fhall receive 3 1. out of the land-tax 1756 or 1757; and the commiffioners fhall forthwith caufe fuch voluntiers to be delivered to the officers appointed to receive them; and fhall caufe fuch entry to be made, and copies thereof tranfmit ted to the war-office, as the former act directs. [xviii. 115.]

Declared, That the pay of every fuch voluntier shall commence from the time of his entry; and that after he fhall have continued in the military fervice of his Majefty three years, if the war fhall then be ended, or otherwise at the end of the war, he fhall be at liberty to demand his discharge from the commanding officer of the regiment or company to which he fhall belong; and fuch officer fhall grant fuch discharge to him, gratis, in writing, on pain of fuffering the penalties ufually inflicted for difobedience to orders.Impreffed men are intitled to their dif. charge at the end of five years, if the war thall then be ended, or otherwife at the end of the war. By the former act there was no exception as to the war being ended. [xviii. 117-]

VOL. XIX.

"all

[lb. col. 2. 1. 4.] The men to be impreffed are thus defcribed, viz. able-bodied, idle, and diforderly perfons, who cannot, upon examination, prove themselves to exercife and induftrioufly follow fome lawful trade or em ployment, or to have fome substance fufficient for their fupport and maintenance.'

[P. 115. col. 1. 7. 31.] Inftead of 5 s. 10 s. is now the minimum to be paid for every new-raised man who shall have a wife or family.

[1b. col. 1. after 1. 40.] Provided, That the commiffioners are impowered, out of the 20s. to be paid to the officers of the parish or town employed in rai fing men, to allot fuch fum as they fhall think fit, not exceeding 2 s. to the refpective high conftables within their ju rifdictions, for their pains in the execution of this act.

[Ib. col. 1. after 1.52.] Enacted, for preventing difputes about paying for the fubfiftence of thofe perfons who, having been apprehended and detained, may afterwards be difcharged upon examination before the commiffioners and mili. tary officers, That if any perfon, being judged by the commiffioners not to be within the defcription of this act, fhail be by them discharged, the officers of the parish or town fhall be intitled to no confideration for their expences in keeping fuch perfon; and if any person, be ing judged by the commiflioners to be within the defcription of this act, fhall be rejected by the military officer, fuch K

officer

officer fhall pay to the officers of the parifh or town 6 d. per diem, for the whole time they fhall have kept every fuch perfon, to be charged to the account of his regiment or company and every officer who shall object to any perfon delivered to him, fhall fpecify his objection, whether it be to his age or fize, or bodily difability; and the grounds of fucn objection thall be forthwith (as far as may be) inquired into by the commiffioners, and they fhall proceed accordingly and every officer who fhall refufe or difcharge any perfon delivered to him by the commiffioners, as fit to ferve his Majetty within the defcription of this act, fhall without delay tranfmit to the fecretary at war, his reafon for fuch refufal or discharge, in writing, atteited by himfelf.

[ib. col. 2. after 1. 8.] Enacted, for encouraging inhabitants and others to aflift in difcovering and apprehending perfons defcribed as aforefaid, That if any perfon fhall discover and give information of any able-bodied man within the defcription of this act, fo as he fhall be apprehended and inlifted as aforefaid, fuch perfon fhall, for every man fo inlifted, receive from the officer to whom he thall be delivered, 10s. out of the 20 s. directed to be paid to the officers of the parish or town as aforefaid; and the remainder only of the 20 s. fhall in that cafe be paid to fuch officers.

[P. 116. col. 1. after 1.7.] Provided, That it fhall be lawful for the commiffioners who fhall have been prefent at any meeting where any new-raised man shall have been delivered over as aforefaid, or for the major part of them, upon the demand of such man, or of any other perfon on his behalf, fignified to their clerk within four days after fuch meeting, and by him notified to each of the faid commiffioners, to appoint a further meeting within fix days after making the demand; and if, upon further and more certain information, the commiffioners, or major part of them, at fuch further meeting, fhall find that fuch new-raised man was not, at the time of his being delivered over, within the defcription of this act, they are hereby re

quired to certify the fame under their hands and feals to the fecretary at war, who, on the receipt of fuch certificate, fhall caufe the man to be forthwith difcharged, upon his paying to the officer to whom he was delivered over, 6 d. for his maintenance for each day he has been detained; and the commiffioners clerk fhall repay to fuch officer (without fee or other deduction) the feveral fums received from him, and fhall give back the receipts taken as above directed, in exchange for a copy of the man's difcharge and in cafe no fuch discharge fhall have been obtained, the clerk fhall, after the expiration of fourteen days, from the time that fuch man was delivered over, pay over, without fee or deduction, to the perfons intitled thereto, the feveral fums depofited in his hands for that purpose.

[P. 117. col. 1. after 1. 31.] Provided, That his Majefty, when he fhall judge it expedient, may at any time fufpend or enforce the execution of this act, in any county or place of G. Britain, by notice from the fecretary at war.

[lb. col. 2. after l. 42.] And whereas it may often be expedient, that the commiffioners fhall execute this act in cities, towns, or other places, when it may not be convenient to enforce the execution thereof through the county in which fuch city, &c. fhall be fituate; enacted, That the mayor or other chief magiftrate of every city, &c. fhall, upon notice from the fecretary at war, immediately proceed to put this act in execution within their refpective jurifdictions, as if fuch mayor, &c. had received fuch notice from the sheriff of the county.

[P. 118. col. 1. after l. 48.] That the feveral entries of the names and defcriptions, together with the other particulars before directed, be made according to the form annexed.

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