VI. And be it further enacted, That all officers belonging Penalty on to the customs in the faid kingdom of Ireland, fhall be aiding officer conand affifting in the effectual execution of this act; and that if importation of any fuck officer fhall knowingly connive at the importation of Scotch-linen. any Scotch-linen, contrary to the true meaning of this act, fuch officer fhall forfeit and lofe the fum of one hundred pounds, and be for ever incapable of ferving her Majefty, her heirs and fucceffors, in any office whatsoever.

VII. And be it enacted, That all and every the penalties and Where penalforfeitures impofed by this act, for importing Scotch-linen into ties and forthe kingdom of Ireland, fhall and may be sued for, and recoverfeitures impofed by this act, ed in any of her Majefty's courts of record at Westminster or are recoverDublin, by action of debt, bill, plaint or information, wherein able. no effoin, privilege, protection or wager of law, fhall be allowed, nor any more than one imparlance; one moiety of the One moiety to faid penalties and forfeitures to be to her Majefty, her heirs the Queen. and fucceffors, and the other moiety to him, her or them that The four prewill fue for the fame. ceding fections VIII. And it is hereby further enacted, That if any perfon Ann. c. 8. are repealed by or perfons be fued, molested or profecuted, for or by reafon of Perfons fued any seizure made in pursuance of this act, fuch person and per- may plead the fons may plead the general iffue, and give this act and the fpecial general iffue. matter in evidence; and if afterwards a verdict fhall pass for the defendant or defendants, or if the plaintiff thall difcontinue his action, or be nonfuited, or if judgment be given against him, then fuch defendant or defendants thall have double cofts.

J.

5

IX. Provided always, That all informations, actions, and Suits to be fuits, to be brought for any offence against this act, fhall be commenced brought and commenced within twelve months after the dif, within 12 covery of fuch offence.

months after

offence.

plantations,

X. Provided alfo, and be it enacted, That if any fhip or Provifo conveffel, being laden with goods in England, Wales, or Berwick cerning Engupon Tweed, for any of the plantations aforefaid, fhall put in- lidh fhips lato any port or place in Ireland, and fhall there take in any white den for the or brown Irish linen cloth; in that cafe, the like certificate and &c. oaths fhall be made, that the faid linen cloth is of the manufacture of Ireland, as is before directed by this act and if, upon the arrival of fuch fhip or yeffel in any of the faid plantations, fuch certificate be produced, and oaths made, as aforesaid, fuch hip or veffel, her mafter or commander, and lading, fhall be fubject and liable to fuch rules, vifitations, fearches, penalties, and forfeitures, as they refpectively were fubject and liable to by virtue of the laws which were in force before the paffing of this act, and no other; any thing in this act to the contrary notwithstanding.

XI. Provided, That this act hall continue only for the term Act to con of eleven years, [Continued by 3 Geo. 1. c. 21.]

tinue eleven

years..

САР.

Promiffory

notes may be affigned or indorfed, and action main

tained there. on, as on inland bills of exchange.

CAP. IX.

An alt for giving like remedy upon promissory notes, as is now ufed upon bills of exchange, and for the better payment of inland bills of exchange.

W

7HEREAS it hath been held, That notes in writing, figned by the party who makes the fame, whereby such party promifes to pay unto any other person, or his order, any fum of money therein mentioned, are not affignable or indorfible over, within the custom of merchants, to any other person; and that such person to whom the sum of money mentioned in fuch note is payable, cannot maintain an action, by the custom of merchants, against the person who first made and figned the fame; and that any person to whom fuch note fhall be affigned, indorsed, or made payable, could not, within the faid cuftom of merchants, maintain any action upon fuch note against the person who first drew and figned the fame: therefore to the intent to encourage trade and commerce, which will be much advanced, if fuch notes fhallI have the fame effect as inland bills of exchange, and fhall be negotiated in like manner; be it enacted by the Queen's most excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That all notes in writing, that after the first day of May, in the year of our Lord, one thoufand feven hundred and five, fhall be made and figned by any person or perfons, body politick or corporate, or by the fervant or agent of any corporation, banker, goldfmith, merchant, or trader, who is ufually intrufted by him, her or them, to fign such promiffory notes for him, her, or them, whereby such person or perfons, body politick and corporate, his, her, or their fervant or agent, as aforefaid, doth' or fhall promise to pay to any other perfon or perfons, body politick and corporate, his, her, or their order, or unto bearer, any fum of money mentioned in fuch note, fhall be taken and conftrued to be, by virtue thereof, due and payable to any fuch perfon or perfons, body politick and corporate, to whom the fame is made payable; and alfo every fuch note payable to any perfon or perfons, body politick and corporate, his, her, or their order, fhall be affignable or indorfible over, in the fame manner as inland bills of exchange are or may be, according to the custom of merchants; and that the perfon or perfons, body politick and corporate, to whom fuch fum of money is or fhall be by fuch note made payable, shall and may maintain an action for the fame, in fuch manner as he, fhe, or they might do, upon any inland bill of exchange, made or drawn according to the cuftom of merchants, against the perfon or perfons, body politick and corporate, who, or whofe fervant or agent, as aforefaid, figned the fame; and that any person or persons, body politick and corporate, to whom fuch note that is payable to any person or perfons, body politick and corporate, his, her, or their order, is indorfed or affigned, or the money therein mentioned ordered to be paid by indorsement thereon, fhall and may maintain his,

her,

her, or their action for fuch fum of money, either against the person or perfons, body politick and corporate, who, or whose fervant or agent, as aforefaid, figned fuch note, or against any of the perfons that indorfed the fame, in like manner as in cafes of inland bills of exchange: and in every fuch action the plaintiff or plaintiffs fhall recover his, her, or their damages and cofts of fuit; and if fuch plaintiff or plaintiffs fhall be nonfuited, or a verdict be given against him, her, or them, the defendant or defendants fhall recover his, her, or their costs against the Plaintiff or plaintiff or plaintiffs; and every fuch plaintiff or plaintiffs, de- defendant fendant or defendants, refpectively recovering, may fue out my recover execution for fuch damages and cofts by capias, fieri facias, or elegit.

II. And be it further enacted by the authority aforefaid, How action That all and every fuch actions fhall be commenced, fued fhall be and brought within fuch time as is appointed for commencing brought. or fuing actions upon the cafe, by the ftatute made in the one and twentieth year of the reign of King James the First, in-21Jac.1.c.16. tituled, An alt for limitation of actions, and for avoiding of fuits

in law.

III. Provided, That no body politick or corporate fhall have Provifo against power, by virtue of this act, to iffue or give out any notes, by giving out themselves or their fervants, other than fuch as they might have iffued, if this act had never been made.

notes.

IV. And whereas by an act of parliament made in the ninth year or of the reign of his late majefly King William the Third, intituled, 9 W. 3. c. 17. An act for the better payment of inland bills of exchange, it is, among other things, enacted, That from and after prefentation and acceptance of the faid bill or bills of exchange (which acceptance shall be by the underwriting the fame under the party's hand fo accepting) and after the expiration of three days after the faid bill or bills shall become due, the party to whom the said bill or bills are made payable, bis fervant, agent, or affigns, may and fhall caufe the fame bill or bills to be protefted in manner as in the faid att is enacted: and whereas by there being no provision made therein for protesting fuch bill or bills, in cafe the party, on whom the fame are or shall be drawn, refufe to accept the fame, by underwriting the fame under his band, all mer chants and others do refufe to underwrite fuch bill or bills, or make any other than a promissory acceptance, by which means the effect and good intent of the faid act in that behalf is wholly evaded, and no bill or bills can be protested before or for want of fuch acceptance by underwriting the fame as aforefaid: for remedy whereof be it enacted by the authority aforefaid, That from and after the Party refufing first day of May, which fhall be in the year of our Lord one to underwrite thoufand feven hundred and five, in cafe, upon prefenting change, fuch of any fuch bill or bills of exchange, the party or parties, on bill may be whom the fame shall be drawn, fhall refufe to accept the fame, protested for by underwriting the fame, as aforesaid, the party to whom the non-acceptfaid bill or bills are made payable, his fervant, agent, or affigns, may and shall cause the said bill or bills to be protested for non-acceptance, as in cafe of foreign bills of exchange; any

bill of ex

ance.

No accept

bills of ex

change to be

fufficient un

ten, nor

cofts, &c.

thing in the faid act, or any other law, to the contrary notwithftanding: for which protest there shall be paid two fhillings, and no more.

'

V. Provided always, That from and after the faid first day ance of inland of May, no acceptance of any fuch inland bill of exchange fhall be fufficient to charge any perfon whatsoever, unless the fame be underwritten or indorfed in writing thereupon; and if fuch lefs the fame bill be not accepted by fuch underwriting, or indorfement in be underwrite writing, no drawer of any fuch inland bill fhall be liable to drawer there- pay any cofts, damages, or intereft thereupon, unless fuch proteft be made for non-acceptance thereof, and within fourteen. of liable todays after fuch proteft, the fame be fent, or otherwife notice thereof be given to the party from whom fuch bill was received, or left in writing at the place of his or her usual abode;" and if fuch bill be accepted, and not paid before the expi ration of three days after the faid bill thall become due and payable, then no drawer of fuch bill shall be compellable to pay ...any cofts, damages, or intereft thereupon, unless a protest be made and fent, or notice thereof be given, in manner and form above-mentioned: nevertheless, every drawer of such bill shall be liable to make payment of cofts, damages, and interest upon fuch inland bill, if any one proteft be made of non-acceptance or non-payment thereof, and notice thereof be fent, given or left, as aforefaid.

No proteft ne-
ceflary for
non-pay-
ment, unless
the bill be

drawn for zol.

or upwards. By whom protest shall be made.

bill esteemed

a full payment of debt.

VI. Provided, That no fuch protest shall be neceffary, either for non-acceptance or non-payment of any inland bill of exchange, unless the value be acknowledged and expressed in such bill to be received, and unlefs fuch bill be drawn for the payment of twenty pounds fterling or upwards; and that the proteft, hereby required for non-acceptance, fhall be made by such perfons as are appointed by the faid recited act to protest inland bills of exchange for non-payment thereof.

VII. And be it further enacted, That from and after the faid Acceptance of first day of May, if any perfon doth accept any fuch bill of exchange for and in fatisfaction of any former debt, or fum of money formerly due unto him, the fame fhall be accounted and esteemed a full and complete payment of fuch debt, if fuch perfon, accepting of any fuch bill for his debt, doth not take his due course to obtain payment thereof, by endeavouring to get the fame accepted and paid, and make his proteft, as aforefaid, either for non-acceptance, or non-payment thereof.

Provifo.

A& to con

VIII. Provided, That nothing herein contained shall extend to discharge any remedy, that any perfon may have against the drawer accepter or indorfer of fuch bill.

IX. And be it further enacted by the authority aforefaid, tinue 3 years. That this act fhall continue and be in force for the space of three years, from the faid first day of May, and from thence to the end of the next feffion of parliament, and no longer. Made perpetual by 7 Annæ, c. 25. f. 3.

CAP.

CAP. X.

An att for encouraging the importation of naval stores from her Majesty's plantations in America.

HEREAS the royal navy, and the navigation of England,

wherein, under God, the wealth, Safety and firength of this kingdom is fo much concerned, depends on the due fupply of flores neceffary for the fame, which being now brought in moftly from foreign parts, in foreign shipping, at exorbitant and arbitrary rates, to the great prejudice and difcouragement of the trade and navigation of this kingdom, may be provided in a more certain and beneficial manner from her Majefty's own dominions: and whereas her Majefty's colonies and plantations in America were at first fettled, and are still maintained and protected, at a great expence of the treasure of this kingdom, with a defign to render them as useful as may be to England, and the labour and industry of the people there, profitable to themfelves and in regard the faid colonies and plantations, by the vast tracts of land therein, lying near the fea, and upon navigable rivers, may commodiously afford great quantities of all forts of naval ftores, if due encouragement be given for carrying on fo great and advantageeus an undertaking, which will likewife tend, not only to the further imployment and increase of English shipping and feamen, but also to the enlarging, in a great meafure, the trade and vent of the woollen and other manufactures and commodities of this kingdom, and of other her Majesty's dominions, in exchange for fuch naval flores, Encouragewhich are now purchased from foreign countries with money or bul- ment to imlion: and for enabling her Majesty's fubjects, in the faid colonies and port naval ftores, from plantations, to continue to make due and fufficient returns in the course English planof their trade; be it therefore enacted by the Queen's moft ex- tations in Acellent majefty, by and with the advice and confent of the lords merica. fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That every per- Farther enfon or perfons that fhall, within the time appointed by this couragement 8 Annæ, c. 13. act, import or caufe to be imported into this kingdom, directly f. 30. & 2 Geo. from any of her Majefty's English colonies or plantations in A-2. c. 35. merica, in any fhip or fhips that may lawfully trade to her Ma- See 8 Geo. 1. jefty's plantations, manned as by law is required, any of the naval ftores, hereafter mentioned, fhall have and enjoy, as a reward or præmium for fuch importation, after and according to the feveral rates for fuch naval ftores, as follows, (viz.) II. For good and merchantable tar per tun, containing eight For tar 41. per barrels, and each barrel to gage thirty one gallons and an half, tun. four pounds.

C. 12. f. 4.

Rates allowed to importer ;

For good and merchantable pitch per tun, each tun contain- Pitch 41. per ing twenty grofs hundreds (net pitch) to be brought in eight tun.' barrels, four pounds.

For good and merchantable rozin or turpentine per tun, each Rozin or tur fun containing twenty grofs hundreds (net rozin or turpentine) Pentine, 31. per to be brought in eight barrels, three pounds.

For

tuner