plantation trade; another act, made in the 25th year of the reign of his said late Majesty, instituted an act for the encouragement of the Greenland and Eastland fisheries, and for the better securing the plantation trade, great abuses are daily committed to the prejudice of the English navigation and the loss of a great part of the plantation trade to this kingdom by the artifice and cunning of ill-disposed persons, for remedy whereof for the future," etc. * * *

Section sixth. "And for the more effectual preventing of frauds and regulating abuses in the plantation trade in America, be it further enacted by the authority aforesaid, that all ships coming into, or going out of any of the said plantations, and lading or unlading any goods or commodities, whether the same be his Majesty's ships of war or merchant ships, and the masters and commanders thereof, and their ladings, shall be subject and liable to the same rules, visitations, searches, penalties, and forfeitures, as to the entering, landing, and discharging their respective ships and ladings, as ships and their ladings, and the commanders and masters of ships, are subject and liable unto in this kingdom, by virtue of an act of Parliament made in the fourteenth year of the reign of King Charles II., instituted an act for preventing frauds and regulating abuses in his Majesty's customs. And that the officers for collecting and managing his Majesty's revenue, and inspecting the plantation trade, and in any of the said plantations, shall have the same powers and authorities for visiting and searching of ships, and taking their entries, and for seizing and securing, or bringing on shore any of the goods prohibited to be imported or exported into or out of any the said plantations, or for which any duties are payable, or ought to have been paid, by any of the before mentioned acts, as are provided for the officers of the customs in England by the said last mentioned act, made in the fourteenth year of the reign of King Charles II.; and also to enter houses or warehouses, to search for and seize any such goods; and that all the wharfingers and owners of keys and wharves, or any lightermen, bargemen, watermen, porters, or other persons assisting in the conveyance, concealment, or rescue of any of the said goods, or in the hindering or resistance of any of the said officers in the performance of their duty, and the boats, barges, lighters, or other vessels employed in the conveyance of such goods, shall be subject to the like pains and penalties, as are provided by the same act made in the fourteenth year of the reign of King Charles II., in relation to prohibited or unaccustomed goods in this kingdom; and that the like assistance shall be given to the said officers in the execution of their office, as by the said last mentioned act is provided for the officers in England; and, also, that the said officers shall be subject to the same penalties and forfeitures, for any corruptions, frauds, counivances, or concealments, in violation of any the before mentioned laws, as any officers of the customs in England are liable to, by virtue of the last mentioned act; and, also, that in case any officer or officers in the plantations shall be seized or molested for anything done in the execution of their office, the said officer shall and may plead the general issue, and shall give this or other custom-acts in evidence, and the judge to allow thereof, have and enjoy the like privileges and advantages as are allowed by law to the officers of his Majesty's customs in England."

APPENDIX.

STAT. 6, GEOR. II., CHAP. 13.

321

"An act for the better securing and encouraging the trade of his Majesty's sugar colonies in America.

Section first. "Whereas, the welfare and prosperity of your Majesty's sugar colonies in America are of the greatest consequence and importance to the trade, navigation, and strength of this kingdom; and whereas, the planters of the said sugar colonies have of late years fallen under such great discouragements, that they are unable to improve or carry on the sugar trade upon an equal footing with the foreign sugar colonies, without some advantage and relief be given to them from Great Britain; for remedy whereof, and for the good and welfare of your Majesty's subjects, we, your Majesty's most dutiful and loyal subjects, the commons of Great Britain, assembled in Parliament, have given and granted unto your Majesty the several and respective rates and duties hereinafter mentioned, and in such manner and form as is hereinafter expressed; and do most humbly beseech your Majesty that it may be enacted, and be it enacted by the king's most excellent Majesty, by and with the consent of the lords, spiritual and temporal, and commons, in the present Parliament assembled, and by the authority of the same, that from and after the twenty-fifth day of December, one thousand seven hundred and thirty-three, there shall be raised, levied, collected and paid unto, and for the use of his Majesty, his heirs and successors, upon all rum or spirits of the produce or manufacture of any of the colonies or plantations in America, not in the possession or under the dominion of his Majesty, his heirs and successors, which at any time or times, within or during the continuance of this act, shall be imported or brought into any of the colonies or plantations in America, which now are, or hereafter may be, in the possession or under the dominion of his Majesty, his heirs or successors, the sum of ninepence, money of Great Britain, to be paid according to the proportion and value of five shillings and sixpence the ounce in silver, for every gallon thereof, and after that rate for any greater or lesser quantity; and upon all molasses or syrups of such foreign produce or manufacture, as aforesaid, which shall be imported or brought into any of the said colonies of or belonging to his Majesty, the sum of sixpence of like money for every gallon thereof, and after that rate for any greater or lesser quantity; and upon all sugars and paneles of such foreign growth, produce, or manufacture, as aforesaid, which shall be imported into any of the said colonies or plantations of, or belonging to his majesty, a duty after the rate of five shillings of like money for every hundred weight avoirdupois of the said sugar and paneles, and after that rate for a greater or lesser quantity."

Section second.

Enacts simply that all duties imposed by the first section shall be paid down by the importer before landing.

Section third. "And be it further enacted, that in case any of the said commodities shall be landed, or put on shore in any of his Majesty's said colonies or plantations in America, out of any ship or vessel before due entry be made thereof, at the port or place where the same shall be imported, and before the duties by this act charged or chargeable thereupon shall be duly paid, or without a war

rant for the landing and delivering the same, first signed by the collector or impost officer, or other proper officer or officers of the custom or excise, belonging to such port or place respectively, all such goods as shall be so landed or put on shore, or the value of the same shall be forfeited; and all and every such goods as shall be so landed or put on shore, contrary to the true intent and meaning of this act, shall, and may be seized by the governor or commander-in-chief, for the time being, of the colonies or plantations where the same shall be so landed or put on shore, or any person or persons by them authorized in that behalf, or by warrant of any justice of the peace or other magistrate (which warrant such justice or magistrate is hereby empowered and required to give upon request), or by any custom-house officer, impost, or excise officer, or any person or persons him or them accompanying, aiding, and assisting; and all and every such offence and forfeiture, shall, and may be prosecuted for and recovered in any court of admiralty in his majesty's colonies or plantations in America (which court of admiralty is hereby authorized, empowered, and required to proceed to hear, and finally determine the same), or in any court of record in the said colonies or plantations where such offence is committed, at the election of the informer or proseccutor, according to the course and method used and practised there in prosecution for offences against penal laws relating to customs or excise; and such penalties and forfeitures so recovered there shall be divided as follows," etc., etc.

The remaining sections have reference only to the penalties, onus probandi, and charge of prosecution.

APPENDIX G.

PREAMBLE TO THE STAMP ACT.

'An Act for granting and applying certain Stamp Duties, and other Duties, in the British Colonies and Plantations in America, toward further defraying the Expenses of defending, protecting, and securing the same; and for amending such Parts of the several Acts of Parliament relating to the Trade and Revenues of the said Colonies and Plantations, as direct the Manner of determining and recovering the penalties and forfeitures therein mentioned."

[The great length of the act, which covers thirty-nine pages of large 12m0, precludes the possibility of its repetition here.]

INDEX.