in mentioned.

the faid lands, iflands, plantations, colonies, territories, or mitation thereplaces, and there freely to traffick with, and vend the same; any thing in the faid act, or in any other act, to the contrary thereof in any wife notwithstanding.

arrival be first

delivered,

II. Provided nevertheless, That no fhip or veffel coming to No ship to any of the faid lands, islands, plantations, colonies, territories, break bulk or places, from the faid kingdom of Ireland, shall unlade, or until notice of break bulk, until the master or commander of fuch fhip or given to the yeffel fhall firft have made known to the governor of fuch land, governor, inland, plantation, colony, territory, or place, or to fuch perfon or officer as shall be by him thereunto authorized and appointed, the arrival of the said ship or veffel, with her name, and the name and furname of the mafter or commander, and fhall have delivered to fuch governor or officer, a true and per- and an infect inventory or invoice of the lading of fuch fhip or veffel, to- voyce of the gether with a certificate from the chief officer of the port in lading, &c. Ireland, where such ship or veffel fhall be laden, expreffing the particulars of fuch lading, with the names and abodes of the exporters, and of two perfons at the leaft, who fhall have made oath before fuch chief officer, that the faid goods and linen are bona fide of the manufacture of the faid kingdom of Ireland, and until the master or cominander of fuch fhip or veffel fhall have made oath before fuch governor or officer, that the faid goods, and every parcel thereof, are the fame goods that he, the said master or commander, took on board by virtue of fuch certificate, as is aforefaid, nor until fuch fhip or veffel fhall have been vifited and fearched by an officer or officers; and in Penalty on cafe the commander of any fuch fhip or veffel fhall unlade, commander or break bulk, before fuch notice given, and fuch certificate offending. produced, and fuch oath made by fuch commander, or before fuch fearch made, as aforefaid, or if upon such search any goods whatsoever of woollen manufacture, not laden in England (neceffary apparel of the commander and mariners only excepted) or any linen goods not laden in England, nor of the manufacture of Ireland, fhall be found in fuch thip or veffel; in all or any of the faid cafes, fuch fhip or veffel fhall be, and is hereby adjudged forfeited, with all her guns, tackle, ammunition and furniture, together with all fuch goods and commodities, of what kind foever, as fhall be imported or found in fuch ship; one third part to her Majefty, her heirs and fucceffors, one third part to the governor of such land, ifland, plantation, colony, territory, or place, into which fuch goods fhall be imported, if the faid fhip, veffel, or goods be there feized, informed against, or fued for (or otherwise that third part alfo to her Majefty, her heirs and fucceffors) and the other third part to him or them who fhall fue for the fame in her Majesty's court, in fuch of the faid lands, iflands, colonies, plantations, territories, or places, where the offence fhall be committed, or in any of her Majesty's courts at Westminster, by bill, plaint, information, or other action, wherein no effoin, protection, or wager of law fhall be allowed.

H4

III. And

Ships coming III. And be it further enacted, That all fhips coming from from Ireland, Ireland, to any fuch land, ifland, colony, plantation, territory, vifited in like or place, thall be fubject to the fame rules, vifitations, fearches,

liable to be

manner as

ships from England.

Penalty on importing Scotch linen

into Ireland after 25

penalties, and forfeitures, to which fhips coming from England to any of the faid colonies, plantations, or places, are fubject or liable to by any law now in force.

IV. And for the preventing of frauds that may be committed, by exporting from Ireland linen of the manufacture of the kingdom of Scotland, and for the effectual reftraining the importation of all fuch linen into Ireland: be it enacted by the authority March, 1705. aforefaid, That all and every perfon and perfons, who fhall from and after the five and twentieth day of March, one thousand feven hundred and five, import or caufe to be imported into the kingdom of Ireland, any linen whatsoever of the manufac ture of Scotland, fhall forfeit the fum of twenty fhillings for every yard of Scotch linen fo imported, together with the faid linen.

Linen fo pro

feized, and importers profecuted.

After con

V. And be it further enacted, That in cafe any fuch linen hibited to be fo prohibited to be imported into Ireland, fhall after the faid five and twentieth day of March, be found any where within the faid kingdom, the fame, or any part thereof, fhall and may be feized, and the importers thereof profecuted by any perfon whatsoever; and that all linen of the manufacture of Scotland, which shall be seized by virtue of this act, fhall be carried to the next cuftom-house in the kingdom of Ireland, and fhall not thence be delivered, unless in order to be produced at a trial, or unless the fame be otherwise discharged by due courfe of law: and in cafe demnation to the goods fo feized, or any part thereof, fhall be condemned, the fame fhall be told publickly by inch of candle, whereof notice in writing by a paper affixed at the door of such customhoufe, fhall be given at least twenty days before the said sale; and the goods fo fold fhall not be delivered to the buyer or vered until buyers thereof, until he, fhe or they have entred into bonds, bond given for exporting with two fufficient fureties to the Queen's majefty, her heirs fuch goods for and fucceffors, in double the value of the faid goods, with three months condition to export the fame, and every part thereof, within out of Ireland, three months after the date of the faid obligation, out of the

be fold by inch of candle.

But not deli

&c.

How bond fhall be vacated.

kingdom of Ireland, and not to import the fame, or any part thereof, into any of her Majesty's colonies, plantations or dominions in Afia, Africa, or America: which faid obligation fhall be vacated upon certificate of the chief officer of the port, from whence the faid goods fhall be exported, of the exportation thereof, and upon oath made by the exporter, that all and every part of the faid goods were exported, pursuant to this act, and that no part thereof hath been landed in any of her Majefty's colonies, plantations or dominions in Afia, Africa Penalty on net or America; and in cafe the faid goods fhall not be exported exporting <accordingly, the perfon or perfons in whofe cuftody the faid goods, or any part thereof, fhall be found, fhall be again liable to all the penalties and forfeitures by this act impofed, as if the fame had never been seized.

fuch goods.

VI. And

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 ifiving at the importation of any fuch officer fhall knowingly connive at the importation of Scotch-linen. any Scotch-linen, contrary to the true meaning of this act, fuch officer (hall forfeit and lose the fum of one hundred pounds, and be for ever incapable of ferving her Majesty, 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 fued for, and recover-fed by this act, feitures impoed 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 Majesty, 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 perfons Ann. c. 8. are repealed by or perfons be fued, molefted or profecuted, for or by reafon of Perfons fued any seizure made in pursuance of this act, such person and per- may plead the fons may plead the general iffue, and give this act and the special general issue. matter in evidence; and if afterwards a verdict fhall pass for the defendant or defendants, or if the plaintiff fhall difcontinue his action, or be nonfuited, or if judgment be given against him, then fuch defendant or defendants fhall have double cofts.

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.

den for the

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- lih hips lato any port or place in Ireland, and shall there take in any white 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 veffel in any of the said plantations, fuch certificate be produced, and oaths made, as aforesaid, such thip or veffel, her mafter or commander, and lading, fhall be fubject and liable to fuch rules, vifitations, fearches, penalties, and forfeitures, as they respectively 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 fhall continue only for the term Act to con of eleven years, [Continued by 3 Geo. I. c. 21.]

tinue eleven

years.

CAP.

Promiffory notes may be affigned or indorsed, and action main

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

CAP. IX.

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

HEREAS it hath been held, That notes in writing, figned

by the party who makes the fame, whereby fuch party promifes to pay unto any other perfon, or his order, any fum of money therein mentioned, are not affignable or indorfible over, within the custom of merchants, to any other perfon; and that such person to whom the fum 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 perfon to whom fuch note shall 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 fhall 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 present 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 thousand seven hundred and five, fhall be made and figned by any person or persons, 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 fuch promiffory notes for him, her, or them, whereby fuch perfon or perfons, body politick and cor porate, his, her, or their fervant or agent, as aforefaid, doth or fhall promise to pay to any other perfon or persons, 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 shall be by fuch note made payable, fhall and may maintain an ac tion for the fame, in fuch manner as he, the, or they might do, upon any inland bill of exchange, made or drawn according to the custom of merchants, against the person or persons, body politick and corporate, who, or whofe fervant or agent, as aforefaid, figned the fame; and that any perfon or perfons, 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, shall and may maintain his,

her,

her, or their action for fuch fum of money, either against the perfon or perfons, body politick and corporate, who, or whose Lervant 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 cofts against the Plaintiff or plaintiff or plaintiffs; and every fuch plaintiff or plaintiffs, de- defendant fendant or defendants, refpectively recovering, may fue out may recover execution for fuch damages and cofts by capias, fieri facias, or elegit.

cofts.

II. And be it further enacted by the authority aforefaid, How action That all and every fuch actions fhall be commenced, fued thall 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 Firft, in- 21Jac.1.c.16. tituled, An act for limitation of actions, and for avoiding of fuits

in law.

notes.

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.

IV. And whereas by an act of parliament made in the ninth year 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 faid bill or bills are made payable, his fervant, agent, or affigns, may and fhall caufe the fame bill or bills to be protefled in manner as in the faid act is enacted: and whereas by there being no provifion 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 hand, all merchants 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 refusing 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 fhall be drawn, fhall refuse to accept the fame, protested for by underwriting the fame, as aforefaid, the party to whom the non-acceptfaid bill or bills are made payable, his fervant, agent, or ance. 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