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which shall have been feized as forfeited by any Officer or Officers of the Customs, or by any other Perfon or Persons who by virtue and under the Authority of any Act or Acts of Parliament made for the Protection of Trade, the Benefit of Commerce, or for the encouraging and encreafing of Shipping and Navigation, or in any respect relating to the Department of the Cuftoms, to be reftored to the Proprietor or Proprietors on the Terms and Conditions hereinafter mentioned ;' Be it therefore enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this present Parliament affembled, and by the Authority of the fame, That all Certain Powers the Powers and Authorities vefted in the Commiffioners of the Customs vefted in Comin England and Scotland refpectively by the faid recited A&t paffed in milioners of Cuttoms by rethe Twenty feventh Year of the Reign of His prefent Majefty, by cited Act to virtue of which the Commiffioners of the Customs in England for the extend to Seitime being, or any Four or more of them, or the Commiffioners of zures under any the Customs in Scotland for the time being, or any Three or more of other Act. them, are authorized to direct any Goods or Commodities whatever, or any Ships, Veffels, Boats, Horfes, Cattle or Carriages feized as forfeited by virtue and in purfuance of any Act or Acts relating to the Revenue of Cuftoms, to be restored to the Proprietor or Proprietors, on the Proof and on the Terms and Conditions in the said Act mentioned, fhall extend and be conftrued to extend to authorize the Commiffioners of the Customs in England for the time being, or any Four or more of them, or the Commiffioners of the Cuftoms in Scotland for the time being, or any Three or more of them, according to their respective Jurifdictions, to order any Goods or Commodities whatever, or any Ships, Veffels, Boats, Horfes, Cattle or Carriages that shall have been or fhall be feized as forfeited either by any Officer or Officers of the Customs, or by any other Perfon or Perfons whatfoever by virtue or in purfuance of any Act or Acts of Parliament made for the Protection of Trade, the Benefit of Commerce, or the encouraging and increafing of Shipping and Navigation, or by virtue and in pursuance of any other Act or Acts of Parliament in any refpect relating to the Department of the Cuftoms, to be reftored to the Proprietor or Proprietors, whether fuch Goods or Commodities, Ships, Veffels, Boats, Horfes, Cattle or Carriages fhall have been feized as forfeited in Great Britain or on the High Seas, or in any other of His Majelly's Dominions, Colonies, Settlements or Planta- Provifo. tions, in cafe Evidence fhall be given to the Satisfaction of the faid Commiffioners, according to their refpective Jurifdictions, that the Forfeiture arofe without any Defign of Fraud in the Proprietor or Proprietors of fuch Goods or Commodities, Ships, Veffels, Boats, Horfes, Cattle or Carriages; and alfo, in cafe the Seizure fhall have been made by any fuch Officer or Officers, or other Perfon or Perfons as aforefaid in any of His Majefty's Colonics, Settlements or Plantations, or on the High Seas, and it fhall be made appear to the Satisfaction of the Commiffioners of the Customs in England for the time being, or any Four or more of them, that fuch Seizure was occafioned by the Proprietor or Proprietors of any fuch Goods or Commodities, Ships, Veffels, Boats, Horfes, Cattle or Carriages having acted in conformity with any Orders or Directions which the Governor or Chief Officer of any fuch Colony, Settlement or Plantation fhall have deemed it expedient on any particular Emergency to iffue.

II. And

Seizures re

flored to Pro

prietors on fuch Conditions as

all direct, &

II. And be it further enacted, That in any cafe wherein the said Commiffioners of the Cuftoms in England and Scotland refpectively fhall exercise the Powers hereby vefted in them, fuch Goods or ComCommillioners modities, Ships, Veffels, Boats, Horfes, Cattle or Carriages fhall be restored to the Proprietor or Proprietors in fuch manner and on fuch Terms and Conditions as under the Circumftances of the case shall appear to the faid Commiffioners in England and Scotland respectively to be reasonable, and as they shall think fit to direct; and if the said Proprietor or Proprietors fhall comply with the Terms and Conditions prescribed by fuch Commiffioners in England and Scotland refpectively, it fhall not be lawful for the Officer or Officers of the Customs, or any other Person or Perfons as aforefaid who shall have feized fuch Goods or Commodities, Ships, Veffels, Boats, Horses, Cattle or Carriages, or any other Perfon or Perfons whatever on his or their behalf, to proceed in any manner for the Condemnation thereof; but if fuch Proprietor or Proprietors fhall not comply with the Terms and Conditions prefcribed by the faid Commiffioners refpectively, fuch Officer or Officers, Perfon or Perfons, fhall be at Liberty, and is and are hereby authorized to proceed for the Condemnation of fuch Goods or Commodities, Ships, Veffels, Boats, Horfes, Cattle or Carriages, as if this Law had not been made: Provided always, that if fuch Proprietor or Proprietors fhall accept the Terms and Conditions prefcribed by the faid Commiffioners of the Cuftoms refpectively, fuch Proprietor or Proprietors fhall not have or be entitled to any Recompence or Damage on account of the Seizure or Detention of fuch Goods or Commodities, Ships, Veffels, Boats, Horfes, Cattle or Carriages, or have or maintain any Action whatever for the fame; any Law, Cuftom or Usage to the contrary notwithftanding.

Provifo

49 G. 3. e. 47.

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repealed.

Direction for

Shipping certain

Produce South of Cape Finel

terre for Exportation direct to

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in North America.

WH

CAP. XCVII.

An Act to regulate the Trade between Places in Europe South
of Cape Finisterre, and certain Ports in the British Colonies
[26th June 1811.]
THEREAS it is expedient that an A&t paffed in the Forty
ninth Year of the Reign of His prefent Majefty, intituled,
• An A&t to permit certain Articles, the Growth, Production or Manu –
facture of Europe, to be laden and shipped on board Ships arriving
with British North American Produce, and Fish taken by Settlers in
the British North American Colonies, at any Port of Europe, in
order to be exported to the principal Ports in the British Colonies and
• Plantations in North America, should be repealed, and other Provi-
fions fhould be made for the Encouragement of the said Trade:
May it therefore pleafe Your Majefty that it may be enacted; and
be it enacted by the King's Molt Excellent Majefty, by and with
the Advice and Confent of the Lords Spiritual and Temporal, and
Commons, in this prefent Parliament affembled, and by the Authority
of the fame, That, from and after the paffing of this Act, the faid
recited A&t fhall be and the fame is hereby repealed.

II. And be it further enacted, That, from and after the paffing
of this Act, any Fruit, Wine, Oil, Salt or Cork, the Produce of
any Part of Europe South of Cape Finisterre, may be shipped and
laden in any Port or Place of Europe South of Cape Finisterre, for

Export

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rica.

Exportation, direct to any of the feveral Ports hereinafter mentioned; certain Ports of that is to fay, the Port of Saint John's in the Province of New Brunf. British Colonies wick, Saint John's in the Island of Newfoundland, Quebec in the Pro- in North Ame vince of Canada, Sydney in the Island of Cape Breton, Halifax and Shelburn in the Province of Nova Scotia, and Charlotte Town in Prince Edward's Ifland, all in North America, on board of any British Ship or Veffel owned, navigated and registered according to Law, which fhall have arrived at any Port or Place in Europe South of Cape Finifterre, with Articles of the Growth or Produce of the faid Colonies, or with Fish taken and cured by His Majesty's Subjects carrying on the Fisheries from any of the faid Colonies or Plantations, or from any Part of the United Kingdom, or with any of the Goods or Commodities hereinafter mentioned from the Province of Canada, whether fuch Goods and Merchandize fhall be the Growth or Produce of the Province of Canada, or fhall have been brought into the faid Province by Land or luland Navigation.

III. And be it further enacted, That the Articles aforefaid, the Dutics. Produce of any Part of Europe South of Cape Finisterre, fhall, before the Importation thereof into any of the feveral Ports before enumerated, be fubject and liable to the Payment of fuch Duties as Goods of the like Denomination or Defcription are fubject and liable to, upon being imported into any of the faid feveral Ports from Great Britain, and no other or higher Duties; any thing in any Act or Acts of Parliament to the contrary thereof notwithstanding.

Cargo from Nova

Scotia, &c. to any Port South of Cape Finitterre to make

IV. And be it further enacted, That the Merchant or other Perfon Exporter of exporting any Cargo from any Port in the Provinces of Nova Scotia or of New Brunswick, for any Port of Europe South of Cape Finifterre, under this Act, fhall make Oath at the Port of Shipment in thofe Provinces before the Chief Officer of the Cuftoms at fuch Port, or before the Naval Officer in Command at fuch Port, which Oath Oath to certain fuch Officer of the Cuftoms or Naval Officer is hereby authorized to Particulars, &c. adminifter, that the Cargo fo fhipped is the Growth and Produce of the faid Provinces, or the Produce of the British Fisheries in North America, really and bona fide taken and cured by His Majefty's Subjects carrying on the faid Fisheries from fome of the faid Colonies or Plantations, and such Officer of the Cuftoms or Naval Officer at such Port of Shipment fhall certify such Oath under his Hand, which Certificate fhall be produced by the Mafter or other Perfon having the Charge or Command of the Ship or Veffel on board of which any fuch Cargo is shipped, on his Arrival at the Port in Europe within the Limits aforefaid to which fuch Cargo fhall be configned, or to which fuch Ship or Veffel fhall go for the Delivery of the Cargo; and the Malter or other Perfon having or taking the Charge or Command of fuch Ship or Veffel fhall make Oath before the British Conful there refident, or if there fhall be no British Conful there refident, then before Two known British Merchants there refident, (which Oath he or they are hereby authorized and required to adminilter) that the Certificate fo produced was the Certificate of the Officer of the Cuftoms or Naval Officer whofe Name it bears, and was duly figned by him.

V. And be it further enacted, That it fhall be lawful to export Expertation of from Canada, in a British-built Ship, owned, navigated and registered Wheat, &c. according to Law, into any Port of Europe within the Limits afore- from Canada faid, the feveral Articles hereinafter mentioned, without any Oath

into Port of
any
Europe within

Limits afore-
Laid, &c.
Certificate of
Growth pro-

ter.

being required of their being the Growth or Produce of the faid Province, or any Certificate being required of the Country from whence they came; that is to fay, Wheat, Flour, Pease, Beans, Oats, Barley, duced by Maf- Indian Corn, Rye, White Oak Staves and Heading dreffed or undreffed, Hoops, Pine Plank and Boards; and the Mafter or other Perfon having Charge of any fuch British-built Ship or Veffel laden with any of the faid Articles, and exporting the fame from Canada to any Port of Europe within the Limits aforefaid, fhall only be required to produce a Certificate from the Chief Officer of the Cuttoms, or the Naval Officer in Command at Quebec, that the faid Articles were either the Growth of or brought into Canada conformably to the Regulations eftablished by Law in the faid Province (if any) by Land or Inland Navigation, from Countries bordering thereon; and which Certificate fuch Officer of the Cuftoms or Naval Officer is hereby authorized and required to grant upon fatisfactory Proof being made upon Oath or otherwife (which Oath he is autho rized to administer) and the Authenticity of fuch Certificate shall be fworn to in manner aforefaid, by the Mafter or other Person having the Charge of fuch Ship or Vessel at the Port of Delivery in Europe, within the aforefaid Limits.

Before Ship. ment of Fish for Exportation from Canada, Oath that they are the Produce of the British

eries.

VI. And be it further enacted, That before the Shipment on board any fuch British-built Ship or Veffel, of any Pickled Fish, or Dry Fish, for the Purpofe of Exportation from Canada, to any Port of Europe within the Limits aforefaid, the Person in whose Poffeffion the fame has continued from the time of its being landed from the Fishing Veffel employed in the taking it, until the fame shall be shipped American Fish for Exportation, fhall make Oath before the Chief Officer of the Cuftoms, or the Naval Officer in Command at Quebec (who fhall be authorized to adminifter fuch Oath), that the fame was the Produce of the British American Fisheries, really and bona fide taken and cured by His Majesty's Subjects carrying on the faid Fisheries from fome of the faid Colonies or Plantations, and on fuch Oath being taken at Quebec, the faid Officer of the Cuftoms or Naval Officer fhall grant Certificate thereof figned with his Hand, which Certificate only the Mafter or other Perfon having Charge of fuch Ship or Veffel fhall be required to produce at the Port of Delivery in Europe within the Limits aforefaid, and fhall make Oath of the Authenticity of fuch Certificate in manner aforefaid.

Forfeitures how recovered and

applied.

VII. And be it further enacted, That any Ship or Vessel, or any Goods, Wares or Merchandize, fubject to Forfeiture under the Provifions of this Act, thall and may be feized by any Officer or Officers of the Customs in the faid Colonies or Plantations refpectively, or by the Commander of any of His Majefty's Ships or Veffels of War; and the fame fhall and may be profecuted, fued for, recovered and divided in the fame Manner and Form, and by the fame Rules and Regulations in all refpects, as far as the fame are applicable, as any other Forfeiture impofed by any Act or Acts made for the Security of the Revenue, or for the Regulation or Improvement thereof, or for the Regulation of Trade or Navigation, and which were in force on or immediately before the paffing of this Act, may be profecuted, fued for, recovered and divided, in any British Colony or Plantation in America.

CAP.

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An Act to indemnify fuch Perfons in the United Kingdom as have omitted to give Securities and to regifter Memorials thereof, under an Act of the laft Seflion of Parliament, and for extending the times limited for thofe Purposes refpectively, until Two Months after the Commencement of the next Seffion of Parliament. [26th June 1811.] THEREAS divers Perfons who, by reafon of their Appointments to or holding of certain Offices or Employments, or Commiffions Civil or Military, in any Publick Department, or of • Publick Truft, or who, by reafon of being concerned in the Col•lection, Receipt, Disbursement or Expenditure of any Publick Money, or otherwife, are or may be required or bound, under the • Provitions of an Act paffed in the Fiftieth Year of His prefent Majefty, intituled, An Ad to regulate the taking of Securities in all 50 G. 3. c.85. Offices in respect of which Security ought to be given; and for avoiding the Grant of all fuch Offices, in the Event of fuch Security not being given within a time to be limited after the Grant of fuch Office, to give any fuch Security, or to regifter any fuch Memorial as is mentioned in that Act, or to give Notice of the Death of any Surety, or, upon the Death of any fuch Surety, to give Security of another Surety," and to register a Memorial of the Security of fuch new Surety according to the Directions of that Act, have, through Ignorance of the Law, Abfence, or fome unavoidable Accident, omitted or may omit to give fuch Securities and to caufe fuch Memorials thereof to be duly registered, or to give Notice of the Death of any Surety as aforefaid, within fuch time and in fuch manner as in and by the faid Act is required, whereby they have incurred, or may be in Danger of incurring divers Penalties and Difabilities;' For preventing any Inconveniences that might otherwife happen by means of fuch Omiflions, be it enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and

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nified.

by the Authority of the fame, That all and every Perfon or Persons In what cafe who at or before the paffing of this Act hath or have omitted, or Perfons required fhall have omitted, or fhall after the paffing of this Act omit to give by recited Act fuch Security, and to caufe fuch Memorial thereof to be duly ties who have to give Securiregistered, in fuch manner, as in and by the faid recited Act is omitted to do so, required, or to give Notice of the Death of any fuch Surety as afore- or to register faid, and who after being appointed to and accepting any fuch Office, Memorials Place or Employment, or undertaking any thing, on account of which thereof, indem fuch Security ought to have been or ought to be given, and fuch Memorial thereof registered at any time before the paffing of this Act, hath or have given fuch Security, and registered fuch Memorial, or given fuch Notice, or who at any time before the Expiration of Two' Months from the Commencement of the next Seffion of Parliament, fhall give fuch Security, and regifter fuch Memorial, or give fuch Notice as aforefaid, in fuch cafes, in fuch manner, and at or in fuch Place or Places as are appointed in and by the faid recited Act, fhall be and are hereby indemnified, freed and discharged from and against all Penalties, Forfeitures, Incapacities and Difabilities incurred or to be incurred for or by reafon of any Neglect or Omiffion of giving any fuch Security, or registering any fuch Memorial, or giving any fuch

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