into any the ports or places aforesaid, in any other ship or vessel than which doth truly and without fraud belong to England, Ireland, Wales, or town of Berwick upon Tweed, and navigated with the mariners thereof, as aforesaid, shall be deemed aliens goods, and pay all strangers customs and duties to his Majesty, his heirs and successors, as also to the town or port into which they shall be imported; and that all sorts of masts, timber, or boards, as also all foreign salt, pitch, tar, rosin, hemp, flax, raisins, figs, prunes, olive-oils, all sorts of corn or grain, sugar, pot-ashes, spirits commonly called brandy-wine, or aqua-vitæ, wines of the growth of Spain, the islands of the Canaries or Portugal, Madera, or Western Islands; and all the goods of the growth, production, or manufacture of Muscovy or Russia, which, from and after the first day of April, which shall be in the year of our Lord one thousand six hundred sixty-one, shall be imported into any the aforesaid places in any other than such. shipping, and so navigated; and all currans and Turky commodities which from and after the first day of September, one thousand six hundred sixty-one, shall be imported into any the places aforesaid, in any other than English-built shipping, and navigated as aforesaid, shall be deemed aliens goods, and pay accordingly to his Majesty, his heirs and successors, and to the town or port into which they shall be imported.

prevent

foreign

EXP.

11. sect. 6.

tered.

X. And for prevention of all frauds which may be used in colouring or buying How to of foreign ships, be it enacted by the authority aforesaid, and it is hereby enacted, sin That, from and after the first day of April, which shall be in the year of our Lord one colouring thousand six hundred sixty-one, no foreign-built ship or vessel whatsoever shall be and buying deemed or pass as a ship to England, Ireland, Wales, or town of Berwick, or any of ships. them belonging, or enjoy the benefit or privilege of such a ship or vessel, until such See 13 & 14 time that he or they claiming the said ship or vessel to be theirs, shall make appear Car. 2. c. to the chief officer or officers of the customs in the port next to the place of his or The oath to their abode, that he or they are not aliens, and shall have taken an oath before such beadmipi chief officer or officers, who are hereby authorised to administer the same, that such ship or vessel was bona fide and without fraud by him or them bought for a valuable consideration, expressing the sum, as also the time, place, and persons from whom it was bought, and who are his part-owners (if he have any); all which part-owners shall be liable to take the said oath before the chief officer or officers of the custom-house of the port next to the place of their abode, and that no foreigner directly or indirectly hath any part, interest, or share therein; and that upon such oath he or they shall receive a certificate under the hand and seal of the said chief officer or officers of the port where such person or persons so making oath do reside, whereby such ship or vessel may for the future pass and be deemed as a ship belonging to the said port, and enjoy the privilege of such a ship or vessel; and the said officer or officers shall keep a register of all such certificates as he or they shall so give, and return a duplicate thereof to the chief officers of the customs at London, for such as shall be granted in England, Wales, and Berwick, and to the chief officers of the customs at Dublin, for such as shall be given in Ireland, together with the names of the person or persons from whom such ship was bought, and the sum of money which was paid for her, as also the names of all such persons who are part-owners of her, if any such be.

the Customs

privilege

XI. And be it further enacted by the authority aforesaid, That if any officers of the officers of customs shall, from and after the said first day of April, allow the privilege of being not to ala ship or vessel to England, Ireland, Wales, or town of Berwick, or any of them low any belonging, to any foreign-built ship or vessel, until such certificate be before them to any toproduced, or such proof and oath taken before them; or if any officer of the customs reign-balt shall allow the privilege of an English-built ship, or other ship to any of the aforesaid certicate places belonging, to any English or foreign-built ship coming into any port, and or proof,

ship, until

c.

37. sec. 21.

Altered by making entry of any goods, until examination whether the master and three fourths of the mariners be English; or shall allow to any foreign-built ship bringing in the commodities of the growth of the country where it was built, the privilege by this act to such ship given, until examination and proof whether it be a ship of the built of that country, and that the master and three fourths of the mariners are of that country; or if any person who is or shall be made governor of any lands, islands, plantations, or territories, in Africa, Asia, or America, by his Majesty, his heirs or successors, shall suffer any foreign-built ship or vessel to load or unload any goods or commodities within the precincts of their governments, until such certificate be produced before them, or such as shall be by them appointed to view the same, and examination whether the master and three fourths of the mariners at least be English; that for the first offence such officer of the customs and governors shall be put out of their places, offices, or governments.

Proviso for goods of the

Levant.

XII. Provided always, That this act, or any thing therein contained, extend not, or be meant, to restrain and prohibit the importation of any the commodities of the Streights or Streights or Levant Seas, loaden in English-built shipping, and whereof the master and In part re- three fourths of the mariners at least are English, from the usual ports or places for lading of them heretofore. within the said Streights or Levant Seas,, though the said commodities be not of the very growth of the said places.

pealed by c. 14.

East India commodities.

Proviso for goods im

ported

XIII. Provided also, That this act, or any thing therein contained, extend not, or be meant, to restrain the importing of any East India commodities loaden in Englishbuilt shipping, and whereof the master and three fourths of the mariners at least are English, from the usual place or places for lading of them in any part of those seas, to the southward and eastward of Cabo bona Esperanza, although the said ports be not the very places of their growth.

XIV. Provided also, That it shall and may be lawful to and for any of the people of England, Ireland, Wales, islands of Guernsey or Jersey, or town of Berwick upon from Spain, Tweed, in vessels or ships to them belonging, and whereof the master and three fourths Portugal, of the mariners at least are English, to load and bring in from any of the ports of Spain Madera, or or Portugal, or Western Islands, commonly called Azores, or Madera, or Canary Canary Islands, all sorts of goods or commodities of the growth, production, or manufacture of the plantations or dominions of either of them respectively.

Azores,

islands.

Proviso for

and goods

XV. Provided, That this act, or any thing therein contained, extend not to bullion, bullion, nor yet to any goods taken, or that shall be bond fide taken, by way of reprisal by any taken by ship or ships belonging to England, Ireland, or Wales, islands of Guernsey or Jersey, or town of Berwick upon Tweed, and whereof the master and three fourths of the mariners at least are English, having commission from his Majesty, his heirs or

way of reprisal.

Proviso

goods of

successors.

XVI. Provided always, That this act, or any thing therein contained, shall not exconcerning tend, or be construed to extend, to lay aliens duties upon any corn of the growth of Scotland. Scotland, or to any salt made in Scotland, nor to any fish caught, saved, and cured by the people of Scotland, and imported directly from Scotland in Scotch-built ships, and whereof the master and three fourths of the mariners are of his Majesty's subjects; nor to any seal-oil of Russia, imported from thence into England, Ireland, Wales, or town of Berwick upon Tweed, in shipping bona fide to some of the places belonging, and whereof the master and three fourths of the mariners at least are English.

The duty payable

XVII. Provided also, and it is hereby enacted, That every ship or vessel belonging upon goods to any the subjects of the French King, which from and after the twentieth day of in French October, in the year of our Lord one thousand six hundred and sixty, shall come into forced by any port, creek, harbour, or road, of England, Ireland, Wales, or town of Berwick upon Tweed, and shall there lade or unlade any goods or commodities, or take in

ships. En

13 & 14

Enlarged

and melos

or set on shore any passengers, shall pay to the collector of his Majesty's customs in Car. 2. c. such port, creek, harbour, or road, for every ton of which the said ship or vessel is of Enc. 24. burthen, to be computed by such officer of the customs as shall be thereunto appointed, as to rice the sum of five shillings current money of England: And that no such ship or vessel ses by 3 & be suffered to depart out of such port, creek, harbour, or road, until the said duty be 4 Anne, c. fully paid: And that this duty shall continue to be collected, levied, and paid, for and as to such time as a certain duty of fifty sols per ton, lately imposed by the French King, copper ore or any part thereof, shall continue to be collected upon the shipping of England lading in c. 18. sect. France, and three months after, and no longer.

XVIII. And it is further enacted by the authority aforesaid, That from and after the first day of April, which shall be in the year of our Lord one thousand six hundred sixty-one, no sugars, tobacco, cotton-wool, indigoes, ginger, fustick, or other dying wood, of the growth, production, or manufacture of any English plantations in America, Asia, or Africa, shall be shipped, carried, conveyed, or transported from any of the said English plantations, to any land, island, territory, dominion, port, or place whatsoever, other than to such other English plantations as do belong to his Majesty, his heirs and successors, or to the kingdom of England, or Ireland, or principality of Wales, or town of Berwick upon Tweed, there to be laid on shore, under the penalty of the forfeiture of the said goods, or the full value thereof, as also of the ship, with all her guns, tackle, apparel, ammunition, and furniture; the one moiety to the King's Majesty, his heirs and successors, and the other moiety to him or them that shall seize, inform, or sue for the same in any Court of Record, by bill, plaint, or information, wherein no essoin, protection, or wager of law shall be allowed.

5. sect. 12.

22.

sailing to

plantati

ons, shall

to bring

England,

such bonds,

7 & 8 W. 3.

c. 13. sect.

XIX. And be it further enacted by the authority aforesaid, That for every ship or ships of vessel, which from and after the five and twentieth day of December, in the year of England, onr Lord one thousand six hundred and sixty shall set sail out of or from England, any English Ireland, Wales, or town of Berwick upon Tweed, for any English plantation in Plan America, Asia, or Africa, sufficient bond shall be given with one surety to the chief be bound officers of the custom-house of such port or place from whence the said ship shall set goods there sail, to the value of one thousand pounds, if the ship be of less burthen than one loaded into hundred tons; and of the sum of two thousand pounds, if the ship shall be of greater &c. burthen: That in case the said ship or vessel shall load any of the said commodities provisions at any of the said English plantations, that the said commodities shall be by the said ship relating to brought to some port of England, Ireland, Wales, or to the port or town of Berwick upon such Tweed, and shall there unload and put on shore the same, the danger of the scas only c. 22. sect. excepted: And for all ships coming from any other port or place to any of the aforesaid 18 Ann. plantations, who by this act are permitted to trade there, that the governor of such 23. English plantation shall, before the said ship or vessel be permitted to load on board any of the said commodities, take bond in manner and to the value aforesaid, for each land by 22 respective ship or vessel, that such ship or vessel shall carry all the aforesaid goods that c. 26. sect. shall be laden on board in the said ship to some other of his Majesty's English planta- 11. 22 & tions, or to England, Ireland, Wales, or town of Berwick upon Tweed: And that c. 16. sect. every ship or vessel which shall load or take on board any of the aforesaid goods, until 12. such bond given to the said governor, or certificate produced from the officers of any provisions custom-house of England, Ireland, Wales, or of the town of Berwick, that such bonds concerning have been there duly given, shall be forfeited, with all her guns, tackle, apparel, and navigation, furniture, to be employed aud recovered in manner as aforesaid; and the said governors it. ships. and every of them shall twice in every year, after the first day of January, one thousand six hundred and sixty, return true copies of all such bonds by him so taken, to the chief officers of the customs in London. [Confirmed by 13. Car. 2. stat. 1. c. 14.]

Repealed

as to Irc

& 23 Car.2.

23 Car. 2.

Farther

ships and

see index,

Preamble.

From Aug.

out of his

26 GEO. 3. c. 60.

An Act for the further Increase and Encouragement of Shipping and Navigation. Whereas, the wealth and strength of this kingdom, and the prosperity and safety of every part of the British empire, greatly depend on the encouragement given to shipping and navigation: And whereas it is proper that the advantages hitherto given by the legislature to ships owned and navigated by his Majesty's subjects should from henceforth be confined to ships wholly built and fitted out in his Majesty's 'dominions:' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in 1, 1786, no this present Parliament assembled, and by the authority of the same, That from and ship built after the first day of August, one thousand seven hundred and eighty-six, no ship or Majesty's vessel foreign-built (except such ships or vessels as have been or shall hereafter be dominions, taken by any of his Majesty's ships or vessels of war, or by any private or other ship ze,shall be or vessel, and condemned as lawful prize in any Court of Admiralty), nor any ship or entitled to vessel built or rebuilt upon any foreign made keel or bottom, in the manner heretofore leges of a practised and allowed, although owned by British subjects, and navigated according ship; but to law, shall be any longer entitled to any of the privileges or advantages of a Britishforeign built ship, or of a ship owned by British subjects; and that all the said privileges and before May advantages shall hereafter be confined to such ships only, as are wholly of the built of 1,1786, not Great-Britain or Ireland, Guernsey, Jersey, and the Isle of Man, or of some of the colonies, plantations, islands, or territories in Asia, Africa, or America, which now prived of belong, or at the time of building such ships or vessels did belong, or which may leges they hereafter belong to, or be in the possession of his Majesty, his heirs or successors: now enjoy, Provided always, that nothing hereinbefore contained shall extend, or be construed to

except pri

the privi

British

ships, built

hereby to be de

extend, to prohibit such foreign-built ships or vessels only as, before the first day of May, one thousand seven hundred and eighty-six, did truly and without fraud wholly belong to any of the people of Great-Britain or Ireland, Guernsey, Jersey, and the Isle of Man, or of any of the aforesaid colonies, plantations, islands, or territories, as the proprietors and right owners thereof, and which shall be navigated according to law, and shall also be registered in manner hereinafter directed, from continuing to enjoy the privileges and advantages they have hitherto enjoyed, or from importing or exporting such goods or commoditics as may now be legally imported or exported by such ships or vessels, into and from such ports and places as is now by law allowed, and under such rules, regulations, and restrictions as have heretofore been made touching such foreign-built ships or vessels, and subject and liable to all such duties as have been imposed on any goods or commodities imported or exported as aforesaid in such foreign-built ships or vessels, by any act or acts of parliament: and provided also, that nothing herein contained shall extend, or be construed to extend, to deprive any ship or vessel, which before the passing of this act hath been built or rebuilt upon any foreign-made keel or bottom, and which, before the said first day of May, one thousand seven hundred and eighty-six, was duly registered as a British ship, from continuing to enjoy any privilege or advantage to which such ship or vessel is now by any law or usage entitled; nor to prevent any such ship or vessel which shall have been begun to be repaired or rebuilt before the said first day of May, one thousand seven hundred and eighty-six, from being registered according to and in pursuance of this act, by an order under the hands of the commissioners of his Majesty's customs in England, or any four or more of them, or of the commissioners of his Majesty's customs in Scotland, or any three or more of them; which order the

said commissioners respectively are hereby authorized and empowered to grant, if it shall be made appear to the satisfaction of the said commissioners respectively upon oath, that such ship or vessel was stranded by the act of Providence, and not with a fraudulent intent, and was, at the time of being so stranded, the sole property of some foreigner or foreigners; or that such ship or vessel was a droit of Admiralty, and it be in like manner fully and clearly ascertained, to the satisfaction of such commissioners respectively, that the said ship or vessel, from the damage received by being so stranded, was rendered unfit to proceed, to sea without undergoing a thorough repair in this kingdom, and that she was necessarily sold for the benefit of the foreign owner or owners, or, being a droit of Admiralty, was sold by virtue and under the authority of an order or commission from the Court of Admiralty, and that she was fairly and openly purchased by a British subject or subjects, and, being the sole and entire property of such British subject or subjects, that she hath been so much repaired, that two thirds of her at the least are British-built.

built, or

ceed 15s.

per tor, in

port, to be

built.

in favour

damage

ages.

II. And be it further enacted by the authority aforesaid, That, from and after the No ship refirst day of August, one thousand seven hundred and eighty-six, no ship or vessel shall be where tedeemed or taken to be British-built, or enjoy the privileges thereunto belonging, which pairs exshall from thenceforth be rebuilt or repaired in any foreign port or place, if such repairs shall exceed the sum of fifteen shillings for every ton of the said ship or vessel a foreign according to the admeasurement thereof, unless such repairs shall be necessary by deemed reason of extraordinary damage sustained by such ship or vessel during the absence of Britishsuch ship or vessel from his Majesty's dominions, to enable her to perform the voyage in which she shall be then engaged, and to return in safety to some port or place of Exception the said dominions, and that before such ship or vessel shall be repaired, so as to of extraexceed the sum aforesaid, the master, or other person having or taking the charge or ordinary command of such ship or vessel, shall report the state and condition thereof upon sustained oath, or (being a Quaker) upon affirmation, to the British consul, or other chief on voyBritish officer, if there shall be such consul or officer at the port where it shall be necessary to repair such ship or vessel, and shall cause such ship or vessel to be surveyed by two fit and proper persons to be approved of by such consul or chief British officer, and shall deliver to such consul or chief British officer, in writing, the particulars of the damage sustained by such ship or vessel, and shall verify upon oath, or (being a Quaker) upon affirmation (to be administered by such consul or chief British officer), the particulars and amount of the repairs of such ship or vessel; and that the same were become necessary in consequence of damage sustained during the voyage to that port, to enable such ship or vessel to prosecute the voyage then intended, and to return to some port or place of his Majesty's dominions, which the said consul, or chief British officer, is hereby required to certify under his hand and seal; and if there shall not be any British consul, or chief British officer, resident at or near the port or place where such repairs may be necessary, then that such survey shall be made by two fit and proper persons, to be approved of by two known British merchants residing at or near such port or place; and that such master, or other person having or taking the charge or command of such ship or vessel, shall produce to such merchants as aforesaid, vouchers of the particulars and amount of the repairs of such ship or vessel, whose certificate of the same shall be of the like force and effect as that of the British consul or chief British officer resident in any foreign Expence port or place; and in case any ship or vessel shall, after the said first day of August, one be cer thousand seven hundred and eighty-six, be repaired in any foreign port or place, the tified, on master, or other person having or taking the charge or command thereof, shall make proof on oath, or (if a Quaker) by affirmation, before the collector and comptroller, or of the cus

of repaira

arrival, to

an officer

toms.