said Townships of Marshfield and Scituate, and was the property of one or more of them, on or before the twenty-fifth day of March, in the year one thousand seven hundred and seventy-five, which Certificate or Certificates such Governour or Commander-in-Chief is hereby authorized and required to grant.
XII. Provided always, and be it enacted, That the River which emptieth itself into Passamacadie or Passamaquadi Bay, on the Western side, and is commonly called and known by the name of Saint Croix River, be held and deemed for all the purposes in this Act contained, to be the boundary between the Provinces of Massachusetts Bay and Nova Scotia.
XIII. And whereas, it is the intent and meaning of this Act, that the several prohibitions and restraints herein imposed upon the Trade and Commerce and Fisheries of the said Provinces and Colonies, should be discontinued and cease, so soon as the Trade and Commerce of his Majesty's subjects may be carried on without interruption, Be it therefore enacted by the authority aforesaid. That when-ever it shall be made appear to the satisfaction of his Majesty's Governour or Commander-in-Chief, and the majority of the Council, in the Provinces of New-Hampshire and Massachusetts Bay, respectively, that peace and obedience to the laws shall be so far restored within the said Provinces, or either of them, that the Trade and Commerce of his Majesty's subjects may be carried on without interruption within the same, and that Goods, Wares, and Merchandise have been freely imported into the said Provinces, or either of them, from Great Britain, and exposed to sale without any let, hindrance, or molestation, from or by reason of any unlawful combinations to prevent or obstruct the same; and that Goods, Wares, and Merchandise have in like manner been exported from the said Provinces, or either of them, respectively, to Great Britain, for and during the term of one calendar month preceding, that then, and in such case, it shall and may be lawful for the Governour or Commander-in-Chief, with the advice of the Council of such Provinces, respectively, by Proclamation, under the seal of such respective Province, to notify the same to the several Officers of the Customs, and all others; and after such Proclamation, this Act with respect to such Province, within which such Proclamation or Proclamations have been issued as aforesaid, shall be discontinued and cease (except as hereinafter provided:) and all Officers of his Majesty's Customs, and all other persons having charge of the execution of this Act, having received due notice of such Proclamation, are hereby directed and required to yield and pay obedience to such Proclamation, and to proceed in the discharge of their respective duties, in admitting to entry, clearing, and discharging all Ships and Vessels, and all Goods, Wares, and Merchandises, into and out of such respective Province; and to permit and suffer any Ships or Vessels to carry on the Fisheries within the limits hereinbefore mentioned, in like manner as if this Act had never been made; any thing herein contained to the contrary notwithstanding.
XIV. And be it further enacted, That the Governour or Commander-in-Chief, with the advice of the Council of the Province of Massachusetts Bay, shall and may, and he is hereby authorized and empowered, upon application for and on behalf of the Colonies of Connecticut and Rhode-Island, and Providence Plantation, or either of them, by the Governour or Commander-in-Chief of the said Colonies, respectively, to issue the like publick notice or notices, by Proclamation within the said Colonies, or either of them, if it shall be proved to the said Governour or Commander-in-Chief, and Council of Massachusetts Bay, by the testimony of the Officers of his Majesty's Customs in each of the said Colonies respectively, and the said Governour or Commander-in-Chief, and Council, shall be satisfied of the truth thereof, that the lawful Trade between the said Colonies of Connecticut and Rhode-Island, and Providence Plantation, and Great Britain, is and hath been carried on in manner hereinbefore mentioned within the said Colonies, or either of them, for the space of one calendar month preceding the date of such application; and from and after such Proclamation, this Act shall, with respect to such Colonies, or either of them, be discontinued and cease (except as hereinafter provided;) and all Officers of the Customs in the said Colonies, and all others, are hereby required to pay obedience to such publick notice of the said Governour or Commander-in-Chief as aforesaid, and to proceed in the discharge of their respective duties in admitting to entry, clearing, and discharging, all Ships and Vessels, and all Goods, Wares, and Merchandise, into and out of such Colony or Colonies, in like manner as if this Act had never been made; any thing herein contained to the contrary notwithstanding.
XV. Provided nevertheless, and it is hereby further enacted and declared by the authority aforesaid. That such Proclamation or Proclamations shall not extend, or be construed to extend, to discharge or suspend any proceedings upon any seizure which shall have been made, or any prosecution which shall have been commenced for any penalty or forfeiture inflicted by this Act before the issuing of such Proclamation or Proclamations.
XVI. And it is hereby further enacted by the authority aforesaid. That if any person or persons shall give or grant any false Certificates, Cocket, or Clearance, for any of the purposes required or directed by this Act, such per-son or persons shall forfeit the sum of five hundred Pounds, and be rendered incapable of serving his Majesty, his heirs and successors, in any office whatsoever; and if any per-son or persons shall counterfeit, erase, alter, or falsify, any Certificate, Cocket, or Clearance, required or directed by this Act, or shall knowingly or willingly make use of any false Certificate, Cocket, or Clearance, or of any Certificate, Cocket, or Clearance, so counterfeited, erased, altered, or falsified, such person or persons shall, for every such offence, forfeit the sum of five hundred Pounds, and such Certificate, Cocket, or Clearance, shall be invalid and of no effect.
XVII. And be it further enacted by the authority aforesaid. That the several forfeitures and penalties inflicted by this Act, shall and may be prosecuted, sued for, and recovered, and be divided, paid, and applied, in like manner as other penalties and forfeitures inflicted by any Act or Acts of Parliament relating to the Trade or Revenues of the British Colonies or Plantations in America, are directed to be prosecuted, sued for, or recovered, divided, paid, and applied, by two several Acts of Parliament, the one passed in the fourth year of his present Majesty, entituled "An Act for granting certain Duties in the British Colonies and Plantations in America; for continuing, amending, and making perpetual, an Act passed in the sixth year of the reign of his late Majesty King George the Second, entituled. 'An Act for the better securing and encouraging the Trade of his Majesty's Sugar Colonies in America; for applying the produce of such Duties, and of the Duties to arise by virtue of the said Act, towards defraying the expenses of defending, protecting, and securing, the said Colonies and Plantations; for explaining an Act made in the twenty-fifth year of the reign of King Charles the Second, entituled An Act for the encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trade; and for altering and disallowing several Drawbacks on Exports from this Kingdom, and more effectually preventing the clandestine conveyance of Goods to and from the said Colonies and Plantations, and improving and securing the Trade between the same and Great Britain;'" and the other passed in the eighth year of his present Majesty's reign, entituled "An Act for the more easy and effectual recovery of the penalties and forfeitures inflicted by the Acts of Parliament relating to the Trade or Revenues of the British Colonies and Plantations in America."
XVIII. And be it further enacted by the authority aforesaid. That if any action or suit shall be commenced against any person or persons, for any thing done in pursuance of this Act of Parliament, the defendant or defendants in such action or suit may plead the general issue, and give the said Act and the special matter in evidence, at any trial to be had thereupon, and that the same was done in pursuance of and by the authority of this Act; and if it shall appear so to have been done, the Jury shall find for the defendant or defendants; and if the plaintiff shall be non-suited, or discontinue his action after the defendant or defendants shall have appeared, or if judgment shall be given upon any verdict or demurrer, against the plaintiff, the defendant or defendants shall recover treble costs, and have the like remedy for the same, as defendants have in other cases by law.
|