by the authority aforesaid, That this Act, or any thing herein contained, shall not extend, or be construed to extend, to prohibit the exportation or carrying out from any of be Colonies before mentioned, or the importation into the same, of any Goods or Commodities whatsoever, for the victualling or providing any of his Majesty's Ships-of-War, or other Ships or Vessels in his Majesty's service, or his Majesty's Forces, Forts, or Garrisons; any thing herein contained to the contrary notwithstanding.
VI. And provided also, That nothing herein contained shall extend, or be construed to extend, to hinder or restrain the lawful importation into any or either of the said Colonies hereinbefore mentioned, from any of the British Islands in the West Indies, of any such Goods or Commodities, being the Growth or Produce thereof, as may now by law be imported from thence into the said Colonies, or any or either of them.
VII. And, in order to prevent frauds and abuses which may be committed contrary to the intention and against the provisions of this Act, by the exportation of any Goods, of the Growth, Product, or Manufacture of the Colonies of New-Jersey. Pennsylvania, Maryland, and Virginia, from any of the Ports within the government of the Counties of New-Castle, Kent, and Sussex, on Delaware, in North America, it is hereby further enacted by the authority aforesaid, That during the continuance of this Act, no Goods or Commodities whatsoever shall be shipped, to be carried from any Port or place within the said Counties of New-Castle, Kent, and Sussex, on Delaware, or either of them, to any other Land, Port, or place whatsoever, except to the Kingdoms of Great Britain, or Ireland, or to some of the British Islands in the West Indies, until the owner or exporter of such Goods shall have made oath, or being one of the people called Quakers, shall have affirmed, before the Collector, or other proper Officer of the Customs at the Port or place where the same shall be shipped, (which oath or affirmation such Collector or other Officer is hereby authorized to administer,) that such Goods are really and bona fide of the Growth, Product, or Manufacture of the or other of the said Counties, of which fact the Collector, or other proper Officer of the Customs, shall, and is hereby required to give a Certificate under his hand, to the Master of the Ship or Vessel on board which such Goods are laden, for the security of her navigation; and in failure of producing such Certificate, such Ship or Vessel, and the Goods thereon laden, shall be forfeited, and shall and may be seized and prosecuted as hereinafter directed.
VIII. And whereas, it is the intent and meaning of this Act, that the several prohibitions and restraints hereinbefore enacted, should be discontinued and cease, so soon as the Trade and Commerce of his Majesty's subjects may be carried on without interruption within the said Colonies; be, it therefore enacted by the authority aforesaid, That whenever it shall be made appear to the satisfaction of his Majesty's Governour or Commander-in-Chief, and the majority of the Council of the Colonies of New-Jersey, Pennsylvania, Maryland, Virginia, and South Carolina, that peace and obedience to the laws shall be so far restored within the said Colonies, 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 Merchandises, have been freely imported into the said Colonies, or either of them, from Great Britain, and to expose 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 Merchandises, have in like manner been exported from the said Colonies, or either of them respectively, to Great Britain, for and during the term of one calendar month preceding; that then, and an such case, it shall and may be lawful for the Governour or Commander-in-Chief, with the advice of the Council of such Colonies respectively, by Proclamation, under the, seal of such respectively, to notify the same to the several Officers of ,the Customs, and all others; and after such, Proclamation, this Act, with respect to such Colony, within which Proclamation or Proclamations, have been issue as, aforesaid, shall be discontinued and cease, (except such 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 Goods, Wares, and Merchandises, into and out of such respective Colony, in like manner as if this Act had never been made; any thing herein contained to the contrary notwithstanding.
IX. 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.
X. And it is hereby further enacted by the authority aforesaid, That if any person or persons shall give or grant any false Certificate, Cocket, or Clearance, for any of the purposes required or directed by this Act, such person 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 person 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.
XI. 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 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 Green land and Eastland Trades; and for the better securing the Plantation Trade; and for altering and disallowing the 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."
XII. 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 fact, 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 nonsuited, 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.
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