1789, recited.

All fuits for der the recited orders to be difcharged.

acts done un

December then next, upon fecurity being first given for the due landing of fuch flour in the faid island of Guernsey, and producing certificates thereof in the manner directed by the act passed in the fourteenth year of his Majesty's reign, (intituled, An act to regulate the imOrder of lord portation and exportation of corn:) and whereas the right honourDorchester in able Guy lord Dorchefter, governor and captain general of his Majefty's colonies in North America, did, in the year one thousand feven hundred and eighty-nine, order and direct that flour, meal, bifcuit, rice, and Indian corn, might be imported into the province of Quebec, by fea, from the united states of America, in British bottoms navigated according to law, to the close of that year's navigation: and whereas the feveral orders aforefaid cannot be justified by law, but were so much for the fervice of the publick, and fo neceffary for the fafety and prefervation of his Majesty's fubjects, that they ought to be juftified by act of parliament, and all perfons iffuing, advifing, or acting under, or in obedience to the faid orders respectively, indemnified; be it therefore enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That all perfonal actions and suits, indictments, informations, and all prosecutions and proceedings whatfcever, which have been or fhall be profecuted or commenced against any person or perfons, for or by reafon of any act, matter, or thing, advised, commanded, appointed, or done, or forborne to be done, in relation to the faid feveral orders, or any of them, or of any contract or agreement not performed by reafon or by means of, or in obedience to, fuch orders of council, or any of them, be, are and fhall be discharged and made void by virtue of this act; and that if any action or fuit fhall be profecuted or commenced against any person or perfons, for or by reafon of any fuch act, matter, or thing, fo advised, commanded, appointed, or done, or forborne to be done, or fuch contract or agreement not General iffue. performed, he, fhe or they may plead the general iffue, and give If plaintiffs this act and the fpecial matter in evidence; and if the plaintiff or in actions pro- plaintiffs, in any action or fuit fo to be profecuted or commenced Great Britain after the twenty-fecond day of February one thoufand feven hunafter Feb. 229 dred and ninety, in that part of Great Britain called England, or and in Quebec after the first day of July one thoufand feven hundred and ninety, after July 1, in the province of Quebec, fhall become nonfuit, or forbear farther 1790, become profecution, or fuffer difcontinuance, or if a verdict pass against nonfuit, the defendants to fuch plaintiff or plaintiffs, the defendant or defendants fhall recover his, her, or their double costs, for which he, fhe, or they fhall have the like remedy as in cafes where the cofts by law are given to defendants; and if any fuch action or fuit as aforefaid hall be commenced or profecuted after the faid twenty-fecond day of February one thousand feven hundred and ninety, in that part of Great Britain called Scotland, the court before which fuch action or fuit fhall be commenced or profecuted fhall allow to the defender the benefit of the discharge and indeninity hereby provided, and fhall further allow him his double cofts of fuit, in all fuch cafes as aforefaid.

fecuted in

recover double cofts.

II. And

1

actions al

ready com

II. And be it also enacted by the authority aforefaid, That if Defendants in any action or fuit hath been already commenced against any perfon or persons for any such act, matter, or thing, fo advised, com- menced, may manded, appointed, or done, or forborne to be done, or on ac- apply to the count of any fuch contract or agreement not performed, it fhall court to stay and may be lawful for the defendants or defenders in fuch actions proceedings. or fuits respectively, in whatever courts in Great Britain, or in his Majesty's province of Quebec, fuch actions or fuits fhall have been commenced, to apply to fuch court or courts refpectively to stay all proceedings therein refpectively, by motion in a fummary way, and such court or courts are hereby required to make order for that purpose accordingly; and the court or courts making such order fhall award and allow, to the defendants or defenders respectively, double cofts of fuit, for which they shall respectively have the like remedy as in cafes where the coffs are by law given to defendants or defenders.

of Great Bri

III. And be it further enacted by the authority aforefaid, That Wheat, &c, no perfon or perfons whatever fhall, directly or indirectly, export, exported out tranfport, carry, or convey, or caufe or procure to be exported, tain, or fhipt tranfported, carried, or conveyed, out of or from any port or place with that inwithin the kingdom of Great Britain, or load or lay on board, or tent, to be forcause or procure to be loaded or laid on board of any ship, vellel, feited, as alfo or boat, in order to be exported, tranfported, carried, or conveyed, the veffel, &c. out of any port or place in Great Britain, any wheat, wheat-flour, rye, rye-meal, barley, barley-meal, malt, bread, biscuit, oats, oatmeal, pease, or beans, under the penalties and forfeitures hereinafter mentioned; that is to fay, That all and every the faid commodities, which shall be fo exported, transported, carried, or conveyed, or fo loaded or laid on board in any fhip, or other veffel or boat, in order to be exported, tranfported, or carried out of the kingdom of Great Britain, contrary to this act, fhall be forfeited, and that every offender or offenders therein fhall forfeit the fum of twenty fhillings for every bufhel of wheat, wheat-flour, rye, rye-meal, barley, barley-meal, malt, oats, oatmeal, peafe, and beans, and twelve-pence for every pound weight of bread or bifcuit which shall be fo exported, tranfported, carried, or conveyed, or fo loaded or laid on board in any fhip, or other veffel or boat, in order to be exported, transported, carried, or conveyed, out of or from the said kingdom of Great Britain, and alfo the fhip, veffel, or boat, in or on board of which any of the faid articles hereinbefore fpecified shall be so respectively exported, transported, carried, or conveyed, or in or upon which any of the said respective articles fhall be fo loaded or laid, in order to be fo exported, tranfported, carried, or conveyed, and all her guns, furniture, ammunition, tackle, and apparel, fhall be forfeited, and fhall and may be feized by any officer or officers of the cuftoms, and one moiety of all the faid penalties and forfeitures shall be to the King's ma- Application jefty, his heirs and fucceffors, and the other moiety to him or of penalties; them who shall fue for the fame; and for offences which fhall be and how they committed in that part of Great Britain called England, fuch pe- covered. nalties and forfeitures fhall be recovered by action of debt, bill,

B 3

**

plaint,

are to be re

Masters or

of offences

against this

act, and aid

The articles

plaint, or information, in any of his Majefty's courts of record at Westminster; or, where the value of fuch penalties or forfeitures fhall not exceed the fum of fifty pounds, the fame fhall and may be recovered by information at any general quarter feffions of the peace for the county, city, riding, divifion, or place where the offence fhall have been committed, and in fuch fuit, no effoin, protection, privilege, or wager of law, fhall be allowed; and for offences which shall be committed in that part of Great Britain called Scotland, the fame fhall and may be recovered by action, or fummary bill on information in the courts of feffion or exchequer in Scotland; or where the value of fuch penalties or forfeitures fhall not exceed the fum of fifty pounds, the fame fhall and may be recovered by fummary bill or information at any general quarter feffions of the peace, by action in the fheriffs or stewards court of the county or ftewartry where the of mariners hav- fence fhall be committed; and that the master and mariners of ing knowledge any fuch fhip, veffel, or boat, wherein any fuch offence shall be committed, having knowledge of fuch offence, and wittingly and willingly aiding and affifting therein, and being thereof duly ing therein, to convicted in any fuch courts refpectively as aforefaid, fhall be imbe imprisoned. prifoned for the space of three months, without bail or mainprize. IV. Provided always, That this act, or any thing herein conherein enume- tained, fhall not extend, or be conftrued or deemed to extend, to rated may be prohibit any of the feveral articles herein enumerated from being carried coaftwife, nor to prohibit the exportation of fo much of the said several articles refpectively as fhall be neceffary to be carried in any fhip or fhips, or other veffel or veffels, on their respective voyages out and home, for the suftenance, diet, and fupport of the commanders, mafters, mariners, paffengers, or others, in the fame fhips or veffels only, or for the victualling or providing any of his Majefty's fhips of war, or other fhips or veffels in his Majefty's fervice, or for his Majefty's forces, forts, or garrifons, or to Gibraltar, Saint Helena, the islands of Guernsey, Ferfey, Alderney, and the Isle of Man, for the fuftenance and ufe of the inhabitants thereof; nor to prohibit the exportation of the fame respectively to the British forts, caftles, or factories in Africa, for the support of the perfons refiding therein, or for the use of fhips or veffels trading on that coaft that have been ufually fupplied with the fame from Great Britain; nor to prohibit the exportation of the fame refpectively to the island of Newfoundland, for the benefit of the British fifhery there, or to Hudjon's Bay in North America, for the benefit of the Hudson's Bay company and their fervants refiding there, or to the bay of Honduras, for the fuftenance and ufe of the British fettlers there, of fuch forts and kinds only respectively, and only in fuch quantities and proportions refpectively, and under and fubject to all fuch terms, conditions, provifions, fecurities, rules, regulations, reftrictions, penalties, and forfeitures as are now directed, provided, and establifhed, touching and refpecting the exportation of the feveral articles aforefaid refpectively to the feveral places aforefaid refpectively, by any act or acts of parliament now in force.

carried coaftwife, or for the diet of crews, &c.

V. Pro

1

herein-after enumerated

America, in

V. Provided alfo, and be it further enacted, That nothing in The articles this act contained fhall extend, or be conftrued or deemed to extend, to prohibit the feveral articles herein-after expreffed being may be exexported out of and from the ports of London, Bristol, Liverpool, ported from or Glasgow, and none other, to his Majefty's fugar colonies in London, &c. America, for the sustenance and ufe of the inhabitants of the faid to the sugar colonies, fo as the whole quantity, to be fo exported before the colonies in fifth day of July one thousand seven hundred and ninety, do not the quantities exceed the feveral quantities hereafter refpectively limited; that herein speciis to fay, Five thoufand and fifty-feven quarters of beans, two fied, &c. thousand seven hundred and eighty quarters of oats, one thousand one hundred and fixty quarters of oatmeal, eight hundred and fifteen quarters of peafe, one hundred and fixty-feven quarters of rye, two hundred and eighty-five quarters of wheat, and eight thousand nine hundred and twenty-two quarters of wheat-flour; which quantities fhall be exported in fuch proportions refpectively, from fuch of the before mentioned ports refpectively, to such of the said sugar colonies refpectively, as fhall be directed by the lords of the committee of his Majefty's privy council appointed for the confideration of all matters relating to trade and foreign plantations, and under and subject to all fuch terms, conditions, provifions, fecurities, rules, regulations, reftrictions, penalties, and forfeitures, to which fuch articles are refpectively subject by any act or acts of parliament in force for the exportation of corn, grain, or flour to his Majefty's fugar colonies in America,

&c. legally warehoufed,

VI. Provided alfo, That nothing in this act contained fhall Foreign corn, extend, or be conftrued or deemed to extend, to prevent any foreign corn and grain, and flour and meal, which is now or may be exwhich shall hereafter be warehoused, under the joint locks of the ported from King and of the importer or proprietor of such corn, grain, flour, fuch wareand meal, in manner directed by an act paffed in the thirteenth houfe. year of the reign of his prefent Majefty, intituled, An act to regulate the importation and exportation of corn, from being exported from Great Britain; but that the fame fhall and may be exported directly from the warehouse or warehouses wherein the fame respectively now are, or hereafter shall be, fecured in manner aforefaid, under the several rules, regulations, conditions, restrictions, penalties, and forfeitures, under which fuch foreign corn and grain, flour and meal, fo warehoufed in purfuance of the aforefaid act of the thirteenth year of his present Majefty's reign, may

or loaded at

be exported, by the feveral laws now in force; nor to prevent Foreign or any foreign corn and grain, and flour and meal, nor any British British corn, corn, grain, peafe, beans, malt, flour, oatmeal, bread, and bif- &c. entered cuit, which were respectively entered for exportation, or loaded London for or laid on board of any fhip, veffel, or boat for exportation, ac- exportation, cording to law, in the port of London, before the publication of before the his Majefty's faid order in council, dated the twenty-third day of publication in December one thousand feven hundred and eighty-nine, in the and at other London Gazette, or which were respectively entered for exporta- ports, before tion, or loaded or laid on board of any fhip, veffel, or boat for the receipt at the customs expor- of the order

B 4

the Gazette,

in council of exportation, according to law, in the feveral other ports or places. Dec. 23, 1789, in Great Britain, before the collectors of his Majesty's customs may be exported.

Malt made or declared for exportation before Dec.

29, 1789, may

at the said several ports or places had received his Majefty's faid order in council, dated the twenty-third day of December one thousand seven hundred and eighty-nine, but that the fame fhall and may be exported from Great Britain, under the feveral fecurities, rules, regulations, conditions, restrictions, penalties, and forfeitures, under which fuch foreign corn and grain, and flour and meal, or fuch British corn, grain, peafe, beans, malt, flour, oatmeal, bread, and biscuit, may be exported by the feveral laws now in force.

VII. Provided alfo, That nothing in this act contained shall extend, or be deemed or conftrued to extend, to prohibit the exportation of fuch malt as fhall have been made or declared for exportation, on or before the twenty-eighth day of December one be exported, thousand seven hundred and eighty-nine, upon the proprietor or on certificate proprietors of fuch malt as aforefaid producing to the collector or chief officer of the customs, at the port where such malt as aforesaid shall be exported, a certificate or certificates, from the officer or officers of the excife with whom the entry of the corn intended to be made into fuch malt as aforefaid for exportation fhall have been made, that such malt was actually declared or made for exportation on or before the twenty-eighth day of December, in the year one thousand seven hundred and eighty-nine.

from the excise officer.

Ships at London laden with wheat,

&c. for the

in America

before the

publication in the Gazette,

and at other ports before the receipt at

the customs, of the order in council

VIII. Provided nevertheless, That nothing in this act contained fhall extend, or be deemed or conftrued to extend, to prevent the feveral fhips or veffels now in the port of London, which fugar colonies were laden with wheat and meal, flour, bread and bifcuit, before the publication of his Majefty's faid order in council, dated the twenty-third day of December one thousand seven hundred and eighty-nine, in the London Gazette, and which were refpectively entered according to law for exportation to his Majefty's fugar colonies in America, from proceeding to their respective ports of delivery in the fugar colonies aforefaid; nor to hinder the feveral ships now in the faid port of London, which were laden with any other fort of corn and grain, peafe or beans, ground or unground, malt or oatmeal, before the publication of his Majefty's faid order in council, dated the twenty-third day of December one thousand feven hundred and eighty-nine, in the London Gazette, or which were fo laden in any other port or place in Great Britain, before the collectors of his Majesty's cuftoms at those ports respectively had received that order of his Majefty in council, and which were respectively entered according to law for exportation to his Majesty's faid fugar colonies in America, from proceeding to their refpective ports of delivery, under the feveral fecurities, rules, regulations, conditions, reftrictions, penalties, and forfeitures, under which the fame articles may be exported refpectively to his Majesty's fugar colonies aforefaid, by any law now in force.

of Dec. 23, 1789, may proceed on

their voyages.

Wheat, &c. may be imported into England,

IX. And be it further enacted by the authority aforesaid, That it fhall and may be lawful for any perfón or perfons whatever to import into any of the ports of that part of Great Britain called

England,