and to have

the fame benefit of their fervice, as if they had been

turned over.

Apprentices paying the double rates

cutions are commenced against their masters,

contracted for, or agreed to serve such master or mistress respec tively.

VII. Provided always, and it is hereby further enacted and declared, That every fuch clerk, apprentice, or fervant, fhall avail him or herself, and have fuch and the fame benefit and advantage of the time he or the fhall refpectively have continued with and ferved fuch mafter or mistress respectively, as he or she could or might have done, in cafe of any affignment or turning over to any new or other mafter or mistress.

VIII. Provided always, That in cafe where any prosecution shall be commenced against any master or mistress, for recoverwhere profe- ing any of the penalties and forfeitures inflicted and incurred by the faid former acts, or any of them, the clerk, apprentice, or fervant of fuch mafter or miftrefs refpectively fhall pay fuch double rates and duties, at any time within two years after the end of his, her, or their clerk hip, apprenticeship, or fervitude, and every fuch clerk, apprentice, or fervant refpectively, fhall, upon payment of fuch double rates and duties as aforefaid, be to be qualified capable and qualified to follow and exercise his, her, and their to follow their refpective trades and employments; and the indentures or contrades, &c. tracts of fuch clerk, apprentice, and fervant refpectively, fhall be good and available in law and equity, and may be given in evidence in any court whatsoever; any thing in this or the faid former acts, or any of them, contained to the contrary notwithftanding.

Prize fhips to IX. And whereas it is reasonable and fit, that prize ships or vef be deemed as fels, lawfully condemned, fhould be deemed as British built hips er British built. vels, to all intents and purposes, be it therefore enacted by the authority aforesaid, That all prize fhips or veffels, which have been at any time, or fhall be legally condemned, shall, to all intents and purposes whatfoever, be confidered as British built fhips or veffels, and be deemed and taken as such, and shall be intitled to have and enjoy all and every the fame rights, liberties, privileges, and advantages in all refpects whatsoever with British built fhips or veffels, and shall be fubject and liable to all and every the rules and regulations, that British built thips or veffels are fubject and liable to; any law, custom, or usage to the contrary thereof in any wife notwithstanding.

X. And whereas his Majesty's fhips of war and privateers have, during the prefent war against France and Spain, taken divers goods and merchandizes from his Majesty's enemies, which have, with the privity and approbation of the commiffioners, or other proper officers of the customs or excife, been landed and depofited in warehouses under his Majefty's locks, in order to be examined to ascertain the particulars and natures of fuch goods, and fundry parts whereof, having upon fuch examination, been found unfit for the confumption of this kingdom, and most proper to be exported to foreign parts, have been declared by the captors for exportation, and in order thereto, been con tinued in fuch warehouses, under the care and infpection of the offcers of the customs or excife: and whereas fome doubts have arifen, whether the faid goods can be re-exported by any others but the captors,

or in other ships than those in which they were taken and imported, or without first being entered, and paying the duties of custom or excife for the fame; and which in feveral inflances amounting to more than the profit that can be made by the captors of fuch goods, would deprive them of the whole benefit thereof; and in many inftances, the re-exporting fuch prize goods by the captors themselves, in the ships in which they are taken and imported, would be impoffible; goods taken in neutral fhips, being often condemned where the ship is difcharged, and would in moft cafes be impracticable, as the goods declared for exportation are never any thing near a fufficient cargoe to lade a ship to a foreign market, and the captors not being merchants, but feamen, have no boufes abroad, and are wholly unacquainted with transactions of this nature; for remedy of which inconveniency, and for the further encouraging the making captures from the enemy, be it further enacted by the authority aforefaid, That all goods and Prize goods merchandize that have been, or fhall, during the continuance landed, and of the prefent war with France or Spain, be taken from his Ma- put into warehouses; jefty's enemies, and landed from on board of any fhip or veffel, in any port within the kingdom of Great Britain, and put into warehouses provided, or to be provided, at the fole expence of the captors, with the privity and approbation of the commiffioners, or other officers of the refpective duties of customs or excife, to which fuch goods or merchandize are liable, and under the King's locks, in order to be examined, to ascertain the particulars and nature of fuch goods and merchandize, and that have, or fhall, from the landing thereof, continue and remain in fuch warehouses, under the care and inspection of the commiffioners, or other officers of the respective duties of customs or excife, to which fuch goods or merchandize are liable; and upon declarathat within the space of three months after the landing thereof, tion of the have been, or fhall be declared by or on the behalf of the cap- captors, of tors, to the faid commiffioners or officers of the respective du- their intention ties of custom or excife, to which fuch goods or merchandize to re-thip are liable, to have been, or to be intended to be re-shipped to foreign parts, fhall, and may, from time to time, and at all times hereafter, be exported directly from fuch warehouses to may be exforeign parts, in any ship or fhips belonging to his Majefty's ported withfubjects, either by the captor or captors of fuch goods of mer- out paying chandizes, or by any other perfon or perfons to whom the cap-21Geo. 2. C. 2. tor or captors have under fuch declaration for exportation as 1.8. aforefaid, fold or difpofed of the fame, or fhall or may fell or difpofe of the fame, for exportation as aforefaid, without paying

them,

duty.

any duty of cuftom or excife for the fame, the perfon or perfons Exporter to exporting the fame, giving fufficient fecurity before the shipping give fecurity. thereof, that the goods and merchandize that fhall be intended by him or them to be exported, as aforefaid, or any part thereof, fhall not be re-landed or brought again into any part or parts of Great Britain; which fecurity the customer or collector of the port where the fame is intended to be exported, is hereby directed and authorized to take in his Majesty's name, and to his Majefty's use.

CAP.

CAP. XLVI.

An act to prevent the return of fuch rebels and traitors concerned in the late rebellion, as have been, or shall be pardoned on condition of transportation; and also to binder their going into the enemies country.

WHEREAS, during the time of the late wicked and unna

tural rebellion, and fince, a great number of perfons who had taken up arms, or were otherwise engaged in the faid rebellion, were by his Majesty's great vigilance and care apprehended, several of whom have been tried and convicted of the faid treafons, and many confcious of their guilt, have by their petition, implored his Majefty's mercy, upon condition of their being transported to fome of the British colonies and plantations in America: and whereas his Majesty out his great clemency hath been most graciously pleafed to grant his royal pardon to feveral of them as well those who were fo tried and convicted, as thofe who by their petitions have acknowledged their guilt, and implored his Majefty's mercy as aforefaid, and others may hereafter be pardoned on the like application and condition: and whereas it is thought expedient for the publick fafety, that all proper means Should be taken to prevent their returning from the faid colonies or plantations, or going to his Majesty's enemies; be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament assembled, and by the authority of the fame, That if any perfon or perfons to whom his Majefty has, or fhall hereafter grant his moft gracious pardon for the said treasons, or any of them, on condition of their being transported to fome of the British colonies or plantations in America, fhall, without the licence of his Majefty, his heirs or fucceffors, under his or their privy feal or fign manual for that purpose, or fome other lawful cause, return, or come into, or be at large, in any part of Great Britain or Ireland, or voluntarily go into, or continue in any part of the dominions of the French King, or the King of Spain, in Europe, America, or elsewhere, he, she, or they fo returning, or coming into, or being in any part of Great Britain or Ireland, as aforefaid, or who fhall voluntarily go into, or continue in any part of the dominions of the French King, or King to fuffer death of Spain, fhall not only have no benefit of fuch pardon, but without cler- fhall be guilty of felony, and fhall fuffer death, and forfeit as in cafes of felony, without benefit of clergy.

Rebels returning from transportation without licence,

or voluntarily going into France or Spain,

gy.

II. And be it further enacted by the authority aforefaid, That in cafe any person or perfons whatsoever, fhall knowingly aid or affist any such person or perfons fo pardoned, or to be pardoned, on condition of transportation, as aforefaid, in his, her, or their unlawful returning, or coming into, or becoming or being at large in Great Britain or Ireland, or in going into, or continuing in any of the dominions of the French King, or the King of Spain, without fuch licence, or other lawful caufe, fuch perfon or perfons fo offending, fhall be guilty of felony, and

fuffer

fuffer death, and forfeit as in cafes of felony, without benefit of to fuffer death, clergy.

III. And in-cafe any perfon or perfons fo pardoned, or to be pardoned, as aforefaid, thall unlawfully go into, or continue in any of the dominions of the French King, or the King of Spain,

&c.

into France

be it further enacted by the authority aforefaid, That in fuch Subjects holdcafe, if any of the fubjects of his Majefty, his heirs or fucceffors ing corref (except fuch perfon or perfons as fhall be licensed for that pur-pondence with pose by his Majefty, his heirs or fucceffors, under his or their rebels, going fign manual or privy feal) fhall within this realm, or without, or Spain, knowingly hold, entertain, or keep, any intelligence or correfpondence in perfon, or by letters, meffages, or otherwise, with any of the faid perfons who fhall have fo gone into, or continued in any of the dominions of the French King, or the King of Spain, or with any perfon or perfons employed by him, her, ployed by or perfons emor them, knowing fuch perfon or perfons to be fo employed, them, fuch perfon fo offending, being thereof lawfully convicted, shall

be adjudged guilty of felony, and fhall fuffer death, and forfeit to fuffer death, as in cafes of felony, without benefit of clergy.

&c.

IV. And be it further enacted by the authority aforefaid, That Offences all offences made felony by this act, fhall and may be enquired where to be of, examined, tried, and determined in the court of King's Bench, tried. in that part of Great Britain called England, or in the high court of jufticiary in that part of Great Britain called Scotland refpectively, or in any county of this realm, in fuch manner and form, as if the fact had been therein committed, or withany of the British colonies or plantations in America, within which any fuch offence fhall be committed, or in any county of Ireland, in cafe any fuch offence fhall be committed within that kingdom.

in

V. And in order that all perfons in the colonies or plantations, to which the faid offenders fhall be tranfported, may have notice of the perfons who are or thall be fo pardoned and tranfported, be it further enacted by the authority aforefaid, That within the fpace of one week after any of the faid perfons fhall Commander be tranfported or brought to any fuch colonies or plantations, of fhip to dethe naval officer, or other chief officer of the customs, at the liver within a port whither they fhall be brought, fhall have and receive from week a lift of the persons the mafter or commander of the fhip in which they fhall be tranfported, to brought, a true lift, figned by fuch officer or commander, of the naval the names and additions of the perfons so transported; which officer. lit fhall be hung, or fet up in the publick custom-house of such Lift to be hung port, there to be feen, read, and copied by all perfons, without up in the cuany fee or reward; and in cafe the fame fhall be defaced, taken from house. away, or loft, a new lift fhall, from time to time, be immediately fet and kept up by fuch naval or other principal officer; and if fuch matter or commander fhall, after this act fhall be published in any fuch colony or plantation, refuse or neglect to give fuch lift, or if the faid naval or other officer fhall refuse or neglect to put or keep up the fame as above directed, or if any Perfons ofperfon fhall voluntarily deface or take away the fame, being fo fending,

put up, kept, or renewed, or any lift put up in fuch cuftomhoufe of rebels tranfported, every perfon fo offending, fhall to forfeit 501. forfeit the fum of fifty pounds fterling for every fuch offence; Diftribution of of which one moiety thall belong to his Majefty, his heirs and

the forfei

tures.

fucceffors, and the other moiety to fuch perfon or persons who fhall fue for the fame, in the colony or plantation where the offence fhall be committed, or in the court of King's Bench in England, or of justiciary in Scotland, in cafe the offender fhall be found in England or Scotland.

VI. Provided always, and it is hereby declared, That no Indictments to be within 2 perfon or perfons whatsoever, fhall be convicted of any offence years after the or crime made felony by this act, unless such person or persons fhall be indicted for fuch offence or crime, within two years next after the committing thereof.

offence.

CAP. XLVII.

An act to continue feveral laws for prohibiting the importation of books reprinted abroad, and first compofed or written and printed in Great Britain; for preventing exa&tions of the occupiers of locks and wears upon the river of Thames westward, and for afcertaining the rates of water carriage upon the faid river; and for the better fecuring the lawful trade of his Majesty's subjects to and from the East Indies; and for the more effectual preventing all his Majesty's fubjects trading thither under foreign commiffions; and relating to rice, to 'frauds in the customs, to the clandeftine running of goods, and to copper ore of the British plantations; and for the free importation of cochineal and indico; and for punishment of perfons deftroying turnpikes, or locks, or other works erected by authority of parliament.

HEREAS the laws herein after mentioned (which have by experience been found useful and beneficial) are near expiring; may it therefore please your Majefty, that it may be enacted; and be it enacted by the King's most 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 fo much of an act made in the 12 Geo. 2. c. twelfth year of the reign of his prefent Majefty (intituled, An 36 for prohi- act for prohibiting the importation of books reprinted abroad, and biting the im- first compofed or written and printed in Great Britain; and for reportation of pealing fo much of an act made in the eighth year of the reign of her books, &c. late majefly Queen Anne, as impowers the limiting the prices of books) as relates to the prohibiting the importation of books reprinted abroad, and first compofed or written and printed in Great Britain; which was to continue in force from the twenty continued till ninth day of September, one thousand seven hundred and thirty 29 Sept. 1754 nine, for and during the space of seven years, and from thence Farther conti- to the end of the then next feffion of parliament; fhall be, and

the