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December then next, upon security 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 fourteent

year of bis 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 Dorchester, governor and captain general of his Ma1789, recited.

jefty's colonies in North America, did, in the year one thousand fever hundred and eighty-nine, order and direct that flour, meal, biscuit 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: ana whereas the feveral orders aforesaid cannot be justified by law, but were so much for the fervice of the publick, and so necessary for the Jafety and preservation of his Majesty's subjects, that they ought to be justified by act of parliament, and all perfons issuing, advising, or acting under, or in obedience to the faid orders respectively, indemnified; be it therefore enacted by the King's moft excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That all perfonal actions and suits, indictments, informations, and all profecutions and proceedings whatfoever, which have been or shall be profecuted or commenced difcharged. against any perfon or persons, for or by reason of any act, matter,

All fuits for acts done un

der the recited

orders to be

fecuted in

or thing, advised, commanded, appointed, or done, or forborne to be done, in relation to the said several orders, or any of them, or of any contract or agreement not performed by reason or by means of, or in obedience to, fuch orders of council, or any of them, be, are and shall be difcharged and made void by virtue of this act; and that if any action or fuit shall be profecuted or commenced against any perfon or perfons, for or by reason of any fuch act, matter, or thing, fo advised, commanded, appointed, or

done, or forborne to be done, or such contract or agreement not General iffue. performed, he, she or they may plead the general issue, and give If plaintiffs this act and the special matter in evidence; and if the plaintiff or in actions pro- plaintiffs, in any action or fuit fo to be prosecuted or commenced Great Britain after the twenty-fecond day of February one thousand feven hunafter Feb 22, dred and ninety, in that part of Great Britain called England, or and in Quebec after the first day of July one thousand seven hundred and ninety, after July 1, in the province of Quebec, fhall become nonfuit, or forbear farther 1790, become nontuit, the profecution, or fuffer discontinuance, or if a verdict pass against defendants to fuch plaintiff or plaintiffs, the defendant or defendants shall re

cover his, her, or their double cofts, for which he, she, or they shall have the like remedy as in cases where the costs by law are given to defendants; and if any fuch action or fuit as aforesaid Thall be commenced or profecuted after the said twenty-fecond day of February one thousand seven hundred and ninety, in that part of Great Britain called Scotland, the court before which fuch action or fuit shall be commenced or profecuted shall allow to the defender the benefit of the discharge and indemnity hereby provided, and shall further allow him his double costs of fuit, in all fuch cafes as aforefaid.

recover double cofts.

II. And

actions al

II. And be it also enacted by the authority aforesaid, That if Defendants in any action or fuit hath been already commenced against any per- ready comfon or persons for any fuch 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 shall court to stay and may be lawful for the defendants or defenders in fuch actions proceedings.

or thuits refpectively, in whatever courts in Great Britain, or in his Majefty's province of Quebec, such actions or fuits shall have been commenced, to apply to fuch court or courts respectively to stay all proceedings therein refpectively, by motion in a fummary way, and fuch court or courts are hereby required to make order for that purpose accordingly; and the court or courts making such order shall award and allow, to the defendants or defenders refpectively, double costs of fuit, for which they shall respectively have the like remedy as in cases where the costs are by law given, to defendants or defenders.

or

Bri

or shipt

the vessel, &c.

III. And be it further enacted by the authority aforesaid, That Wheat, &c. no perfon or perfons whatever small, directly or indirectly, export, exported But transport, carry, or convey, or cause or procure to be exported, tain, transported, carried, or conveyed, out of or from any port or place with that inwithin the kingdom of Great Britain, load or lay on board, or tent, to be forcaufe or procure to be loaded or laid on board of any ship, vessel, feited, as also or boat, in order to be exported, transported, carried, conveyed, or out of any port or place in Great Britain, any wheat, wheat-flour, Tye, rye-meal, barley, barley-meal, malt, bread, biscuit, oats, oatmeal, peale, or beans, under the penalties and forfeitures hereinafter mentioned; that is to say, 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 ship, or other veffel or boat, in order to be exported, transported, or carried out of the Kingdom of Great Britain, contrary to this act, shall be forfeited, and that every offender or offenders therein shall forfeit the fum of twenty fhillings for every bushel of wheat, wheat-flour, rye, fye-meal, barley, barley-meal, malt, oats, oatmeal, pease, and beans, and twelve-pence for every pound weight of bread or bifcault which shall be fo exported, transported, carried, or conveyed, or fo loaded or laid on board in any ship, or other vessel or boat, In order to be exported, tranfported, carried, or conveyed, out of or from the faid kingdom of Great Britain, and also the ship, vessel, or boat, in or on board of which any of the faid articles hereinbefore fpecified shall be so respectively exported, transported, carped, or conveyed, or in or upon which any of the said respective articles shall be so loaded or laid, in order to be fo exported, tranfDorted, carried, or conveyed, and all her guns, furniture, ammuartion, tackle, and apparel, shall be forfeited, and shall and may te feized by any officer or officers of the customs, and one moiety

are to be re

fall the faid penalties and forfeitures shall be to the King's ma- Application jety, his heirs and successors, and the other moiety to him or of penalties; them who shall fue for the fame; and for offences which shall be and how they committed in that part of Great Britain called England, such pe- covered. nalies and forfeitures shall be recovered by action of debt, bill, plaint,

B 3

plaint, or information, in any of his Majesty's courts of record at Westminster; or, where the value of such penalties or forfeitures shall not exceed the sum of fifty pounds, the same shall 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 shall have been committed, and in such fuit, no essoin, protection, privilege, or wager of law, shall be allowed; and for offences which shall be committed in that part of Great Britain called Scotland, the same shall 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 such penalties or forfeitures shall not exceed the sum of fifty pounds, the same shall and may be recovered by summary bill or information at any general quarter feffions of the peace, by action in the theriffs or stewards court of the county or stewartry where the ofMasters or mariners hav- fence shall be committed; and that the master and mariners of ing knowledge any such ship, vessel, or boat, wherein any fuch offence shall be of offences committed, having knowledge of such offence, and wittingly against this and willingly aiding and assisting therein, and being thereof duly ing therein, to convicted in any such courts respectively as aforesaid, shall be imbe imprifoned. prisoned for the space of three months, without bail or mainprize. The articles IV. Provided always, That this act, or any thing herein conherein enume- tained, shall not extend, or be construed or deemed to extend, to rated may be prohibit any of the several articles herein enumerated from being

act, and aid

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

carried coastwife, nor to prohibit the exportation of so much of the faid feveral articles respectively as shall be necessary to be carried in any ship or ships, or other vessel or vessels, on their respective voyages out and home, for the sustenance, diet, and support of the commanders, masters, mariners, passengers, or others, in the same ships or vessels only, or for the victualling or providing any of his Majesty's ships of war, or other ships or veffels in his Majefty's service, or for his Majesty's forces, forts, or garrifons, or to Gibraltar, Saint Helena, the islands of Guernsey, Ferfey, Alderney, and the Isle of Man, for the sustenance and ufe of the inhabitants thereof; nor to prohibit the exportation of the same respectively to the British forts, castles, or factories in Africa, for the fupport of the persons residing therein, or for the use of ships or vessels trading on that coast that have been usually supplied with the fame from Great Britain; ner to prohibit the exportation of the fame respectively to the island of Nerufoundland, for the benefit of the British fishery there, or to Hudson's Bay in North America, for the benefit of the Hudson's Bay company and their servants residing there, or to the bay of Honduras, for the sustenance and use of the British fettlers there, of such forts and kinds only respectively, and only in such quantities and proportions respectively, and under and subject to all such terms, conditions, provisions, securities, rules, regulations, restrictions, penalties, and forfeitures as are now directed, provided, and ettablished, touching and respecting the exportation of the several articles aforesaid respectively to the several places aforesaid respectively, by any act or acts of parliament now in force.

V. Pro

America, in

V. Provided also, and be it further enacted, That nothing in The articles this act contained shall extend, or be construed or deemed to ex- herein-after tend, to prohibit the several articles herein-after expressed being enumerated may be exexported out of and from the ports of London, Bristol, Liverpool, ported from or Glasgow, and none other, to his Majesty's fugar colonies in London, &c. America, for the sustenance and use of the inhabitants of the faid to the fugar colonies, so as the whole quantity, to be so exported before the colonies in fith day of July one thousand seven hundred and ninety, do not the quantities exceed the several quantities hereafter respectively limited; that herein speciis to say, Five thousand and fifty-seven 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 pease, 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 shall be exported in such proportions respectively, from such of the before mentioned ports respectively, ta fuch of the said fugar colonies respectively, as shall be directed by the lords of the committee of his Majesty's privy council appointed for the confideration of all matters relating to trade and foreign plantations, and under and fubject to all such terms, conditions, provisions, securities, rules, regulations, restrictions, pe. nalties, and forfeitures, to which such articles are respectively fubject by any act or acts of parliament in force for the exportation of corn, grain, or flour to his Majesty's fugar colonies in America.

Vl. Provided also, That nothing in this act contained shall Foreign corn, extend, or be conftrued or deemed to extend, to prevent any warehoused, &c. legally 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 ware and meal, in manner directed by an act passed in the thirteenth house. year of the reign of his present Majefty, intituled, An act to regulate the importation and exportation of corn, from being exported from Great Britain; but that the same shall and may be exported directly from the warehouse or warehouses wherein the same respectively now are, or hereafter shall be, secured in manner aforetaid, under the several rules, regulations, conditions, restrictions, penalties, and forfeitures, under which such foreign corn and grain, flour and meal, so warehoused in pursuance of the aforefaid act of the thirteenth year of his present Majesty's reign, may be exported, by the several 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 ship, vessel, 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 Publicatie in December one thousand seven 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 ship, veflel, or boat for the receipt at the customs expor- of the order

B4

or

Gazette,

in council of exportation, according to law, in the several other ports or places Dec. 23, 1789, in Great Britain, before the collectors of his Majesty's customs may be exat the faid feveral ports or places had received his Majesty's faic ported. order in council, dated, the twenty-third day of December one thousand seven hundred and eighty-nine, but that the same shal and may be exported from Great Britain, under the several fecurities, rules, regulations, conditions, restrictions, penalties, and forfeitures, under which such foreign corn and grain, and flour and meal, or fuch British corn, grain, pease, beans, malt, flour, oatmeal, bread, and biscuit, may be exported by the several laws now in force.

Malt made or

declared for exportation export Den 29, 1789, may

be exported,

on certificate

from the ex

cise officer..

Ships at London laden with wheat, &c. for the

VII. Provided also, That nothing in this act contained shall extend, or be deemed or conftrued to extend, to prohibit the exportation of such malt as shall have been made or declared for exportation, on or before the twenty-eighth day of December one thousand seven hundred and eighty-nine, upon the proprietor or proprietors of such malt as aforesaid producing to the collector or chief officer of the customs, at the port where such malt as aforefaid 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 such malt as aforesaid for exportation shall have been made, that fuch malt was actually declared or made for ex, portation on or before the twenty-eighth day of December, in the year one thousand seven hundred and eighty-nine.

VIII. Provided nevertheless, That nothing in this act con tained shall extend, or be deemed or construed to extend, to prevent the feveral ships or veffels now in the port of London, which fugar colonics were laden with wheat and meal, flour, bread and biscuit, before the publication of his Majesty's faid order in council, dated the twenty-third day of December one thousand seven hundred and publication in eighty-nine, in the London Gazette, and which were respectively

in America before the

the Gazette, and at other

ports before

the receipt at the customs,

of the order

in council

of Dec 23, 1789, may proceed on their voyages.

Wheat, &c. may be imported into England,

entered according to law for exportation to his Majesty's sugar colonies in America, from proceeding to their respective ports of delivery in the fugar colonies aforesaid; nor to hinder the several ships now in the faid port of London, which were laden with any other fort of corn and grain, pease or beans, ground or unground, malt or oatmeal, before the publication of his Majesty'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 so laden in any other port or place in Great Britain, before the collectors of his Majesty's customs at those ports respectively had received that order of his Majesty in council, and which were respectively entered according to law for exportation to his Majesty's faid sugar colonies in America, from proceeding to their respective ports of delivery, under the several securities, rules, regulations, conditions, restrictions, penalties, and forfeitures, under which the fame articles may be exported respectively to his Majesty's fugar colonies aforesaid, by any law now in force.

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

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