church of Lancaster, and in the diocese of Chester, is in right of the Said church feised of and in divers parcels of land and ground herein after-mentioned and described, which are very commodiously and conveniently fituated for the purposes afore-mentioned; and the right reverend Samuel lord bishop of Chester, the ordinary, Edward Marton esquire, the patron or owner of the advowson of the vicarage of the faid church, and the faid James Fenton, the present incumbent thereof, bave respectively consented and agreed, that the faid pieces or parcels of ground shall be converted, applied, and disposed of, for the purposes herein after-mentioned; but under, and subject to the rents, reservations, provisions, and restrictions herein after expreffed, provided, and declared: wherefore for the promoting, carrying on, and effecting a design so beneficial for the town of Lancaster, and so conducive to the increase of trade and navigation, and the good of the publick; may it please your most excellent Majesty, that it may be enacted,

.

Certain parcels of lands vested in trustees, for the purposes of this act. The vicar of the parish to be paid thereout an annual rent of 141. 14s. by quarterly payments. The lands to be employed as a wharf, &c. Upon the death of any trustee, another to be chofen, &c. Conveyance of the premisses to be made to the new trustee. The trustees to separate the lands vested in them from the other parts of the vicarage landsby a stone wall; and to make a reservoir of water, &c. and in case of any overflow, to divert the waters into the Loyne, &c. Occupiers of the vicarage lands impowered to take sand along the Summer-Pasture, and to drive their cattle to and from water. The ways to be appointed by the trustees, or on their neglect, by the vicar. The vicar to have the herbage until the divifion wall be built. No way, &c. to be made through the wall, without consent of the vicar. Commissioners appointed to execute this act to May, 1755. Upon the death of any commissioner another to be elected. Merchants, &c. to meet every third year, and nominate 16 inhabitants to be joint commissioners, who are impowered to build a quay, &c. and to let the fame; and to erect piers at the mouth of the river, &c. Duties granted on vessels coming into or going out of the port for the term of 21 years. No vessel to pay inwards and outwards for the fame voyage. One moiety of the duties only to ceale after 21 years. No vessel to be cleared at the custom-house without a certificate of payment of the duties. Commiffioners impowered to make by-laws, &c. and to contract for the works; and to borrow 2000l. on the duties. Collectors books of receipts and payments, to be produced at the quarter feffions. Commissioners to appoint collectors, and to allow them not exceeding is. in the pound. Commissioners to meet twice in the year, and audite all accounts, and may remove collectors, &c. Commissioners to appoint a person who shall order the mooring, &c. of ships. Twenty shillings penalty on throwing rubbish, &c. into the river.

SCHEDULE of the duties.

OR every thip coming in or going out of the port of Lancaster, and F trading to or from any place in Europe, within the Streights; or in Africa, America, or Greenland, 1s. per ton.

For every ship trading to or from any foreign port in Europe, 8d. per

ton.

For every ship trading to or from any place in Great Britain fouth of Holly Head, or north of the Moll of Galloway, 6d. per ton,

For every ship trading to or from any place in Ireland, or the Isle of Man, 4d. per ton.

For every ship trading to or from any place in Great Britain north of Holly Head, or fouth of the Mull of Galloway, ad. per ton.

And

5 Geo.I. C. 27.

And for every ship coming in ballast into the river Loyne, and not lad ́ing, or unlading, for every ton one fourth part of the duties.

CAP. XIII.

An act for the effectual punishing of persons convicted of feducing artificers in the manufactures of Great Britain or Ireland, out of the dominions of the crown of Great Britain; and to prevent the exportation of utensils made use of in the woollen and filk manufactures from Great Britain or Ireland, into foreignparts; and for the more easy and Speedy determination of appeals, allowed in certain cafes, by an art made in the last session of parliament, relating to persons employed in the several manufactures therein mentioned.

WHEREAS by an alt made in

the fifth year of the

reign of

bis

late majesty King George the First, intituled, An act to prevent the inconveniencies arifing from seducing artificers in the manufactures of Great Britain, into foreign parts; it is amongst other things enacted, That if any person or persons shall contract with, entice, endeavour to perfuade, or folicit any manufacturer or artificer of or in wooll, iron, steel, brass, or any other metal, clock-maker, watchmaker, or any other artificer or manufacturer of Great Britain, to go out of this kingdom, into any foreign country out of his Majesty's dominions, and shall be lawfully convicted thereof, in the manner prefcribed by the faid act; the person and persons so convict, shall be fined any fum not exceeding one hundred pounds for fuch first offence, according to the discretion of the court, in which fuch conviction shall be, and shall be imprisoned for the space of three months, and until fuch fine shall be paid; and if any person or perfons having been once convict as aforesaid, shall offend again, and be so convict a second time of the like offence, then, and in such case, the person so convict a second time Shall be fined at the discretion of the court, where such conviction shall be, and shall be imprisoned for twelve months, and until juch fine sball be paid: and whereas, notwithstanding the penalties to which offenders against the faid att are thereby subjected, divers wicked and evil disposed persons have of late feduced into foreign parts several artificers in the woollen and other manufactures: and it is therefore become neceffary to make some further and more effectual provision, to deter fuch persons from committing the faid offences, so destructive to the trade of this kingdom: therefore for preventing the said pernicious practices for the future, and for explaining, amending, and rendering more effectual the said act, be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the fame That if victed of se at any time after the twenty fourth day of June, one thousand ducing artifi- seven hundred and fifty, any person or persons shall contract with, manufactures entice, perfuade, or endeavour to perfuade, solicit, or seduce of Great Bri- any manufacturer, workman, or artificer of or in wooll, mo

the dominions

hair, cotton, or filk, or of or in any manufactures made up of tain or Irewooll, mohair, cotton, or filk, or any of the said materials mix- land, out of ed one with another, or of or in iron, steel, brass, or any other of Great Brimetal, or any clock-maker, watch-maker, or any other manu-tain, facturer, workman, or artificer of or in any other of the manufactures of Great Britain or Ireland,, of what nature or kind soever, to go out of this kingdom, or out of the kingdom of Ireland, into any foreign country, not within the dominions of or belonging to the crown of Great Britain; and shall be lawfully convicted thereof, upon any indictment or information to be preferred or brought against him, her, or them, in his Majefty's court of King's Bench at Westminster, or by indictment at the assizes or general gaol delivery for the county, riding, or divifion, wherein such offence shall be committed (if such offence shall be committed in that part of Great Britain called England) or by indictment in the court of justiciary, or any of the circuit courts in Scotland (if such offence shall be committed in that part of Great Britain called Scotland) or by indictment or information in his Majesty's court of King's Bench at Dublin (if such offence shall be committed in Ireland) the perfon or persons fo convicted, shall, for every artificer, workman, or manufacturer, so by him, her, or them, respectively contracted with, enticed, perfuaded, folicited, or seduced, severally forfeit the sum of five to forfeit sool. hundred pounds of lawful money of Great Britain; and shall and to beimalso suffer imprisonment in the common gaol of the county, rid. prisoned for 12 ing, division, shire, or stewartry, wherein such offender or offenders shall be respectively convicted, for the space of twelve calendar months without bail or mainprize, and until such forfeiture shall be paid; and in case of a further conviction, in manner before prescribed by this act, for or upon a fecond or other and for a fesubsequent offence of the same kind, the person or persons so cond offence again offending, shall, upon every second or other subsequent 1000l. conviction, severally forfeit for every person so by him, her, or them respectively contracted with, enticed, perfuaded, folicited, or feduced, the sum of one thousand pounds of lawful money of Great Britain; and shall also suffer imprisonment in the common gaol of the county, riding, division, shire, or stewartry, wherein such offender or offenders shall be respectively convict- prisoned for 2 ed, for the space of two years, without bail or mainprize, and years. until such forfeiture shall be paid; any thing in the said in part recited act of the fifth year of his faid late Majesty's reign to the contrary notwithstanding..

months.

to forfeit

II. Provided nevertheless, That no person shall be profecuted Prosecution to for any of the offences aforesaid, unless such prosecution shall be be commenccommenced within the space of twelve calendar months next af- ed within 12 ter fuch offence shall be committed.

III. And whereas the exportation of the several tools or utenfils made use of in preparing, working up, and finishing the woollen and filk manufactures, or any or either of them, will enable foreigners to work up fuch manufactures, and thereby greatly diminish the exportation of the fame from this kingdom: therefore, for preferving as much

1

Persons ex

len and filk

much as poffible to his Majesty's British subjects, the benefits

porting uten arising from those great and valuable branches of trade and commerce; be it further enacted by the authority aforesaid, That manufactures, from and after the said twenty fourth day of June, one thousand seven hundred and fifty, if any person or persons in Great Britain or Ireland, shall, upon any pretence whatsoever, load or put on board, or cause to be loaden or put on board of any ship, vessel or boat which shall not be bound directly to some port or place in Great Britain or Ireland, or to some other of the dominions of the crown of Great Britain, any such tools or utenfils as are commonly used in, or are proper for the preparing, working up, or finishing of the woollen or filk manufactures, or any or either of them, or any parts or parcels of fuch tools or utenfils, by what name or names such tools or utensils shall or may be called or known, the perfon or persons so offending, shall for every such offence, not only forfeit and lose all fuch tools and utensils, or parts or parcels thereof, which shall be so loaden or put on board as aforesaid, but also the sum of two hundred pounds of lawful money of Great Britain, to be recovered by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Westminster, or in the court of session in Scotland, or in any of the four courts at Dublin respectively, wherein no essoin, protection, privilege, or wager of law shall be allowed, or more than one imparlance.

shall forfeit

the tools and 2001.

Officers of the

IV. And be it further enacted by the authority aforesaid, That customs im- from and after the faid twenty fourth day of June, one thousand

pov ered to feize tools found on board ships bound to foreign parts ;

feven hundred and fifty, it shall and may be lawful to and for any officer of his Majesty's customs in Great Britain, and for any officer of the revenue in Ireland, to seize and secure in some or one of his Majesty's warehouses, all such tools or utenfils by this act prohibited to be exported, as such officer shall find or discover to be laid or put on board of any ship, vessel, or boat, which shall not be bound directly to some port or place in Great Britain or Ireland, or to some other of the dominions of the crown of Great Britain, and that every officer who shall seize and secure

any of the faid tools or utensils, shall be fully and absolutely into be fold af- demnified for so doing; and all tools or utenfils so seized and ter condemna- fecured as aforesaid, thall, after condemnation thereof, in due

tion.

Captains of vessels permitting fuch

course of law, be publickly fold to the best bidder, and one moiety of the produce arifing by the fale of fuch tools and utenfils, shall be to the use of his Majesty, his heirs and successors, and the other moiety to the officer who shall seize and secure the fame as aforesaid.

V. And be it further enacted by the authority aforesaid, That from and after the faid twenty fourth day of June, one thousand

utenfils to be seven hundred and fifty, if the captain or master of any ship, put on board vessel, or boat, in Great Britain or Ireland, shall knowingly to forfeit 100l. permit any of the faid tools, or utenfils by this act prohibited to be exported as aforesaid, to be put on board his faid ship, vessel, or boat, every such captain or master shall, for every such offence, forfeit the sum of one hundred pounds of lawful money of Great Britain, to be sued for and recover

ed

feit rool. and

ed in the fame manner as the penalties by this act inflicted up- Captains of on perfons exporting the said tools or utenfils are to be sued his Majesty's for and recovered; and if the said ship, vessel, or boat be- thips to forlongs to his Majesty, his heirs or fuccessors, then the captain or to becashiered. master thereof shall not only forfeit the sum of one hundred pounds of lawful money of Great Britain, to be fued for and recovered as aforefsaid, but shall also forfeit his employment, and be incapable of any office or employment under his Majesty, his heirs or fuccessors.

VI. And be it further enacted by the authority aforesaid, Officer of the That if any customer, comptroller, furveyor, searcher, waiter, custom house, or other officer of the customs in Great Britain, or any officer of signing cockthe revenue in Ireland, shall take, or knowingly or willingly fuf- ets, &c. for the exporting fer to be taken, any entry outward, or shall fign any cocket, such tools. warrant, or fufferance for the shipping or exporting of any of the faid tools or utenfils by this act prohibited to be exported, or shall knowingly or willingly permit or fuffer the fame to be done, directly or indirectly, contrary to the true intent and meaning of this act, every such customer, comptroller, furveyor, searcher, waiter, or other officer of the customs in Great Britain or officer of the revenue in Ireland so offending, shall forfeit the fum of one hundred pounds of lawful money of Great Britain, to forfeit 100l. to be fued for, and recovered as aforesaid; and shall also forfeit and his emhis office, and be incapable of any office or employment under ployment. his Majesty, his heirs or fuccessors.

VII. And be it further enacted by the authority aforesaid, One moiety That one moiety of the respective forfeitures by this act inflicted to the King, upon offenders against the same, shall, when recovered, go and the other to be applied to the use of his Majesty, his heirs and successors, and the profethe other moiety to the use of the person or persons who shall cutor. sue and profecute for the fame respectively.

VIII. And be it further enacted by the authority aforesaid, Limitation of That if any fuit or action shall be commenced against any per- actions. fon for what he shall do in pursuance of this act, such action shall be commenced within fix months after the fact committed; and the person so sued may file common bail, or enter a common appearance, and plead the general issue, not guilty, and may give this act, and the special matter in evidence; and if General issue. the plaintiff or profecutor shall become nonfuit, or fuffer discontinuance, or if a verdict pass against him, or if, upon demurrer judgment be given against him, the defendant shall recover tre- Treble costs. ble costs.

IX. And whereas by an act made in the last fession of parliament (intituled, An act for the more effectual preventing of frauds and abuses committed by persons employed in the manufacture of hats, and in the woollen, linen, fustian, cotton, iron, leather, furr, hemp, flax, mohair, and filk manufactures; and for preventing unlawful combinations of journeymen dyers and journeymen hot-preffers, and of all persons employed in the faid manufactures; and for the better payment of their wages) it is,

amongst other things enacted, That if any person convicted of buying, VOL. XX.

C

receiving,

22 Geo. 2.

C. 27