of the clear yearly value of the manors, meffuages, parks, lands, tithes, tenements or hereditaments contained in fuch lease or grant; and all leafes and grants otherwise made or to be made, fhall be null and void.

III. And be it further ordained and enacted by the authority Refervation in aforefaid, That all covenants, conditions, reservations and other the leafes, &c. agreements contained in every leafe, grant or copy of court roll deemed good, made, or to be made as aforefaid, fhall be good and effectua! in' law, according to the words and contents of the fame, as well for and against them to whom the reverfions of the fame lands, tenements and hereditaments fhall come, as for and against them to whom the intereft of the faid leafes, grants or copies fhall come respectively, as if our fovereign lord the King's majesty, at the time of making fuch covenants, conditions and refervations, and other agreements, were feized of an absolute estate in fee fimple in the fame lands, tenements or hereditaments.

IV. Saving always, To all and every person and perfons, bo- Rights of dies politick and corporate, their heirs and fucceffors, executors, other perfons adminiftrators and affigns (other than to our faid fovereign lord faved." the King, and his heirs and fucceffors, and the duke and dukes of Cornwall for the time being, and his and their heirs, and all and every other perfon and perfons that shall hereafter have, inherit or enjoy the faid dukedom of Cornwall, by force of any act of parliament or other limitation whatsoever) all fuch rights, titles, eftates, cuftoms, interefts, tenures, claims and demands whatsoever, of what nature, kind or quality whatfoever, of, in, to, or out of the faid offices, lands, tenements or hereditaments, or any of them, as they or any of them had, or ought to have had, before the making of this act, to all intents and purposes, and in as large and ample manner and form, as if this act had never been had or made; this act or any thing herein contained to the contrary notwithstanding.

CAP. LI.

An act for encouraging the making of pott afhes and pearl afbes in the British plantations in America.

WH

HEREAS the making of pott afhes and pearl afhes in the British plantations in America would be advantageous to the trade of this nation, as great quantities thereof are used in the making of foap and other manufactures of this kingdom, which at present being chiefly furnished from foreign parts, the fupply of that necessary commodity is uncertain, and the price often exorbitant: may it therefore please your Majefty that it may be enacted, and be it 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 from and after the twenty ninth day of September, one thousand feven hundred and fifty one, the feveral No duties to and respective fubfidies, cuftoms, impofitions, rates and duties be paid on now payable on pott afhes or pearl afhes made in and imported pott or pearl

from

afhes imported from his Majefty's colonies in America into any part of Great from the Bri- Britain, fhall ceafe, determine and be no longer paid.

tish plantati

ons.

II. Provided always, and be it further enacted by the authoConditions to rity aforefaid, That a due entry fhall be made of all pott ashes be obferved in and pearl afhes which shall be made in, and imported from the the importa faid colonies into Great Britain, at the custom-house, at the time tion of pott and pearl afh- of the importation thereof, in the fame manner and form (ex

es.

the fame are

preffing the package, marks and numbers, together with the quantities of the refpective goods) as was used and practifed before the making of this act; and the fame fhall be landed in the prefence of, and examined by the proper officer or officers of the customs appointed for that purpofe; and fhall be imported in ships or veffels that may lawfully trade to his Majefty's plantations, manned as by law is required; and on failure of the faid conditions or directions herein before-mentioned, fuch pott ashes and pearl afhes fhall be liable to the payment of the refpective duties, as if this act had never been made.

Perfon loadIII. Provided always, and be it further enacted by the authopearl afhes in rity aforefaid, That in order to intitle the importer and imporing pott or America, to ters of pott afhes, or pearl afhes to the benefit of this act, every make oath be- merchant or other perfon or perfons whatsoever who fhall, after fore the col- the twenty ninth day of September one thoufand feven hundred lector, that and fifty one, load any pott afhes or pearl afhes on board any of the manu- fhip or veffel in any of the Britib colonies or plantations in Am?facture of the rica, fhall, before the clearing out of the faid fhip or veffel from British colo- thence, make proof on oath before the collector and comptroller. nies, &c. of the customs, and naval officer, at the port or place where fuch pott afhes or pearl afhes fhall be put on board, or any two of them, that the pott afhes or pearl afhes which he, the, or they hath or have shipped on board the faid fhip or vessel, is bona fide of the product and manufacture of fome or one of the British colonies or plantations in America, expreffing the exact quantity of fuch pott afhes or pearl afhes, and the parish or place in fuch plantation where the fame was made, and by whom (which oath the faid collector and comptroller of the cuftoms, and naval officer, or any two of them, are hereby required and and the mafter impowered to adminifter without fee or reward) and the mafter, to bring a cer- commander, or other perfon taking charge of the fhip or velfel tificate from on board which fuch pott afhes or pearl afhes thall be loaded, the officers, fhall alfo bring with him a certificate or certificates from fuch expreffing the marks and collector and comptroller of the cuftoms, and naval officer, or number of any two of them as aforefaid, under their hands and feals of packages, &c. office (which certificate or certificates fuch collector and comptroller of the customs and naval officer, are hereby required and directed to grant, without fee or reward) exprelling the marks and number of cafks or packages, alfo the weight and tale of the pott ashes and pearl afhes contained therein, and fo fhipped or loaded on board fuch thip or veffel, with the name or names place or places of abode of the exporter or exporters thereof, from the faid British colonies or plantations in America, and the name or names, place or places of abode of fuch other perfon

which he is to

or persons who fhall have fworn the goods therein mentioned to have been the product and manufacture of the faid British colonies or plantations in America; which certificate or certificates the faid mafter, commander or other perfon taking charge of deliver at his fuch fhip or veffel fhall, on his arrival in this kingdom, deliver arrival to the to the collector, comptroller or other chief officer of his Majef- collector, and ty's customs at the port where he fhall arrive at, or before the make oath to entry of the faid pott afhes or pearl afhes; and at the fame time the identity of the goods, fhall make oath before the faid collector, comptroller or chief officer of his Majefty's cuftoms (who are hereby required and impowered to adminifter the fame, without fee or reward) that the faid cafks, and parcels and goods, contained in fuch certificate are the fame cafks, and parcels and goods, as were taken on board fuch fhip or veffel in the faid British colonies or plantations in America; and if any pott afhes or pearl ashes of the product and manufacture of the British colonies or plantations in America, fhall, after the faid twenty ninth day of September one thousand seven hundred and fifty-one, be imported as here in before-mentioned, without fuch certificate figned and delivered as herein before required, and oath made as before directed, by the mafter, commander or other perfon taking charge of the fhip or veffel in which the fame is imported, all fuch pot afhes on failure and pearl afhes fhall be liable to the payment of the refpective thereof the di duties, as if this act had never been made; any thing herein ties to be paid. before contained to the contrary notwithstanding.

IV. And be it further enacted by the authority aforefaid, Penalty of maThat if any perfon or perfons fhall, from and after the faid king an entry twenty ninth day of September one thousand seven hundred and made goods of foreign fifty one, make, or caufe to be made, an entry or entries of any under the deforeign pott ashes or pearl afhes, under the name or defcription nomination of of pott afhes or pearl afhes of the product or manufacture of the British any of the British colonies or plantations in America, or fhall plantations, or of mixing mix, or cause to be mixed, any foreign pott afhes or pearl afhes the fame with pott ashes or pearl afhes of the product or manufacture of the British colonies or plantations in America, with intent to evade the duties payable on foreign pott afhes, and pearl afhes, every perfon or perfons fo making, or caufing to be made, fuch entry or entries, or mixture, or caufing fuch mixture or mixtures to be made, fhall forfeit and pay the fum of fifty pounds for every fuch offence, and all fuch foreign pott afhes and pearl afhes; and in cafe of any mixture, the quantity fo mixed, both of foreign and British plantation product and manufacture, or the value thereof, together with the cafks or other packages containing the fame, thall be forfeited, and fhall and may be feized and profecuted, or the value thereof be sued for by any officer or officers of his Majefty's customs.

cate;

V. And be it enacted by the authority aforefaid, That if any Penalty on collector or comptroller of the cuftoms, and naval officer, fhall falfe certififalfly make any fuch certificate as herein before required or directed to be made, all and every fuch perfon fo offending fhall, for every fuch offence, forfeit and pay the fum of two hundred

pounds,

6

and on false

oath;

or counterfeiting certi

ficate.

Forfeitures,

how to be profecuted.

and applied.

di to lie on 'the owner.

pounds, and alfo forfeit and lofe his office, and be incapable of ferving his Majefty, his heirs and fucceffors, in any office or trust of profit; or if any merchant, factor, trader, master or commander of any fhip or veffel, or any other perfon or perfons, fhall falfly make any oath required by this act, every fuch offender fhall incur the punishment inflicted by the laws of this realm for wilful and corrupt perjury; and if any perfon fhall knowingly counterfeit any fuch certificate as herein before is directed to be made, or publifh the fame, knowing it to be counterfeit, every fuch perfon fo offending thall incur the punishment inflicted by the laws of this realm for forgery.

VI. And it is hereby further enacted by the authority aforefaid, That the feveral penalties and forfeitures by this act inflicted, fhall and may be profecuted, determined and recovered, by bill, plaint or information, in any of his Majesty's courts of record at Westminster, or in the court of exchequer in Scotland, or in any of the courts of admiralty in his Majesty's plantations in America refpectively; wherein no effoin, protection, wager of law, or more than one imparlance, 'fhall be allowed.

VII. And be it further enacted by the authority aforefaid, That all penalties and forfeitures by this act impofed, fhall, if in Great Britain, be applied, one moiety to the ufe of his Majefty, his heirs and fucceffors, and the other moiety to fuch perfon or perfons as fhall feize, prosecute or fue for the fame: and all fuch penalties and forfeitures as shall be incurred in his Majefty's plantations in America, fhall be applied, one third part thereof to the ufe of his Majefty, his heirs and fucceffors, one third part to the use of the governor of the plantation where the forfeiture fhall be incurred, and the remaining third part to such person or perfons who shall seize, profecute, or fue for the fame.

Onus proban- VIII. Provided always, That if any doubt or dispute shall arife, whether the faid pott afhes, or pearl afhes, or any part thereof, fo to be imported as aforefaid, is of the product and manufacture of the British colonies or plantations in America, or of foreign product or manufacture, the Onus Probandi fhall lie on the owner or claimer thereof, and not on the informer or profecutor; any law, cuftom or usage to the contrary notwithftanding.

Limitation of actions.

IX. And be it further enacted by the authority aforefaid, That if any action or fuit fhall be commenced against any perfon or perfons for any thing done in pursuance of this act, every fuch action or fuit fhall be commenced within fix months next after the fact committed; and the defendant or defendants, in General iffue. any fuch action or fuit, may plead the general iffue, and give this act, and the special matter in evidence, at any trial to be had thereupon, and that the fame was done in pursuance and by the authority of this act; and if it fhall appear so to have been done, the jury fhall find for the defendant or defendants; and if the plaintiff fhall be nonfuited, or discontinue his action, after the defendant or defendants fhall have ap

peared;

peared; or if judgment fhall be given upon any verdict or de-' murrer against the plaintiff, the defendant or defendants fhall and may recover treble cofts, and have the like remedy for the Treble costs. fame as defendants have in other cafes by law.

CAP. LII.

An alt for continuing feveral laws therein mentioned, relating to the Premiums upon the importation of mafts, yards, and bowfprits, tar, pitch and turpentine; to British made fail cloth, and the duties payable on foreign fail cloth; and to the allowance upon the exportation of British made gunpowder.

WHEREAS

from Ameri

ca, &c.

THEREAS the laws berein after mentioned, are found to be very useful and beneficial to the publick, and are fo near expiring, that it is fit they fhould now be continued; 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 present parliament affembled, and by the authority of the fame, That fo much of an act made in the fecond year 2 Geo. 2. c. of the reign of his prefent Majefty, intituled, An act for the 35. for encoubetter prefervation of his Majesty's woods in America, and for the raging the encouragement of the importation of naval flores from thence; and to importation of encourage the importation of mafts, yards and howfprits, from that naval ftores part of Great Britain called Scotland, as relates to the Premiums upon mafts, yards and bowfprits, tar, pitch and turpentine, which was made to be in force from the twenty ninth day of September one thousand seven hundred and twenty nine, for the space of thirteen years, and to the end of the then next feffion of parliament; and which by another act made in the thirteenth year of the reign of his prefent Majefty, was further continued until continued by the twenty fifth day of December one thousand feven hundred 13 Geo. 2. c. and fifty, and from thence to the end of the then next feflion further contiof parliament, fhall be, and the fame is hereby further continued nued unto 25 from the time therein limited for the expiration thereof, unto December the twenty fifth day of December one thousand feven hundred 1751. See 25 and fifty one, and from thence to the end of the then next feffion of parliament.

28.

Geo. 2. c.

35.

II. Provided, That no bounty fhall be paid on any tar, un- No bounty on lefs each barrel thereof fhall contain thirty one gallons and an tar, unless half, and that the officers who furvey fuch barrel, fhall not fur- each barrel vey the fame, till the water fhall be all drawn off, and every gallons and barrel filled up with tar.

contain 31

an halt, &c.

manufacture

III. And be it further enacted by the authority aforefaid, 9 Gco. 2. c. That an act made in the ninth year of the reign of his prefent 37. for encouMajefty, intituled, An act for the further encouraging and regu- raging the lating the manufacture of British fail cloth, and for the more effectu- of British fail al fecuring the duties now payable on foreign fail cloth imported into cloth, &c. this kingdom, which was to be in force from the twenty fourth day of fune one thousand seven hundred and thirty fix, for the fpace of five years, and to the end of the then next feffion of VOL. XX.

X

parlia