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Forfeitures to go to the persons suing for them. Wool, &c. conveyed contrary to this act, with the

vessel, &c. to be forfeited.

Act not to ex-
tend to the
exportation of
tobacco-pipe
clay to the Bri-
tish colonies in
the West Indies,
while allowed
by 17 Geo. 3.
c. 43.

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"correction of the county, riding, division, shire, or stewartry "wherein such offender or offenders shall be respectively con"victed, for the space of three calendar months, without bail or "mainprize, and until the penalty in which he, she, or they shall "be convicted shall be paid, so as the whole of such imprison"ment for the non-payment of such penalty shall not exceed the 66 space of twelve calendar months; and in case of a further con"viction for or upon a second or other subsequent offence of the "same kind, the person or persons so again offending shall, upon every second, or other subsequent conviction, forfeit and pay "three shillings for every pound weight of such wool and other "articles herein-before mentioned, and which are hereby pro"hibited from being exported, or the sum of fifty pounds of law"ful money of Great Britain, at the election of the person or persons who shall sue for the same, and shall also suffer solitary imprisonment in the common gaol or house of correction of "the county, riding, division, shire, or stewartry, wherein such "offender or offenders shall be respectively convicted, for the space of six calendar months, without bail or mainprize, and "until the penalty in which he, she, or they shall be convicted "shall be paid, so as the whole of such imprisonment for the "non-payment of the penalty which shall be incurred by such "second or other subsequent offence shall not exceed the space "of two years; all which said several forfeitures shall be for the "benefit of the person or persons who shall sue for the same; "and the said wool, and other the said herein-before enumerated

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articles, which shall be packed, loaded, removed, carried, con"veyed, or shipped, with intent to export the same, otherwise "than under and according to the restrictions and regulations, "and subject to the powers and exceptions herein-after mentioned " and expressed, shall, together with the ship, vessel, bottom, or "boat, waggon, cart, and other carriage, horses, or other beasts, "on or by which any of the said hereby prohibited articles shall happen to be so loaded, carrying or conveying, be liable to be "seized, and shall become forfeited for the benefit of the person 66 or persons who shall seize the same."

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Sect. 14. By 28 Geo. 3. c. 38. s. 10. it is provided, "That nothing in this act contained shall extend, or be deemed or "construed to extend, to prohibit the exportation of tobaccopipe clay from any port in this kingdom to any British sugar colony or plantation in the West Indies, in any ship or vessel "which may lawfully trade thither, so long as the exportation "thereof shall be allowed by virtue of an act made and passed in "the seventeeth year of the reign of his present majesty, intituled, An Act for repealing the eleventh rule in the book of rates, "so far as the same relates to making any allowance upon the importation of damaged currants and raisins, and for making "the importer of such goods an abatement in the duties in lieu "thereof; and for explaining the said rule with respect to such "allowance for damage on other goods; and to permit the exportation of tobacco-pipe clay from this kingdom to the British sugar colonies or plantations in the West Indies, for a limited

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"time;' which said recited act has been continued by several "subsequent acts of parliament."

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+ Sect. 15. By 28 Geo. 3. c. 38. s. 11. it is enacted, "That "all and every owner and owners of wool, or any other the said "herein-before enumerated woollen and worsted articles, and "which are hereby prohibited from being exported, or his, her, 66 or their agent or agents, who shall at any time hereafter carry, "or cause to be carried, any wool, or any other the said lastmentioned articles, to any port or place on the sea-coast within "the said kingdom of Great Britain, with an intention to convey "the same to any other port or place on the sea-coast within "the same kingdom, from whence the same may be shipped off, "or otherwise transported, conveyed, or carried into foreign 66 parts, shall, in the first place, cause a due entry to be made of "the said wool, and other the said last-mentioned articles, at the port from whence the same shall be so intended to be conveyed, containing the exact weight, marks, and numbers of the same, "before he, she, or they, shall presume to load or carry away any "of the said wool, or the last-mentioned articles, within five If wool, &c. "miles of any such port or place on the said sea-coasts, from intended to be "whence the same is or are so to be conveyed; and if any wool, be carrying "or any other the said last-mentioned articles, shall be carrying towards the sea, "towards the sea, for the purpose aforesaid, without being first without entry "entered in manner aforesaid, and without being accompanied been made, to "with a certificate of such entry, and which the officer with be forfeited, &c. "whom such entry shall be made is hereby required to give, the Repealed by 1 "wool, and other the aforesaid articles, so found, and also the & 2 Geo. 4. "horse or horses, or other beast, cart, waggon, or other carriages, next paragraph. conveying the same, shall be forfeited for the benefit of the person or persons who shall seize thereupon."

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By 1 and 2 Geo. 4. c. 81. The above clause is recited and so much of the act of 28 Geo. 3. as relates to the registry of wool carried coast wise is repealed.

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sent coastwise,

thereof having

c. 81. Vide the

But not to extend to wool carrying from the place of shearing to

certified to the

+ Sect. 16. By 28 Geo. 3. c. 38. s. 12. it is provided, "That "the aforegoing clause is not intended, nor shall be construed to extend, to the hindering any person or persons from carrying "his, her, or their wool from the place of shearing the same, on the owner's "horses, or by carts and waggons, to his, her, or their own dwellhouse, though "ing-house or houses, or out-houses thereunto belonging, though within five miles "the same be within five miles or less of the sea, so as such person of the sea, if "or persons, within ten days after the shearing of the said wool, and the quantity be "before he, she, or they remove or otherwise dispose of the same, or officer of the any part thereof, from the place where it was first carried after next port, as shearing, do under his, her, or their hands, certify to the officers also the inten"of the customs in the next adjacent port, the true quantity of the it. "said wool; (that is to say) of the number of fleeces, and where the same is housed, and that such person or persons do not re"move, or otherwise dispose of the said wool, to any other place, "without first certifying to the officer of such port, under his, "her, or their hands, of his, her, or their intention to remove the same, three days at least before such removal; and the officer " and

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tion to remove

Officer to register such certificates.

If there be no

miles, certifi

cates to be

given to a justice, &c.

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" and officers in their respective ports, and the limits of such ports, are hereby required to receive and keep such certificates, "and to make a register of them; but in case any such person

or persons shall neglect to make and send such certificate to "the officer or officers of the next adjacent port as aforesaid, or "shall remove or otherwise dispose of any of the said wool be"fore such certificate of his, her, or their intention so to be made " and delivered as aforesaid, such person or persons shall have "no benefit by this proviso, but be liable to the penalties expressed in the foregoing clause."

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Sect. 17. By 28 Geo. 3. c. 38. s. 13. it is also provided, port within five That if such next adjacent port shall happen to be at a greater "distance than five miles from the dwelling-house or houses of "such aforesaid person or persons, that then and in every such "case every such aforesaid entry, notice, or certificate, shall and "may be made or given to any one of his majesty's justices of "the peace, or any officer of his majesty's revenue, nearest to "to the dwelling-house or houses of such person or persons; "any thing herein contained to the contrary thereof in anywise "notwithstanding."

Quantity of wool of sheep

shorn for market between

March 1st and July 1st need· not be certified till after the general shear. ing, if three days previous notice of the

removal be certified as aforesaid.

Qualified per

for their own

use, wool, &c. found near the

sea, or any navigable river, with an intent to be exported.

Sect. 18. By the 28 Geo. 3. c. 38. s. 14. it is further provided, "That in case any sheep shall be shorn between the first "day of March and the first day of July in each year, for the "sole purpose of sending them to market, and in case the owner or owners of such sheep shall not remove or otherwise dispose "of the wool or fleeces which shall be shorn from such sheep, " from the places where the same were first carried after shearing, "without first certifying in three days in manner aforesaid, it "shall not be necessary for such owner or owners to certify the "true quantity of the said wool and number of such fleeces, and "where the same are housed, until such owner or owners shall certify in manner before-mentioned, the quantity of the wool "and number of the fleeces shorn from the whole of the flock " or flocks belonging to such owner or owners, after the general shearing for that season of the said flock or flocks."

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Sect. 19. By 28 Geo. 3. c. 38. s. 15. it is enacted, "That sons may seize," it shall and may be lawful to and for any person or perauthorized and qualified as herein-after is mentioned, to sons, "seize, take, and challenge, to and for his and their own use and "benefit, all such wool, woolfels, mortlings, shortlings, and other "the said woollen and worsted articles fuller's earth, fulling clay, "and tobacco-pipe clay, which he or they shall happen to see, "know, or discover, to be brought, carried, or laid on shore "at or near the sea, or any navigable river, to the intent or purpose to be exported or conveyed out of the said kingdom "of Great Britain, or out of the isles aforesaid, or any of them, contrary to the true intent and meaning of this act; and the Penalty on the "offender or offenders therein shall be subject and liable to the "like forfeiture, pains, and penalties, as persons by this act are subject unto, for exporting, transporting, or shipping of wool, "or other the commodities aforesaid, contrary to the true intent "and meaning hereof."

offenders.

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Sect.

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Sect. 20. By 28 Geo. S. c. 38. s. 16. it is provided,

"That Wool for the

herein con

"it shall and may be lawful to export and transport the several use of Jersey, quantities of wool herein-after mentioned out of or from the &c. may be exported from "port of Southampton only, unto the isles of Jersey, Guernsey, Southampton Alderney, or Sark, by or for the only use or behoof of any of under the re"the inhabitants of the said isles, or some or one of them, but gulations "under and subject to the regulations in this act contained re- tained. "specting the removal and shipping of wool, and so as such "wool shall be shipped or laden on board some ship or vessel "then the property of some person or persons residing within 66 one of the said isles of Jersey, Guernsey, Alderney, or Sark, "and so as such person and persons as shall so ship or put on "board such wool aforesaid in any such ship or other vessel, do, "before the shipping or putting on board such wool, deliver "unto the collector, customer, comptroller, surveyor, or searcher "of the port of Southampton aforesaid (out of which the same "wool is to be exported), a writing under the hand and seal of "the governor of the said isle of Jersey, or of his deputy or deputies, as to the wool which is to be exported to the said "island; and under the seal of the said governor of Guernsey, "or of his deputy or deputies, as to the wool which is to be exported to the said isles of Guernsey, Alderney, and Sark, or any of them; in which writing it shall be expressed that the party named therein is authorized and appointed to export or cause to be exported out of the port aforesaid so much wool, 66 expressing the number of tods, to the same isles, or some or or one of them, to be used and manufactured in one of the same isles, or in some of the members or parts of the same, " and that such party, so authorized and appointed to export or cause to be exported such wool, hath, before the making and sealing of the said writing, entered into sufficient bond to his majesty's use for the landing of the said wool in manner afore"said."

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+ Sect. 21. By 28 Geo. 3. c. 38. s. 17. to the intent that the Quantity that quantity of wool to be exported out of the port of Southampton may be exaforesaid into the said isles, or either of them, in any one year, to Jersey, &c. ported annually may not exceed the quantity hereunder specified; (that is to say) unto the isle of Jersey four thousand tods, and no more, of uncombed wool; and unto the isle of Guernsey two thousand tods, and no more, of uncombed wool; and unto the isle of Alderney four hundred tods of uncombed wool, and no more; and unto the isle of Sark two hundred tods of uncombed wool, and no more, each tod not exceeding thirty-two pounds in weight; it is further enacted, "That the governor of the said isle of Jersey, Governor of 66 or his deputy, for whom he shall answer, shall not make to Jersey, &c. not any person or persons any writing or writings, such as is above to authorize the

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more than the

specified, to authorize and appoint such person or persons as exportation of "aforesaid to fetch, export, or transport, out of the port of quantity speSouthampton aforesaid unto the said isle of Jersey, in any one cified. "year, any greater quantity of wool than four thousand tods; " and that the governor of the said isle of Guernsey, or his de"puty, for whom he shall answer, shall not make to any person

Customer of

allowed quantity to be laden.

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"or persons any writing or writings, such as is above specified, "to authorize and appoint such person or persons as aforesaid "to fetch, export, or transport, out of the port above specified, "unto the said isles of Guernsey, Alderney, and Sark, in any one year, any greater quantity of wool than two thousand tods "for Guernsey, four hundred tods for Alderney, and two hun"dred tods for Sark; and that the customer of the port of Southampton to " Southampton aforesaid shall keep a true account of all the said be displaced, quantity of wool so by him permitted to be laden by this act, and forfeit 5004. if he permit a "and shall not permit any greater quantity of wool to be laden larger than the "than by this act is prescribed, in any one year, to any of the "said islands respectively, under any pretence whatsoever, upon "the penalty of the forfeiture of his place, and of the sum of "five hundred pounds in money, one moiety whereof to the "king's majesty, his heirs or successors, and the other moiety to "him or them that will sue for the same in any court of record, "wherein no essoin, protection, or wager of law, nor more than one imparlance, shall be allowed: and if any of the governors Governors, &c." of the said isles, their or either of their deputy or deputies, shall authorizing a give, grant, or make any license or licenses for exporting from Southampton aforsesaid unto the said isles respectively any "greater quantity of such wool than is before, by the true meaning "of this act, limited and appointed in that behalf; that then "the respective governor or governors of such of the said isles "shall forfeit and pay to the king's majesty, his heirs or suc"cessors, the sum of twenty pounds of lawful money of Great "Britain for every tod of wool, which shall be so licensed to be exported, over and above the rate or proportion of wool in and "by this act, or the true meaning thereof, limited or appointed, "one moiety whereof shall be paid to the king's majesty, his "heirs or successors, and the other moiety thereof to him or "them that will sue for the same in any court of record, whereof 66 no essoin, protection, or wager of law, nor more than one im"parlance shall be allowed."

larger quantity to be exported, to forfeit 201. per tod.

1s. to be paid for license and entry..

No wool, &c. to be shipped, but in vessels belonging to natural-born subjects resident in Great Britain.

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"That

+ Sect. 22. By 28 Geo. 3. c. 38. s. 18. it is enacted, "the respective governors aforesaid, or their respective deputies, "or any of their clerks, officers, or servants, for the granting, "making, signing, or sealing of every such writing of license be"fore directed, and for the entering a remembrance of the same "into some book, which they shall have and keep for that purpose, shall have and take the sum of one shilling, and no more." + Sect. 23. By 28 Geo. 3. c. 38. s. 19. it is enacted, “That "no wool, or any of the herein-before enumerated woollen or "worsted articles, fullers' earth, fulling clay, or tobacco-pipe clay, shall, on any pretence whatever, be put on board any ship or other vessel, hulk, or boat, whereof any alien-born, or "whereof any natural-born subject, not inhabiting within the kingdom of Great Britain, shall be owner or part owner; and every such ship or vessel, hulk, or boat, wherein any such "wool, or other articles herein-before enumerated, shall be shipped, put, or lain on board, contrary to the true intent and meaning of this act, shall be forfeited to and for the use of the " person

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