&c.

and plantations, and that all and every the clauses contained in lating to the this prefent act, be punctually and bona fide obferved, according faid colonies, to the true intent and meaning thereof, fo far as appertains unto the faid governors or commanders in chief refpectively, under the like penalties, forfeitures, and difabilities, either for neglect- under the peing to take the faid oath, or for wittingly neglecting to do their nalties in the duty accordingly, as are mentioned and expreffed in the faid re- recited act of cited act made in the feventh and eighth year of the reign of 7 & 8 Will. 3. King William the Third; and the faid oath, hereby required to be taken, shall be administered by such person or perfons as hath or have been, or thall be, appointed to adminifter the oath required to be taken by the faid act made in the feventh and eighth year of the reign of King William the Third.

where to be re

XL. And be it further enacted by the authority aforefaid, Penalties and That all penalties and forfeitures herein before mentioned, which forfeitures infhall be incurred in Great Britain, fhall and may be profecuted, curred in fued for, and recovered, in any of his Majesty's courts of record Great Britain at Westminster, or in the court of Exchequer in Scotland, refpect- covered; ively; and (all neceffary charges for the recovery thereof being and how to be first deducted) fhall be divided and applied, one moiety to and divided and for the ufe of his Majefty, his heirs and fucceffors, and the applied. other moiety to the feizor or profecutor.

XLI. And it is hereby further enacted and declared, That The money from and after the twenty ninth day of September, one thoufand granted by feven hundred and fixty four, all fums of money granted and this act, and act impofed by this act, and by an act made in the twenty fifth year as rates or 25 Car. 2. of the reign of King Charles the Second, intituled, An act for duties; the encouragement of the Greenland and Eaftland trades, and for the better fecuring the plantation trade, as rates or duties; and alfo all and the penalfums of money impofed as penalties or forfeitures, by this or ties and forany other act of parliament relating to the customs, which fhall feitures relatbe paid, incurred, or recovered, in any of the British colonies or toms,in Ameing to the cuplantations in America; thall be deemed, and are hereby declared rica, are to be to be fterling money of Great Britain, and fhall be collected, re- deemed itercovered, and paid, to the amount of the value which fuch no- ling money of minal fums bear in Great Britain; and that fuch monies fhall Great Britain. and may be received and taken according to the proportion and 5s. 6d. per value of five fhillings and fix pence the ounce in filver; and ounce, in filthat all the forfeitures and penalties inflicted by this or any other ver. act or acts of parliament relating to the trade and revenues of the laid British colonies or plantations in America, which fhall be Penalties and incurred there, fhall and may be profecuted, fued for, and re- forfeitures in covered in any court of record, or in any court of admiralty, America, may in the faid colonies or plantations where fuch offence fhall be be recovered committed, or in any court of vice admiralty which may or fhall of record be appointed over all America (which court of admiralty or vice there, admiralty are hereby refpectively authorized and required to or court of proceed, hear, and determine the fame) at the election of the vice admiralinformer or profecutor.

at the rate of

in the courts

ty;

XLII. And it is hereby further enacted, That all penalties and the net and forfeitures fo recovered there, under this or any former act produce is to VOL. XXVI. F of be paid,

One third to the King,

cutor.

by the King's
fhips are to
go,

One moiety to

the King and

the other to

of parliament, fhall be divided, paid, and applied, as follows; that is to fay, after deducting the charges of profecution from the grofs produce thereof, one third part of the net produce fhall be paid into the hands of the collector of his Majesty's cuftoms at the port or place where fuch penalties or forfeitures fhall be recovered, for the ufe of his Majefty, his heirs and fucOne third to ceffors; one third part to the governor or commander in chief the governor, of the faid colony or plantation; and the other third part to the and one third perfon who fhall feize, inform, and fue for the fame; excepting to the profe- fuch feizures as fhall be made at fea by the commanders or ofBut feizures ficers of his Majefty's fhips or veffels of war duly authorized to made at fea make feizures; one moiety of which feizures, and of the penalties and forfeitures recovered thereon, first deducting the charges of profecution from the grofs produce thereof, shall be paid as aforefaid to the collector of his Majefty's cuftoms, to and for the ufe of his Majefty, his heirs and fucceffors, and the other moiety to him or them who fhall feize, inform, and fue the profecu- for the fame; any law, cuftom, or ufage, to the contrary notfubject never. withftanding; fubject nevertheless to fuch diftribution of the thelefs to fuch produce of the feizures fo made at fea, as well with regard to the diftribution, moiety herein before granted to his Majefty, his heirs and fucas his Majefty ceffors, as with regard to the other moiety given to the seizor by order of council, or or profecutor, as his Majefty, his heirs and fucceffors, fhall think proclamation, fit to order and direct by any order or orders of council, or by any proclamation or proclamations, to be made for that purpose. XLIII. Provided always, and it is hereby further enacted by the authority aforefaid, That if the produce of any feizure made in America, fhall not be fufficient to anfwer the expences of condemnation and fale; or if, upon the trial of any feizure of any fhip or goods, a verdict or fentence fhall be given for the claimant, in either of thofe cafes, the charges attending the feizing and profecuting fuch ship or goods fhall and may, with the confent and approbation of any four of the commiffioners of his Majefty's cuftoms, be paid out of any branch of the revenue of customs arifing in any of the British colonies or plantations in America; any thing in this or any other act of parliament to the contrary notwithstanding.

tor;

fhall make.

Where the feizure fhall not answer

the expence of condemnation and fale, or a verdict be given for the claimant,

the charges, with approbation of the

commiffioners, may be

defrayed out

of the customs

No claim to

XLIV. And it is hereby further enacted by the authority ain America. forefaid, That from and after the faid twenty ninth day of Sepbe admitted, tember, one thousand feven hundred and fixty four, no perfon till fecurity to fhall be admitted to enter a claim to any fhip or goods feized in anfwer colts pursuance of this or any other act of parliament, and profecuted be given, to in any of the British colonies or plantations in Arterica, until the amount of fufficient fecurity be first given, by perfons of known ability, in 601 and the court where fuch feizure is profecuted, in the penalty of fixty pounds, to answer the cofts and charges of profecution; and, in default of giving fuch fecurity, fuch fhip or goods fhall be adjudged to be forfeited, and fhall be condemned.

in default,

fhip and goods to be condemned.

Where ship or XLV. And it is hereby further enacted by the authority agoods are forefaid, That from and after the twenty ninth day of SeptemIçized for any caule of for-ber, one thousand seven hundred and fixty four, if any thip or

goods

goods fhall be feized for any cause of forfeiture, and any dispute feiture, the fhall arise whether the customs and duties for fuch goods have owner is to been paid, or the fame have been lawfully imported or exported, prove the mator concerning the growth, product, or manufacture, of fuch ter in dispute. goods, or the place from whence fuch goods were brought, then, and in fuch cafes, the proof thereof thall lie upon the owner or claimer of such ship or goods, and not upon the officer who shall feize or stop the fame; any law, cuftom, or ufage, to the contrary notwithstanding.

XLVI. And be it further enacted by the authority aforefaid, In trials upon That from and after the twenty ninth day of September, one information, thousand seven hundred and fixty four, in cafe any information in America, fhall be commenced and brought to trial in America, on account of any seizure of any fhip or goods as forfeited by this or any other act of parliament relating to his Majesty's cuftoms, wherein a verdict or fentence fhall be given for the claimer thereof; and it fhall appear to the judge or court before whom the fame where a profhall be tried, that there was a probable cause of feizure, the bable cause of judge or court before whom the fame fhall be tried fhall certify feizure apon the record or other proceedings, that there was a probable pears, the caufe for the profecutors feizing the faid fhip or goods; and, in judge hall certify the fuch cafe, the defendant fhall not be intitled to any cofts of fuit fame on the whatsoever; nor fhall the perfons who feized the faid fhip or record; goods, be liable to any action, or other fuit or profecution, on and the defendant shall account of fuch seizure: and in cafe any action, or other fuit or have no cofts, prosecution, shall be commenced and brought to trial against any nor action; person or persons whatsoever, on account of the feizing any fuch and in suits, hip or goods, where no information fhall be commenced or where no inbrought to trial to condemn the fame, and a verdict or sentence becommenced fhall be given upon fuch action or profecution against the de- and brought fendant or defendants, if the court or judge before whom fuch to trial, action or prosecution, thall certify in like manner as aforefaid that and the court there was a probable caufe for fuch feizure, then the plaintiff, fhall certify befides his fhip or goods fo feized, or the value thereof, fhall there was a probable not be intitled to above two pence damages, nor to any cofts of cause of fuit; nor fhall the defendant in fuch profecution be fined above feizure. one fhilling.

formationshall

the plaintiff fhall have but more than 1 s.

2 d. damages, and no costs; and the defendant be fined not XLVII. And be it further enacted by the authority aforefaid, That if any action or fuit fhall be commenced, either in Great Britain or America, against any perfon or perfons for any thing done in purfuance of this or any other act of parliament relating to his Majefty's customs, the defendant or defendants in fuch action or fuit may plead the general issue, and give the said acts, and the special matter, in evidence at any trial to be had General issue. thereupon, and that the fame was done in purfuance and by the authority of fuch act; and if it fhall appear fo to have been done, the jury fhall find for the defendant or defendants; and if the plaintiff fhall be non-fuited, or difcontinue his action after the defendant or defendants fhall have appeared, or if judgment

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fhall

shall be given upon verdict or demurrer against the plaintiff, the Treble cots. defendant or defendants fhall recover treble cofts, and have the like remedy for the fame as defendants have in other cafes by law. CA P. XVI.

An act to enable infants who are feized of lands, tenements, or bereditaments, within the duchy of Lancaster, or the counties palatine of Chefter, Lancaster, or Durham, or the principality of Wales, in fee, or for the life or lives of one or more other perfon or perfons, in trust, or by way of mortgage, to make conveyances of fuch eftates by order of the court of the duchy chamber of Lancaster, of the court of Exchequer of the county palatine of Chester, the court of Chancery of the county palatine of Lancafter, of the court of Chancery of the county palatine of Durham, and of the courts of the great feffions in the principality of Wales.

HEREAS by an act of parliament made in the Seventh year Preamble reof the reign of her late majesty Queen Anne, intituled, An citing claufe act to enable infants who are feifed or poffeffed of eftates in fee, in act 7 Ann. in truft, or by way of mortgage, to make conveyances of fuch eftates, perfons under the age of one and twenty years, having eftates in lands, tenements, or hereditaments, only in truft for others, or by way of mortgage, are enabled and compellable, by the direction and order of the high court of Chancery, or the court of Exchequer, to convey and affure fuch lands, tenements, or hereditaments, in fuch manner as the faid court of Chancery, or the court of Exchequer, hall, by fuch order in pursuance of the said act, direct: and whereas the benefit intended by the faid act will be manifeftly extended, by giving to, and vesting in, the proper respective courts of the duchy of Lancafter, and the courts in the feveral counties palatine of Chefter, Lancaster, and Durham, and the courts of the great feffions in Wales, fuch and the like power, jurisdiction, and authority, reSpecting infants who are or shall be feifed of lands, tenements, or hereditaments, within the faid duchy of Lancaster, and the feveral counties palatine of Chefter, Lancaster, and Durham, and the principality of Wales refpectively, in fee, or for the life or lives of one or more other perfon or perfons, as by the faid act is given to, and vefted in, the high court of Chancery, and the court of Exchequer: 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 Infants feifed the authority of the fame, That from and after the first day of of lands, te- June, one thousand feven hundred and fixty four, it fhall and may be lawful to and for any perfon or perfons under the age of one and twenty years, having fuch eftate or eftates in lands, tenements, or hereditaments, within the duchy of Lancaster, or the counties palatine of Chefter, Lancaster, and Durham refpectively, or in the principality of Wales, by the direction of the court of

nements, or hereditaments,

may, by order of the court,

the

tion, or mo

the duchy chamber of Lancaster, of the court of Exchequer of the county palatine of Chefter, of the court of Chancery of the county palatine of Lancafter, of the court of Chancery of the county palatine of Durham, and of the several courts of the great feffions in Wales refpectively, fignified by an order made upon hear- upon petiing all parties concerned on the petition or motion of the perfon tion made, or perfons for whom such infant or infants shall be so seized as aforefaid, in truft, or of the mortgagor or mortgagors, or guardian or guardians, of fuch infant or infants, or persons intitled to the monies fecured by or upon any fuch lands, tenements, or hereditaments, whereof any infant or infants are or shall be feifed, in truft, or by way of mortgage, or of the person or persons intitled to the redemption thereof, to convey and affure any fuch make conveylands, tenements, or hereditaments, in such manner as the faid ances of such feveral courts of the faid duchy, counties palatine, and great estates; feffion in Wales, wherein fuch lands, tenements, or hereditaments, fhall lie, by fuch order fo to be obtained, direct, to any other perfon or perfons; and fuch conveyance or affurance fo to be had which fhall be deemed good and made as aforefaid, fhall be as good and effectual in law, to all intents and purposes whatsoever, as if the faid infant or infants was or were at the time of making such conveyance or affurance of the full age of one and twenty years; any law, cuftom, or ufage, to the contrary in any wife notwithstanding. II. And be it further enacted by the authority aforefaid, That Infants being all and every such infant or infants, being only trustee or trustees, or mortgamortgagee or mortgagees, as aforefaid, fhall and may be com- gees, pelled, by fuch order as aforefaid to be obtained, to make fuch may be comconveyance or conveyances, affurance or affurances, as aforefaid, pelled by fuch in like manner as trustees or mortagees of full age are compellable order, to to convey or affign their truft eftates or mortgages,

CAP. XVII.

An alt to explain and amend an act, passed in the fecond year of the reign of his prefent Majefty, intituled, An act to explain, amend, and reduce into one act of parliament, the feveral laws now in being, relating to the raifing and training the militia within that part of Great Britain called England.

WH

in law.

only trustees,

make fuch conveyances and afsurances accordingly.

WHEREAS the laws now in force, for the raifing and train- Preamble. ing the militia, within that part of Great Britain called England, are in fome refpects defective: and whereas frequent delays, and many difficulties have occured in the execution of the acts now in force for raifing and training the militia, from the manner in which the whole execution of the acts is made to depend in all counties, ridings, and places, where the militia has been or fhall be raised, upon holding a general meeting, on either the laft Tuesday in October, or the last Tuesday in May, in each year; and doubts have arifen, whether, in fuch cafe, any fubfequent general meetings can now be called for the purposes of the faid acts, unless there fhall have been a previous general meeting on one of the days before specified; may it therefore

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please