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II. Provided always, That nothing in this act fhall extend Not to extend to apprentices under the age of fifteen years, who fhall rob to apprentices under 15 years their masters, as aforefaid. of age.

there commit

III. And whereas there bas been fome doubt, whether the entring Entring into into the mansion-house of another, without breaking the fame, with a houfe withan intent to commit fome felony, and breaking the faid house in the out breaking night-time to get out, be burglary; be it declared and enacted by it, or being the authority aforefaid, That if any perfon fhall enter into the ing felony, manfion or dwelling-houfe of another, by day or by night, and breaking without breaking the fame, with an intent to coinmit felony, or the houfe in being in fuch houfe fhall commit any felony, and fhall in the the night to night-time break the said houfe to get out of the fame, fuch per- he burglary. fon is and fhall be adjudged and taken to be guilty of burglary, and shall be oufted of the benefit of his and her clergy, in the fame manner as if fuch perfon had broke and entred the faid house in the night-time, with an intent to commit felony there. CAP. VIII.

An act for raifing the militia for the year one thousand seven hundred and thirteen, although the month's pay formerly advanced be not repaid. E X P.

CAP. IX.

An act for continuing an alt made in the third and fourth years of the reign of her prefent Majefty, intituled, An act for encouraging the importation of naval ftores from her Majefty's plantations in America; and for encouraging the importation of naval ftores from that part of Great Britain called Scotland, to that part of Great Britain called England.

W

get out, fhall

THEREAS an act was made in the third and fourth years of her prefent Majefty's reign, intituled, An act for encouraging the importation of naval ftores from her Majefty's plan- 3 & 4 Ann. tations in America; which hath been found to be very advantageous c. io. for furnishing with naval ftores the royal navy and fhipping of this kingdom, wherein, under God, the wealth, safety, and frength of this nation is fo much concerned, and depends on the due fupply of fores neceffary for the fame; which by a due encouragement may be had from her Majesty's colonies and plantations in America, which were at first fettled, and are ftill maintained and protected at a great expence from this kingdom; and in regard the faid colonies and plantations may (as they have done) commodiously afford great quantities of all forts of naval flores, by continuing the encouragement given in the faid act for importing the fame into England: and whereas the faid act is near expiring; be it therefore enacted by the Queen's most The act 3 & 4 excellent majefty, by and with the advice and confent of the Ann. c. 10. lords fpiritual and temporal and commons, in this prefent parlia- continued for ment affembled, and by the authority of the fame, That the 11 years from 'faid act made in the third and fourth years of her prefent Ma- the expiration thereof, &c. jefty's The premium

C 4

rotted is conti

for hemp water jefty's reign, intituled, An all for encouraging the importation of naval flores from her Majesty's plantations in America, and every nued for 16 years by 8 Geo. part thereof, fhall be and is hereby continued from the time of the expiration of the fame, for and during the space and term of eleven years, and from thence to the end of the next feffion of parliament.

1. c. I. f. 1.

ftores from

ting hereto, fee

Premiums for II. And whereas there are in feveral parts of North Britain, bringing naval commonly called Scotland, great flore of pine and fir-trees, fit for Scotland, after mafts, and for the making of pitch, tar, rozin, and other naval 1 Sept. 1713. flores; but the lands and woods which may yield fuch naval flores are For the encou- moftly in parts mountainous and remote from navigable rivers, thereragement rela- fore for the encouragement of the proprietors of fuch lands and 2 Geo. 2. c. 35. Woods, in the making the roads, paffages, and rivers in those northern parts ufeful and commodious to the publick, as well as for conveying fuch naval ftores to fea ports in North Britain, to be brought by fea to that part of Great Britain called England; be it enacted by the authority aforefaid, That every person or perfons that fhall, from and after the first day of September, one thousand feven hundred and thirteen, during the remainder of the time limited for the granting premiums to the importers of naval ftores from America, by virtue of the faid act, and of this prefent act, bring from North Britain aforefaid, into any port of South Bitain aforefaid, in any fhip or fhips built in Great Britain, any trees fit for mafts, yards, or bowfprights, or any pitch, tar, rozin, or turpentine, neat and in good and merchantable condition, fhall have and receive, as a reward or premium for bringing such naval ftores from North Britain to South Britain, after and according to the several rates for fueh naval ftores, as follows; (viz.). For good and merchantable star per ton, containing eight barrels, and each barrel to gage one and thirty gallons and an half, the fum of four pounds for good and merchantable pitch per tun, each tun containing twenty grofs hundreds (neat pitch) to be brought in eight barrels, the fum of four pounds; for good and merchantable rozin or tur pentine per tun, each tun containing twenty grofs hundreds (neat rozin or turpentine) to be brought in eight barrels, the Malts, &c. 208. fum of three pounds; for all mafts, yards, and bowfprights per tun, allowing forty foot to each tun, girt measure, according to the cuftomary way of meafuring round bodies, the fum of To be paid by twenty fhillings: which feveral rewards or premiums fhall likethe officers of wife be paid and anfwered in good and lawful money of Great Britain, by the commiffioners or principal officers of her Majefty's navy, who are hereby impowered and required to make cut bill or bills to be paid in courfe for the fame, upon certificate where landed. of the refpective chief officer or officers of the cuftoms in any For further pro- port of South Britain, where fuch naval ftores fhall be imvifions concerning fuch certi- ported, as aforefaid, fuch bill or bills to be made out and given to the perfon or perfons importing the fame, as aforefaid, within twenty days after the difcharge or unlading of the fhip or veffel, fhips or veffels, in which such stores fhall be imported, upon a

Tar 41. per

tun.

Pitch 41. per

tun.

Rozin 31. per

tun.

per tun.

the navy, on certificate from the cuf

tom officers

ficate, fee

5 Geo. 1.c. 11.

1. 15. 17. and

8 Geo. 1. c. 12.

1.4.

certificate

&c. in North

certificate or certificates to be produced to the chief officer or officers of the customs where fuch stores fhall be imported; which And on certicertificate or certificates fhall be under the hands and feals of ficate from the the comptroller and collector of her Majesty's customs, and comptroller fuch naval officer as her Majefty fhall think fit to appoint, or of the customs, any two of them, refiding at any such port or ports in North Britain where Britain, as her Majefty, under the great feal of Great Britain, fuch ftores fhall think fit to appoint, where fuch naval ftores fhall be em- fhall be imbarked or fhipped, in order for importing the fame into any fuch naval barked, that port of South Britain, That before the departure of fuch. fhip stores were of or veffel, fhips or veffels, the perfons, traders or factors con- the growth of cerned or imployed in the preparing or manufacturing fuch Scotland, &c. naval stores, or any two of them, had made affidavit in writing before fuch comptroller and collector of her Majesty's customs in North Britain, and fuch naval officer as her Majesty shall think fit to appoint, or any two of them, That fuch naval ftores fo brought to fuch port of North Britain, were truly, and bona fide, of the growth and produce of North Britain aforefaid; in which affidavit the particular quantities and qualities of fuch naval ftores, together with the time when fuch naval stores were prepared and manufactured, the names of the proprietors thereof, and the place or places where the fame grew, were prepared and manufactured, shall be fully and plainly specified and contained; which affidavits the faid comptroller and collector of her Majesty's customs in North Britain, and fuch naval officer as her Majefty fhall think fit to appoint, or any two of them, are hereby impowered to take, and to adminifter fuch oath, as aforefaid, and the fame affidavits to keep in their cuftody, and in which certificate a true copy of fuch affidavit fhall be inferted; as likewife upon oath, to be made within any port in South Britain, by the mafter or mafters of fuch fhip or veffel, fhips or veffels importing fuch naval ftores, That the fame were truly laden on board fuch fhip or veffel, fhips or vessels, within North Britain, aforefaid, and that he or they know or believe that the faid naval ftores were of the growth of North Britain aforefaid.

III. Provided always, That the preemption or refufal of fuch The preempNorth British naval ftores, be offered and tendred to the com- tion to be tenmiffioners of her Majefty's navy upon landing the fame, and if dred to the commiffioners within the term of twenty days after fuch tender, the faid com- of the navy. miffioners shall not contract or bargain for the fame, It fhall and may be lawful for the importer or importers, owner or owners of the faid North British naval ftores, otherwife to dif pofe of the fame.

IV. And for the better preventing any fraudulent importation of foreign naval ftores (not being of the growth and produce of North Britain) to South Britain, in order to get the rewards or premiums hereby granted for North British naval ftores; be it enacted by the authority aforefaid, That if any perfon or perfons thall, during the continuance of the faid for

Making a falfe mer act, and of this prefent act, falfly make affidavit of, and oath, or coun- fwear to the growth of any naval stores not being of the produce terfeiting certificate, &c. to of North Britain, or fhall counterfeit any fuch affidavit or certifuffer the pe- ficate, as herein is before defcribed, in order to get any the prenalties of wil- miums hereby granted for North British naval ftores, fuch per

ful perjury,

and forfeit

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Comptroller, &c. making

falfe certifi

cate, liable to the penalties in 13 & 14

fon or perfons fhall fuffer the like pains and penalties as are incurred by persons committing wilful and corrupt perjury; and every fuch person and perfons committing fuch offences, fhall alfo forfeit the fum of one hundred pounds, one moiety thereof to the Queen's most excellent majesty, her heirs and fucceffors, and the other moiety thereof to any perfon, or persons that will fue for the fame, in any court of record of Great Britain, wherein no effoin, protection, or wager of law, or more than one imparlance fhall be allowed; and if any comptroller, collector, or naval officer, fhall make any falfe certificate contrary to the true meaning of this act, fuch comptroller, collector, or naval officer, and every of them, fo offending, fhall incur the fame pains and penalties, as any officer of any port for the like Car.z.cap. 11. offence is liable to, in making a falfe certificate for goods and merchandizes, by an act made in the thirteenth and fourteenth years of the reign of King Charles the Second, [intituled, An act for preventing frauds, and regulating abufes in his Majefty's customs.] V. And be it further enacted by the authority aforefaid, That if any mafter or owner of any thip or veffel fhall fraudulently import or receive in fuch fhip or vessel, to be imported into South Britain, any naval ftores, not being of the growth of North Britain, as naval fores of the growth of North Britain, knowing the fame to be foreign naval ftores, and shall demand, or receive for fuch foreign naval ftores, any the rewards or premiums hereby granted for North British naval ftores, fuch mafter or owner fhall forfeit the fum of one hundred pounds, to be fued for, and recovered, in like manner, as aforefaid, and the ship or veffel in which fuch foreign naval ftores fhall be fo frandulently imported, with all her guns, tackle, apparel, and furniture, fhall be forfeited to the Queen's majesty, her heirs and fucceffors.

Maiter, &c. importing fo

reign ftores, as of the growth of Scotland, to forfeit 100l. as alfo the thip, &c.

13 & 14 Car. 2.

C. 22.

CAP. X.

An alt for continuing the acts therein mentioned, for preventing theft and rapine upon the Northern borders of England.

HEREAS in the feffion of parliament holden in the thirteenth and fourteenth years of the reign of our late fovereign King Charles the Second, an act was made, intituled, An act for preventing theft and rapine upon the Northern borders of England; which was thereby to continue in force for and during the term 18 Car. 2. c. 3. of five years: and whereas another act was made in the eighteenth year of the faid late King, intituled, An act to continue a former act to prevent theft and rapine upon the Northern borders of England; both which acts were revived and continued by another a 29 & 30 Car. 2. made in the twenty-ninth and thirtieth years of the reign of the faid late King, intituled, An act for continuing two former acts, for preventing of theft and rapine upon the Northern borders of

C. 2.

England,

England, for and during the space and term of feven years, and alfo from thence until the end of the first feffion of the then next parliament; which three aforementioned acts, by an act made in the first year of the reign of King James the Second, intituled, An act for continuance of three former acts, for preventing of theft and rapine upon the Northern borders of England, were continued for 1 Jac. 2. c. 14. and during the fpace and term of eleven years, and from thence unto the end of the first feffion of the then next parliament; and were further continued by an act made in the feventh and eighth years of the reign of the late King William the Third, intituled, An act to con- 7 & 8 W 3. tinue four former acts for preventing theft and rapine upon the C. 17. Northern borders of England, for and during the space and term of five years, and from thence unto the end of the first feffion of the next parliament; all which acts and every of them, by an act made

in the twelfth and thirteenth years of the faid late King William, in- 12 & 13 W. 3, tituled, An act for continuing the acts therein mentioned, for c. 6. preventing theft and rapine upon the Northern borders of England; and all and every matter, clause and claufes therein contained, and all and every the powers and authorities thereby given, were enafted to continue and be in full force from and after the expiration of the therein laft mentioned aft, for and during the space and term of eleven years, and from thence to the end of the first feffion of the next parliament and it was alfo by the last herein mentioned act provided and enacted, That the faid acts fhall be accepted, taken and reputed to be general and publick acts of parliament, of which all and every the judge and judges of this kingdom, in all courts, Jhall take notice on all occafions whatsoever, as if they were publick acts of parliament relating to the whole kingdom: all which acts have been found necessary for the prefervation of thofe places from that great number of lewd and diforderly perfons that ufually frequented and infefted thofe parts, and are now near expiring; be it therefore enacted by the Queen'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 all the faid acts, and every of them, and all and every matter, clause and claufes in them or any of them contained, and all and every the powers and authorities thereby given, thall continue and be in full force from and after the expiration of the faid act, made in the twelfth and thirteenth years of the faid late King William, for and during the space and term of eleven years, and from thence to the end of the firft feffion of the next parliament, and no longer. Farther continued by 24 Geo. 2. c. 57. to x Sept. 1757. See 6 Geo. 2. c. 37.

CAP.

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