Plantation Trade Act 1695

JurisdictionUK Non-devolved
Citation1695 c. 22
Anno Regni G U L I E L M I III. septimo & octavo. An Act for preventing Frauds, and regulating Abuses in the Plantation Trade.

(7 & 8 Will. 3) C A P. XXII.

'WHEREAS notwithstanding divers Acts made for the Encouragement of the Navigation of this Kingdom, and for the better securing and regulating the Plantation Trade, more especially one Actof Parliament made in the twelfth Year of the Reign of the late KingCharles the Second, intituled, , another Act made in the fifteenth Year of the Reign of his said late Majesty, intituled,An Act for the Encouragement of Trade , another Act made in the two and twentieth and three and twentieth Years of his said late Majesty's Reign, intituled, England,and for regulating the Plantation Trade , another Act made in the twenty-fifth Year of the Reign of his said late Majesty, intituled, Greenlandand Eastland Trades, and for the better securing the Plantation Trades , great Abuses are daily committed, to the Prejudice of theEnglish Navigation, and the Loss of a great Part of the Plantation Trade to this Kingdom, by the Artifice and Cunning of ill-disposed Persons:' For remedy whereof for the future,

S-II Goods not to be imported or exported to or from the Plantations, but in Ships built in England, Ireland, or in the Plantations.

II Goods not to be imported or exported to or from the Plantations, but in Ships built in England, Ireland, or in the Plantations.

II. Be it enacted, and it is hereby enacted and ordained by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by the Authority of the same, That after the five and twentieth Day ofMarch one thousand six hundred ninety-eight, no Goods or Merchandizes whatsoever shall be imported into, or exported out of, any Colony or Plantation to his Majesty, in Asia, Africa or America , belonging, or in his possession, or which may hereafter belong unto, or be in the Possession of his Majesty, his Heirs or Successors, or shall be laden in, or carried from any one Port or Place in the said Colonies or Plantations to any other Port or Place in the same, the Kingdom of England , Dominion of Wales , or Town of Berwick upon Tweed , in any Ship or Bottom, but what is or shall be of the Built of England , or of the Built of Ireland , or the said Colonies or Plantations, and wholly owned by the People thereof, or any of them, and navigated with the Masters and three fourths of the Marinersof the said Places only (except such Ships only as are or shall be taken as Prize, and Condemnation thereof made in one of the Courts of Admiralty inEngland, Ireland , or the said Colonies or Plantations, to be navigated by the Master and three Fourths of the Mariners English , or of the said Plantations as aforesaid, and whereof the Property doth belong to English Men; and also except for the Space of three Years, such foreign-built Ships as shall be employed by the Commissioners of his Majesty's Navy for the time being, or upon Contract with them, in bringing only Masts, Timber and other naval Stores for the King's Service from his Majesty's Colonies or Plantations to this Kingdom, to be navigated as aforesaid, and whereof the Property doth belong to English Men) under pain of Forfeiture of Shipand Goods; one third Part whereof to be to the Use of his Majesty, his Heirs and Successors, one third Part to the Governor of the said Colonies or Plantations, and the other third Part to the Person who shall inform and sue for the same, by Bill, Plaint or Information, in any of his Majesty's Courts of Record atWestminster , or in any Court in his Majesty's Plantations, where such Offence shall be committed.

S-III Goods may be imported and exported in Prize Ships, the Master and 3 fourths of the Marines being English.

III Goods may be imported and exported in Prize Ships, the Master and 3 fourths of the Marines being English.

III. And be it further enacted by the Authority aforesaid, That (from and after the said five and twentieth Day ofMarch ) Goods or Merchandizes may be exported or imported to and from this Kingdom, the Colonies, Plantations and Places aforesaid, in any such Ships as are or shall be taken as Prize, and whereof Condemnation shall be made in one of the Courts of Admiralty aforesaid, and shall be navigated as aforesaid, by the Master, three Fourths of the Mariners English , and whereof the Property shall belong to English Men, and also Masts, Timber, and other naval Stores for his Majesty's Service, for the Space of three Years, may be imported from his Majesty's Colonies or Plantations to this Kingdom, in such foreign-built Ships as shall be employed by the Commissioners of the Navy for the time being, or by Contract with them; any Law or Statute to the contrary notwithstanding.

S-IV Car. 2. c. 18.

IV Car. 2. c. 18.

'IV. And whereas by one Clause in the said Act passed in the twelfth Year of the Reign of the late KingCharles the Second, intituled, An Act for the encouraging and increasing of Shipping and Navigation , all Governors of his Majesty's Colonies or Plantations in Asia, Africa or America , are required to take a solemn Oath to do their utmost that every the Clauses therein before mentioned, and all the Matters and Things therein contained, shall be punctually and bona fide observed according to the true Intent and Meaningthereof, so that the said Governors are not strictly obliged by that Oath to put in execution the subsequent Clausesof the said Act, although some of the Clauses following are of great Importance, and tend greatly to the Security of the Plantation Trade: And whereas divers other good Laws have been made for the better regulating and securing the PlantationTrade since the said last mentioned Act;' Be it further enacted by the Authority aforesaid, That all the present Governors and Commanders in Chief of anyEnglish Colonies or Plantations, shall, before the five and twentieth Day of March one thousand six hundred ninety-seven, and all who hereafter shall be made Governors or Commanders in Chief of the said Colonies or Plantations, or any of them, before their Entrance into their Government, shall take a solemn Oath to do their utmost, that all the Clauses, Matters and Things, contained in the before recited Acts of Parliament heretofore passed, and now in force, relating to the said Colonies and Plantations, and that all and every the Clausescontained in this present Act, be punctually andbona fide observed, according to the true Intent and Meaning thereof (which Oath shall be taken before such Person or Persons as shall be appointed by his Majesty, his Heirs and Successors, who are hereby authorized to administer the same) so far as appertains unto the said Governors or Commanders in Chief respectively; and upon Complaintand Proof made before his Majesty, his Heirs and Successors, or such as shall be by him or them thereunto authorized and appointed, by the Oath of two or more credible Witnesses, that any the said Governors or Commanders in Chief have neglected to take the said Oath at the Times aforesaid, or have been wittingly or willingly negligent in doing their Duty accordingly, the said Governor so neglecting or offending shall be removed from his Government, and forfeit the Sum of one thousand Pounds Sterling.

S-V Car. 2. c. 7.

V Car. 2. c. 7.

'V. And whereas by the said Act of the fifteenth of King Charles the Second, intituled,An Act for the Encouragement of Trade , the Governors of the Plantations are impowered to appoint an Officer for the Performanceof certain Things in the said Act mentioned, which said Officer is there commonly known by the Name of theNaval Officer: And whereas through the Connivance or Negligence of the Persons so appointed by the Governors of the said Plantations, divers Frauds and Abuses are or have been committed;' Be it therefore enacted by the Authority aforesaid, That all and every the said Officers already appointed shall, within two Months after Notice of this Act in the respective Plantations, or as soon as conveniently it may be, give Security to the Commissioners of the Customs in England for the time being, or such as shall be appointed by them, for his Majesty's Use for the true and faithful Performance of their Duty; and all and every Person or Persons, who shall hereafter be appointed to the said Office or Employment, shall within two Months, or as soon as conveniently it may be, after his or their Entrance upon the said Office or Employment, give sufficient Security to the Commissioners of the Customs as aforesaid, for his Majesty's Use, for the true and faithful Performance of his or their Duty; and in default thereof, the Person or Persons neglecting or refusing to give such Security, shall be disabled to execute the said Office or Employment; and until such Security given, and the Person appointed to the said Office or Employment be approved by the Commissioners of the Customsas aforesaid, the respective Governor or Governors shall be answerable for any the Offences, Neglects or Misdemeanors, of the Person or Persons so by him or them appointed.

S-VI Ships coming into, or going out of, the Plantations, liable to the same Rules, &c. as Ships in England, by 14 Car. 2. c. 11. And Officers of the Revenue there to have the same Powers as Officers of the Customs in England.

VI Ships coming into, or going out of, the Plantations, liable to the same Rules, &c. as Ships in England, by 14 Car. 2. c. 11. And Officers...

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