by an Officer or Officers; and in cafe the Commander of any fuch Commander Ship or Veffel fhall unlade or break Bulk, before fuch Notice offending. given, and fuch Certificate produced, and fuch Oath made by such Commander, or before fuch Search made as aforefaid, or if upon fuch Search any Goods whatsoever of Woollen Manufacture, not laden in England (neceflary Apparel of the Commander and Mariners only excepted) or any Linen Goods not laden in England, nor of the Manufacture of Ireland, fhall be found in fuch Ship or Veffel; in all or any of the faid Cafes, fuch Ship or Veffel fhall Penalty. be, and is hereby adjudged forfeited, with all her Guns, Tackle, Ammunition and Furniture, together with all fuch Goods and Commodities, of what Kind foever, as fhall be imported or found in fuch Ship; one third Part to Her Majefty, Her Heirs and Succeffors, one third Part to the Governor of fuch Land, Island, Plantation, Colony, Territory or Place into which fuch Goods fhall be imported, if the faid Ship, Veffel or Goods be there feized, informed against, or fued for (or otherwife that third Part alfo to Her Majefty, Her Heirs and Succeffers) and the other third Part to him or them who shall fue for the fame in Her Majefty's Court, in fuch of the faid Lands, Islands, Colonies, Plantations, Territories or Places, where the Offence fhall be committed, or in any of Her Majefty's Courts at Weftminfler, by Bill, Plaint, Information or other Action, wherein no Effoin, Protection or Wager of Law fhall be allowed.

III. And be it further enacted, That all Ships coming from Ships coming Ireland to any fuch Land, Ifland, Colony, Plantation, Territory from Ireland. or Place, fhall be subject to the fame Rules, Vifitations, Searches, Penalties and Forfeitures, to which Ships coming from England

to any of the faid Colonies, Plantations or Places are subject or kable by any Law now in Force.

into Ireland.

IV. And for the preventing of Frauds, that may be com- On importing 'mitted by exporting from Ireland Linen of the Manufacture Scotch Linen of the Kingdom of Scotland, and for the effectual restraining the Importation of all fuch Linen into Ireland: Be it enacted by the Authority aforefaid, That all and every Person and Perfons, who fhall, from and after the five and twentieth Day of March, One thousand seven hundred and five, import or caufe to be imported into the Kingdom of Ireland, any Linen whatsoever, Penalty. of the Manufacture of Scotland, fhall forfeit the Sum of twenty Shillings for every Yard of Scotch Linen fo imported, together

with the faid Linen.

V. And be it further enacted, That in cafe any fuch Linen, May be feized, fo prohibited to be imported into Ireland, fhall after the faid five and Importers and twentieth Day of March, be found any where within the faid profecuted. Kingdom, the fame, or any Part thereof, fhall and may be feized, and the Importers thereof profecuted by any Perfon whatsoever; and that all Linen of the Manufacture of Scotland, which shall be feized by virtue of this Act, fhall be carried to the next Custom Houfe in the Kingdom of Ireland, and shall not thence be delivered, unless in Order to be produced at a Trial, or unless the fante be otherwife discharged by due Course of Law: And in After Condemcafe the Goods fo feized, or any Part thereof, fhall be condemned, nation to be told the fame fhall be fold publickly by Inch of Candle, whereof by Inch of Candle, &c. Notice in Writing, by a Paper affixed at the Door of such Custom House, thall be given at least twenty Days before the

Ii 4

faid

Bond for exporting.

faid Sale; and the Goods fo fold fhall not be delivered to the Buyer or Buyers thereof, until he, fhe or they have entred into Bonds, with two fufficient Sureties, to the Queen's Majetty, Her Heirs and Succeffors, in double the Value of the faid Goods, with Condition to export the fame, and every Part thereof, within three Months after the Date of the faid Obligation, out of the Kingdom of Ireland, and not to import the fame, or any Part thereof, into any of Her Majefty's Colonies, Plantations or DoHow Bond fhall minions in Afia, Africa or America: Which faid Obligation fhall be vacated upon Certificate of the Chief Officer of the Port, from whence the faid Goods fhall be exported, of the Exportation thereof, and upon Oath made by the Exporter, That all and every Part of the faid Goods were exported pursuant to this Act, and that no Part thereof hath been landed in any of Her Majelly's Colonies, Plantations or Dominions in Afia, Africa or America; Not exporting. and in cafe the faid Goods fhall not be exported accordingly, the

be vacated.

Penalty.

Officer conniving at Importation

of Scotch Linen.

Penalty.

Forfeitures,

where recover

able.

General Iffue.

Double Cofts. Commencement of Suits.

Provifo concern.

Perfon or Perfons in whofe Cuftody the faid Goods, or any Part thereof, shall be found, fhall be again liable to all the Penalties and Forfeitures by this Act impofed, as if the fame had never been feized.

VI. And be it further enacted, That all Officers belonging to the Cuftoms in the faid Kingdom of Ireland, fhall be aiding and affifting in the effectual Execution of this Act; and that if any fuch Officer fhall knowingly connive at the Importation of any Scotch Linen, contrary to the true Meaning of this Act, fuch Officer fhall forfeit and lofe the Sum of one hundred Pounds, and be for ever incapable of ferving Her Majefty, Her Heirs and Succeffors, in any Office whatfoever.

VII. And be it enacted, That all and every the Penalties and Forfeitures impofed by this Act, for importing Scotch Linen into the Kingdom of Ireland, shall and may be fued for and recovered in any of Her Majefty's Courts of Record at Weftminfier or Dublin, by Action of Debt, Bill, Plaint or Information, wherein no Effoin, Privilege, Protection or Wager of Law, fhall be allowed, nor any more than one Impariance; one Moiety of the faid Penalties and Forfeitures to be to Her Majefty, Her Heirs and Succeffors, and the other Moiety to him, her or them that will fue for the fame. [See as to Section 4-7 inclufive, 5 Ann. c. 8.]

VIII. And it is hereby further enacted, That if any Person or Perfons be fued, molefted or profecuted for or by reafon of any Seizure made in pursuance of this Act, fuch Perfon and Perfons may plead the General Iffue, and give this Act, and the Special Matter in Evidence; and if afterwards a Verdict fhall pafs for the Defendant or Defendants, or if the Plaintiff fhall difcontinue his Action, or be nonfuited, or if Judgment be given against him, then fuch Defendant or Defendants fhall have Double Cofts.

IX. Provided always, That all Informations, Actions and Suits to be brought for any Offence againt this Act, fhall be brought and commenced within twelve Months after the Discovery of fuch Offence.

X. Provided alfo, and be it enacted, That if any Ship or Veffel, ing English. Ships. being laden with Goods in England, Wales or Berwick upon Tweed, for any of the Plantations aforefaid, fhall put into any Port or Place in Ireland, and fhall there take in any white or brown 8

Irijb

Irish Linen Cloth, in that Cafe, the like Certificate and Oaths fhall be made, that the faid Linen Cloth is of the Manufacture of Ireland, as is before directed by this Act; And if, upon the Arrival of fuch Ship or Veffel in any of the faid Plantations, fuch Certificate be produced, and Oaths made as aforefaid, fuch Certificate. Ship or Veffel, her Master or Commander, and Lading, fhall be fubje and liable to fuch Rules, Vifitations, Searches, Penalties and Forfeitures, as they respectively were fubject and liable to by virtue of the Laws which were in Force before the paffing of this Act, and no other; any thing in this A&t to the contrary notwithstanding.

XI. Provided, That this hall continue only for the Term of eleven Years. [See Note at the End of Section 1, but the

Ad feems to be now expired.]

CA P. IX.

An Act for giving like Remedy upon Promiffory Notes, as is now ufed upon Bills of Exchange; and for the better Payment of Inland Bills of Exchange.

".

HEREAS it hath been held, That Notes in Writing,

figned by the Party who makes the fame, whereby fuch Party promifes to pay unto any other Perfon, or his Order, any Sum of Money therein mentioned, are not affignable or indorfable over, within the Cuftom of Merchants, to any other Perfon; and that fuch Perfon to whom the Sum of Money • mentioned in fuch Note is payable, cannot maintain an Action, by the Cuftom of Merchants, against the Person who first made and figned the fame; and that any Perfon to whom fuch Note fhould be affigned, indorfed or made payable, could not, within the faid Custom of Merchants, maintain any Action upon fuch Note against the Person who firft drew and figned the fame :' Therefore, to the Intent to encourage Trade and Commerce, which will be much advanced, if fuch Notes fhall have the fame Effect as Inland Bills of Exchange, and fhall be negociated in like Manner; be it enacted by the Queen's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That all Notes in Writing, Promiffory that after the first Day of May in the Year of our Lord One Notes may he thoufand seven hundred and five, shall be made and figned by any dorted, and Perfon or Perfons, Body Politick or Corporate, or by the Servant Action mainor Agent of any Corporation, Banker, Goldfmith, Merchant or tained thereon, Trader, who is ufually intrufted by him, her or them, to fign as on Inland Bills fuch Promiffory Notes for him, her or them, whereby fuch Perfon of Exchange. or Perfons, Body Politick and Corporate, his, her or their Servant or Agent as aforefaid, doth or fhall promife to pay to any other Perfon or Perfons, Body Politick and Corporate, his, her or their Order, or unto Bearer, any Sum of Money mentioned in fuch Note, fhall be taken and conftrued to be, by virtue thereof, due and payable to any fuch Perfon or Perfons, Body Politick and Corporate, to whom the fame is made payable; and also every fuch Note payable to any Perfon or Perfons, Body Politick and Corporate, his, her or their Order, shall be affignable or indorfible over, in the fame Manner as Inland Bills of Exchange are or may

affigned or in

be,

Cofs.

How A&ion

be, according to the Cuftom of Merchants; and that the Perfon or Perfons, Body Politick and Corporate, to whom fuch Sum of Money is or fhall be by fuch Note made payable, fhall and may maintain an Action for the fame, in fuch Manner as he, the or they might do, upon any Inland Bill of Exchange, made or drawn according to the Cuftom of Merchants, against the Perfon or Perfons, Body Politick and Corporate, who or whose Servant or Agent as aforefaid, figned the fame; and that any Perfon or Perfons, Body Politick and Corporate, to whom fuch Note that is payable to any Perfon or Perfons, Body Politick and Corporate, his, her or their Order, is indorfed or affigned, or the Money therein mentioned ordered to be paid by Indorfement thereon, fhall and may maintain his, her or their Action for fuch Sum of Money, either against the Perfon or Perfons, Body Politick and Corporate, who or whofe Servant or Agent as aforefaid, figned fuch Note, or againft any of the Perfons that indorfed the fame, in like Manner as in Cafes of Inland Bills of Exchange: And in every such Action the Plaintiff or Plaintiffs fhall recover his, her or their Damages and Cofts of Suit; and if fuch Plaintiff or Plaintiffs fhall be nonfuited, or a Verdict be given against him, her or them, the Defendant or Defendants fhall recover his, her or their Cofts against the Plaintiff or Plaintiffs; and every fuch Plaintiff or Plaintiffs, Defendant or Defendants, refpectively recovering, may fue out Execution for fuch Damages and Cofts by Capias, Fieri facias or Elegit.

II. And be it further enacted by the Authority aforefaid, fhall be brought. That all and every fuch Actions fhall be commenced, fued and brought within fuch Time as is appointed for commencing or fuing Actions upon the Cafe, by the Statute made in the one and twentieth Year of the Reign of King James the Firft, intituled, 21 Jac. 1. c. 16. An Act for Limitation of Actions, and for avoiding of Suits in Law.

III. Provided, That no Body Politick or Corporate shall have Power, by virtue of this Act, to iffue or give out any Notes, by themselves or their Servants, other than fuch as they might have iffued, if this Act had never been made.

6

IV. And whereas by an Act of Parliament made in the ninth Year of the Reign of His late Majefty King William the • Third, intituled, An Ad for the better Payment of Inland Bills of Exchange, it is among other Things enacted, That from and after Prefentation and Acceptance of the faid Bill or Bills of Exchange (which Acceptance fhall be by the Underwriting the fame under the Party's Hand fo accepting) and after the Expiration of three Days after the faid Bill or Bills fhall become due, the Party to whom the faid Bill or Bills are made payable, his Servant, Agent or Affigns, may and fhall caufe the fame Bill or Bills to be protefted in Manner as in the faid Act is enacted: And whereas by there being no Provision made therein for protefting fuch Bill or Bills, in cafe the Party, on whom the fame are or fhall be drawn, refuse to accept the fame, by underwriting the fame under his Hand, all Merchants and others do refuse to underwrite fuch Bill or Bills, or make any other than a promiffory Acceptance, by which Means the Effect and good Intent of the faid Act in that Behalf is wholly evaded, and no • Bill or Bills can be protefted before or for Want of fuch Acceptance by underwriting the fame as aforefaid: For Remedy

whereof,

whereof, be it enacted by the Authority aforefaid, That from and Refufing to unafter the firft Day of May which fhall be in the Year of our Lord derwrite Bill of One thousand feven hundred and five, in cafe, upon presenting Exchange, Bill may be proof any fuch Bill or Bills of Exchange, the Party or Parties on tefted. whom the fame fhall be drawn, fhall refufe to accept the fame, by underwriting the fame as aforefaid, the Party to whom the faid Bill or Bills are made payable, his Servant, Agent or Affigns, may and shall caufe the faid Bill or Bills to be protefted for Nonacceptance, as in cafe of foreign Bills of Exchange; any Thing in the faid Act, or any other Law to the contrary notwithstanding: For which Proteft there fhall be paid two Shillings, and no

more.

V. Provided always, That from and after the faid firft Day In what Cafe of May no Acceptance of any fuch Inland Bill of Exchange only Acceptance of Inland Bills.of fhall be fufficient to charge any Perfon whatsoever, unless the fame Exchange to be be underwritten or indorfed in Writing thereupon; and if fuch fufficient. Bill be not accepted by fuch Underwriting or Indorsement in Writing, no Drawer of any fuch Inland Bill fhall be liable to pay any Cofts, Damages or Intereft thereupon, unless fuch Proteft be made for Non acceptance thereof, and within fourteen Days after fuch Proteft, the fame be fent, or otherwife Notice thereof be given to the Party from whom fuch Bill was received, or left in Writing at the Place of his or her ufual Abode; and if fuch Bill be accepted, and not paid before the Expiration of three Days after the faid Bill fhall become due and payable, then no Drawer of fuch Bill fhall be compellable to pay any Cofts, Damages or Intereft thereupon, unless a Proteft be made and fent, or Notice thereof be given, in Manner and Form above mentioned: Nevertheless, every Drawer of fuch Bill fhall be liable to make Payment of Cofts, Damages and Intereit upon fuch Inland Bill, if any one Proteft be made of Non-acceptance or Non-payment thereof, and Notice thereof be fent, given or left as aforefaid.

VI. Provided, That no fuch Protest shall be neceffary, either Provifo for for Non-acceptance or Non-payment of any Inland Bill of Ex- Proteft. change, unless the Value be acknowledged and expreffed in fuch Bill to be received, and unless such Bill be drawn for the Payment of twenty Pounds Sterling or upwards; and that the Proteft, hereby required for Non-acceptance, fhall be made by fuch Perfons as are appointed by the faid recited Act to proteft Inland Bills of Exchange for Non-payment thereof.

VII. And be it further enacted, That from and after the said If Proteft not first Day of May, if any Perfon doth accept any fuch Bill of made. Exchange for and in Satisfaction of any former Debt, or Sum of Money formerly due unto him, the fame fhall be accounted and efteemed a full and compleat Payment of fuch Debt, if fuch Perfon, accepting of any fuch Bill for his Debt, doth not take his due Courfe to obtain Payment thereof, by endeavouring to get the fame accepted and paid, and make his Proteft as aforefaid, either for Non-acceptance or Non-payment thereof.

VIII. Provided, That nothing herein contained fhall extend Provifo. to discharge any Remedy, that any Perfon may have against the

Drawer, Acceptor or Indorfer of fuch Bill.

IX. And be it further enacted by the Authority aforefaid, Continuance of

That this Act fhall continue and be in Force for the Space of Act.

three