Anno regni Gulielmi III. regis. Angliae, Scotiae, Franciae & Hiberniae, septimo & octavo. At the Parliament begun at Westminster the two and twentieth day of November, anno Dom. 1695. In the seventh year of the reign of our sovereign Lord William the Third, by the grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c.

An Act for Preventing Frauds, and Regulating Abuses in the Plantation Trade.

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 Act of Parliament made in the Twelfth Year of the Reign of the late King Charles the Second, Intituled, An Act for Increasing of Shipping, and Navigation, another Act made in the Fifteenth Year of the Reign of His said late Majesty, Intituled, An Act for the Incouragement of Trade, another Act made in the Two and twentieth and Three and twentieth years of His said late Majesties Reign, Intituled, An Act to prevent the Planting of Tobacco in England, and for Regulating the Plantation Trade, another Act made in the Twenty fifth year of the Reign of His said late Majesty, Intituled, An Act for the Incouragement of the Greenland and Eastland Trades, and for the better Securing the Plantation Trades, great Abuses are dayly committed to the prejudice of the English Navigation, and the loss of a great part of the Plantation Trade to this Kingdom, by the Artifice and Conning of ill disposed Persons.

For Remedy thereof for the future, Be it Enacted, and it is hereby Enacted and Ordained by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, all Commons in Parliament Assembled, and by the Authority of the same, That after the five and twentieth Day of March, 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 〈◊〉 , 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 〈…〉 , or any of them, and Navigated with the Masters, and Three Fourths of the Marinas of the said Places only (except such Ships only as are or shall be taken Prize, and Condemnation thereof, made in one of the Courts of Admiralty in England, 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 Forreign Built Ships as shall be Employed by the Commissioners of His Majesties Navy, for the time being, or upon Contract with them, in bringing only Masts, Timber, and other Naval Stores for the Kings Service, from His Majesties 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 Ship and Goods, one third part whereof to be to the use of His Majesty, His Heirs and Successors, one third part to the Governour 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 Majesties Courts of Record at Westminster, or in any Court in His Majesties Plantations, where such Offence shall be committed.

And be it further Enacted by the Authority aforesaid, That (from & after the said Five and twentieth Day of March) 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 Store for His Majesties Service, for the space of Three years, may be Imported from His Majesties Colonies or Plantations to this Kingdom, in such Foreign Built Ships as shall be Imployed by the Commissioners of the Navy for the time being, or by Contract with them, any Law or Statute to the contrary notwithstanding.

And whereas by One Clause in the said Act, passed in the Twelfth Year of the Reign of the late King Charles the Second, Entituled, An Act for the Encouraging and Increasing of Shipping and Navigation, all Governours of His Majesties 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 meaning thereof, so that the said Governours are not strictly obliged by that Oath to put in Execution the subsequent Clauses of 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 Plantation Trade since the said last mentioned Act, Be it further Enacted by the Authority aforesaid, That all the present Governours or Commanders in Chief, of any English Colonies or Plantations, shall before the Five and twentieth Day of March, One thousand six hundred ninety seven,Governours of Plantations to be Sworn. and all who hereafter shall be made Governours 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 Clauses contained in this present Act, be punctually and bona 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 & Successors, who are hereby Authorized to Administer the same) so far as Appertains unto the said Governours or Commanders in Chief,Penalty for neglect of taking their Oath, or of duty accordingly. respectively; and upon Complaint and 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 Governours 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 Governour so neglecting or offending, shall be removed from his Government, and forfeit the Sum of One thousand Pounds Sterling.

And whereas by the said Act of the Fifteenth of King Charles the Second, Intituled, An Act for the Encouragement of Trade, the Governours of the Plantations are Impowered to Appoint an Officer for the performance of certain things in the said Act mentioned, which said Officer is there commonly known by the Name of the Naval Officer; And whereas through the Connivance or Negligence of the Persons so Appointed by the Governours of the said Plantations, divers Frauds and Abuses are or have been Committed, Be it therefore Enacted by the Authority aforesaid,Naval Officer to give Security. That all and every the 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 Majesties 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 Majesties 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,Penalty for neglect. be approved by the Commissioners of the Customs as aforesaid, the respective Governour or Governours, shall be answerable for any the Offences, Neglects or Misdemeanors of the Person or Persons so by him or them appointed.

And for the more effectual preventing of Frauds and regulating Abuses in the Plantation Trade in America, Be it further Enacted by the Authority aforesaid. That all Ships coming into, or going out of any of the said Plantations, and Lading or Unlading any Goods or Commodities, whether the same be His Majesties Ships of War or Merchants Ships, and the Masters and Commanders thereof, and their Ladings, shall be subject and liable to the same Rules, Visitations, Searches, Penalties and Forfeitures, as to the Entring, Lading, or Discharging their respective Ships and Ladings, as Ships and their Ladings, and the Commanders, and Masters of Ships are subject and liable unto in this Kingdom, by Virtue of an Act of Parliament made in the Fourteenth Year of the Reign of King Charles the Second, Intituled, An Act for Preventing Frauds, and Regulating Abuses in His Majesties Customs; And that the Officers for Collecting and Managing His Majesties Revenue, and Inspecting the Plantation Trade in any of the said Plantations,Officers power to visit and Search Ships & to enter Houses &c. shall have the same Powers and Authorities, for Visiting and Searching of Ships, and taking their Entries, and for Seizing and Securing, or Bringing on Shoar any of the Goods Prohibited to be Imported or Exported into, or out of any the said Plantations, or for which any Duties are payable, or ought to have been paid by any of the before mentioned Acts, as are Provided for the Officers of the Customs in England by the said last mentioned Act, made in the Fourteenth Year of the Reign of King Charles the Second, and also to Enter Houses or Ware houses, to Search for, and Seize any such Goods; And that all the Wharfingers and Owners of Keys and Wharfs, or any Lightermen, Bargemen, Watermen, Porters, or other Persons assisting in the Conveyance, Concealment, or Rescue of any of the said Goods, or in the Hindring or Resistance of any of the said Officers in the performance of their Duty,Penalty for any that shall resist &c and the Boats, Barges, Lighters or other Vessels Imployed in the Conveyance of such Goods, shall be subject to the like Pains and Penalties as are provided by the same Act made in the Fourteenth Year of the Reign of King Charles the Second, in Relation to Prohibited or Uncustomed Goods in this Kingdom; And that the like Assistance shall be given to the said Officers in the Execution of their Office, as by the said last mentioned Act is provided for the Officers in England; And also, That the said Officers shall be subject to the same Penalties and Forfeitures,Penalty for corruption in Officers for any Corruptions, Frauds, Connivances or Concealments, in violation of any the before mentioned Laws, as any Officers of the Customs in England are liable to, by Virtue of the said last mentioned Act, And also that in Case any Officer or Officers in the Plantations shall be Sued or Molested for any thing done in the Execution of their Office, the said Officer shall and may plead the General Issue, and shall give this or other Custom Acts in Evidence, and the Judge to allow thereof, have and enjoy the like Priviledges and Advantages, as are allowed by Law to the Officers of His Majesties Customs in England.

And it is hereby further Enacted, That all the Penalties and Forfeitures before mentioned, not in this Act particularly disposed of, shall be One third Part to the Use of His Majesty, His Heirs and Successors, and One third Part to the Governour of the Colony or Plantation where the Offence shall be Committed,Forfeiturs how to be disposed. and the other Third Part to such Person or Persons as shall Sue for the same, to be Recovered in any of His Majesties Courts at Westminster, or in the Kingdom of Ireland, or in the Court of Admiralty, held in His Majesties Plantations respectively, where such Offence shall be Committed, at the Pleasure of the Officer or Informer, or in any other Plantation belonging to any Subject of England, wherein no Essoign, Protection or Wager of Law shall be Allowed; And that where any Question shall arise concerning the Importation or Exportation of any Goods into or out of the said Plantations, in such Case the Proof shall lie upon the Owner or Claimer, and the Claimer shall be Reputed the Importer or Owner thereof.

And whereas in some of His Majesties American Plantations, a Doubt or Misconstruction has arisen upon the before mentioned Act, made in the Five and twentieth Year of the Reign of King Charles the Second, whereby certain Duties are Laid upon the Commodities therein Enumerated which by Law may be Transported from one Plantation to another for the Supply of each others Wants) as if the same were by the Payment of those Duties in one Plantation, Discharged from giving the Securities intended by the aforesaid Acts, made in the Twelfth, two and twentieth, and Three and twentieth Years of the Reign of King Charles the Second, and consequently be at liberty to go to any Foreign 〈…〉 England, Wales or Berwick. Security to be given for Goods Re ••• pt notwithstanding the Duties be paid in any of the Plantations. It is hereby 〈…〉 the aforesaid Duties 〈…〉 Ships or Laden on 〈…〉 Required by the said Act made in the Twelfth, Two and twentieth and Three and twentieth year of the Reign of King Charles the Second, to carry the same to England, Wales or Berwick, or to some other of His Majesties Plantations, and so toties quoties as any of the said Goods shall be brought to be Reshipt or Laden in any of the said Plantations, under the Penalty and Forfeiture of Ship and Goods, to be divided and disposed of, as aforesaid.

And it is further Enacted and Declared by the Authority aforesaid, That all Laws, By Laws, Usages or Customs, at this time,By Laws, &c. in the Plantations repugnant to Acts of Parliament void. or which hereafter shall be in practice, or endeavoured, or pretended to be in force or practice in any of the said Plantations, which are in any wise repugnant to the before mentioned Laws, or any of them, so far as they do relate to the said Plantations, or any of them, or which are any ways repugnant to this present Act, or to any other Law hereafter to be made in this Kingdom, so far as such Law shall relate to, and mention the said Plantations, are illegal, null and void, to all intents and purposes whatsoever.

And whereas great Frauds and Abuses have been committed by Scotch Men, and others, in the Plantation Trade, by obtruding False and Counterfeit Certificates upon the Governour and Officers in the Plantations, appointed by His Majesties Commissioners of the Customs in England, of having given Security in this Kingdom, to bring the Ladings of Plantation Goods to England, Wales, or Town of Berwick upon Tweed, as also Certificates of having discharged their Lading of Plantation Goods in this Kingdom, pursuant to 〈◊〉 taken in the Plantation, and also Cockets or Certificates of having taken in their Ladings of European Goods in England, Wales or Berwick, by means whereof they may carry the Goods of Scotland, and other Places of Europe, without Shipping or Lading the same in England, Wales or Berwick, to His Majesties Plantations, and also carry the Goods of the Plantations directly to Scotland, or to any Market in Europe, Security to be given in case of Suspition that Certificates are false or Counterfeit. without bringing the same into England, Wales, or Town of Berwick upon Tweed: It is hereby further Enacted, That in such Cases where the Governour or Officers appointed by the Commissioners of the Customs in the Plantations shall have reasonable ground of Suspition, that such Certificates are False or Counterfeit (that is to say) that the Certificate of having given Security in England is false, in such case the Governour or Officers Appointed by the Commissioners of the Customs shall require, and take sufficient Security there for the Discharge of the Plantation Lading in England, Wales, or Town of Berwick upon Tweed; And in such Case where there shall be Cause to suspect that the Certificates of having dicharged her Lading of Plantation Goods in this Kingdom is false or Counterfeit, the Governour or Officers aforesaid,Penalty for Counterfeiting, &c of Cockets, &c or making use of such shall not Cancel or Vacate the Security given in the Plantation, until he or they shall be informed from the Commissioners of the Customs in England, that the Matter of the said Certificate is true; And if any Person or Persons shall Counterfeit, Rase, or Falsify any Cocke • , Certificate, Return, or Permit, for any Vessel of Goods, or shall knowingly or willingly make use thereof, such Person or Persons shall forfeit the Sum of Five hundred Pounds, to be recovered and disposed of, as aforesaid, and the Cocket, Certificate, Return or Permit, so Counterfeited, Rased, or Falsified, shall be Invalid, and of no Effect.

And for the better Executing the several Acts of Parliament relating to the Plantation Trade,Lord Treasurer &c. to appoint Officers of the Customs. Be it Enacted by the Authority aforesaid, That the Lord Treasurer, Commissioners of the Treasury, and the Commissioners of the Customs in England for the time being, shall and may Constitute and Appoint such and so many Officers of the Customs in any City, Town, River, Port, Harbour or Creek of or belonging to any of the Islands, Tracts of Land and Proprieties, when, and as often as to them shall seem needful:Jurors to be Natives of England or Ireland or born in the Plantations. Offences may be laid to be in any Colony, &c. Be it further also Enacted, That upon any Actions, Suits and Information that shall be Brought, Commenced or Enacted in the said Plantations, upon any Law or Statute concerning His Majesties Duties, or Ships, or Goods to be Forfeited by reason of any unlawful Importations or 〈◊〉 , there shall not be any Jury, but of such only as are Natives of 〈…〉 , or are born in His Majesties said Plantations; And also that upon all such Actions, Suits and Informations, the Offences may be laid or alledged to be in any Colony, Province, County, Precinct or Division, of any of the said Plantations where such Offences are alledged to be committed, at the pleasure of the Officer or Informer.

Provided alwayes, That all Places of Trust in the Courts of Law, or what relates to the Treasury of the said Islands,Places of Trust in the Law, or relating to the Treasury to be in the hands of Native-born Subjects of England, &c. shall from the making of this Act, be in the Hands of the Native born Subjects of England or Ireland, or of the said Islands.

And whereas by the said Act made in the Two and twentieth and Three & twentieth years of the Reign of His said Late Majesty King Charles the Second, the bonds required to be given in the Plantations by Virtue of the said Act, for Incouraging & Increasing of Shipping and Navigation, are altered, and the word Ireland to be left out of the Condition of all such Bonds; and by the said Act, It is Enacted and Provided That all such Ships or Vessels coming from other Ports or Places, to any of the said plantations, which by the said Act for Encouraging and Increase of Shipping were permitted to Trade there, the Governours of such English Plantations should, before the said Ship or Vessel should be permitted to Load on Board any of the Commodities in the said Act particularly mentioned, take Bond in Manner, and to the Value mentioned and directed in the above mentioned Act, for Encouraging and Encrease of Shipping and Navigation, for each respective Ship or Vessel, That such Ship or Vessel shall carry all the aforesaid Goods that should be Laden on Board in the said Ship, to some other of His Majesties English Plantations, or to England, Wales, or Town of Berwick upon Tweed; But because no Provision hath hitherto been made for the Returning and Producing Certificates within some reasonable limited time, of the Landing and Discharging such Goods, according to the Condition of the said Bonds; and also because many times it hath happened, that the Sureties taken in the said Bonds, have been Persons not Resident in the said Plantations, but of uncertain and unknown Abodes,Sureties to be persons of known Residence & Ability. the said Bonds have proved ineffectual to the good purposes intended by the said Acts: Be it therefore Enacted by the Authority aforesaid, That in all such Bonds to be hereafter given or taken in the said Plantations, the Sureties therein Named shall be Persons of known Residence and Ability in the said Plantations, for the Value mentioned in the said Bonds, and that the Condition of the said Bonds, shall be within Eighteen Months after the Date thereof (the Danger of the Seas Excepted) to produce Certificate of having Landed and Discharged the Goods therein mentioned, in one of His Majesties said Plantations, or in England, Wales, or Berwick upon Tweed, Copies of Bonds attested to be in Force. otherwise such Bond or Coppies thereof, being attested under the Hand & Seal of the Governour or Commander in Chief to whom such Bonds were given, shall be in Force, and Allowed of in any Court in England, Ireland, or the Plantations, as if the Original were produced in Court by the Prosecutor.

And whereas several Ships & Vessels Laden with Tobacco, Sugars and other Goods of the Growth and Product of His Majesties Plantations in America, have been Discharged in several Ports of the Kingdoms of Scotland and Ireland, contrary to the Laws and Statutes now in being, under pretence that the said Ships and Vessels were driven in thither by Stress of Weather, or for want of Provisions, and other Disabilities, could not proceed on their Voyage: For Remedy whereof, Be it Enacted by the Authority aforesaid, That from and after the First Day of December, One thousand six hundred ninety six, it shall not be lawful, on any Pretence whatsoever, to put on Shoar in the said Kingdoms of Scotland or Ireland, any Goods or Merchandize, of the Growth or Product of any of His Majesties Plantations aforesaid,Plantation Goods not to be put on Shore in Scotland or Ireland unless &c. unless the same have been first Landed in the Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, and Paid the Rates and Duties wherewith they are Chargeable by Law, 〈◊〉 the Penalty of the Forfeiture of the 〈◊〉 and Goods, Three 〈…〉 His Heirs 〈…〉 , and the other Fourth 〈…〉 Sue for the same.

Provided nevertheless,Goods put on Shore in Ireland through disability of the Ship to be put into the custody of the Officer. That if any Ship or Vessel, Laden as aforesaid, shall by Stress of Weather be Stranded, or by reason of Leakiness, or other Disabilily, shall be driven into any Port or Place, within the Kingdom of Ireland, and shall not be able to proceed on her Voyage, then, and in such case only the said Goods and Merchandizes may be permitted to be put on Shoar, but shall be delivered into the Custody and Possession of the Collector or Chief Officer of the Customs of such Port or Place where the said Ship shall be so Stranded or Driven into, there to remain, until the said Goods and Merchandize shall, at the Charge of the Owner thereof, be put on Board some other Ship or Vessel, in order to be Transported, and Carried to some other Port or Place within the said Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, the said Officer first taking good and sufficient Security for the Delivery of the same, according to the true Intent and Meaning of this Act.

And be it further Enacted by the Authority aforesaid,No Islands or Tracks of Land in America to be disposed to others than natural born Subjects of England, &c. That all Persons and their Assignees, Claiming any Right or Propriety in any Islands or Tracks of Land upon the Continent of America, by Charter or Letters Patents, shall not at any time hereafter Alien, Sell, or Dispose of any of the said Islands, Tracts of Land or Proprieties, other than to the Natural Born Subjects of England, Ireland, Dominion of Wales, or Town of Berwick upon Tweed, without the Licence and Consent of His Majesty, His Heirs and Successors, Signified by His or Their Order in Council first had and obtained; And all Governours Nominated and Appointed by any such Persons or Proprietors, who shall be Intituled to make such Nomination, shall be Allowed and Approved of by His Majesty, His Heirs and Successors as aforesaid,Governours appointed by Proprietors to be allowed by His Majesty, &c. and shall take the Oaths Injoyned by this or any other Act, to be taken by the Governours or Commanders in Chief, in other His Majesties Colonies and Plantations, before their Entring upon their respective Governments, under the like Penalty His Majesties Governours and Commanders in Chief are by the said Acts liable to.

And for a more Effectual prevention of Frauds which may be used to Elude the Intention of this Act, by Colouring Foreign Ships under English Names, Be it further Enacted by the Authority aforesaid, That from and after the Five & twentieth day of March, which shall be in the Year of our Lord, One thousand six hundred ninety eight, no Ship or Vessel whatsoever shall be deemed, or pass as a Ship of the Built of England, Ireland, Wales, Berwick, Guernsey, Jersey, or of any of His Majesties Plantations in America, so as to be qualified to Trade to▪ from, or in any of the said Plantations,Ships to be Registred. until the Person or Persons, claiming Property in such Ship or Vessel, shall Register the same as followeth, That is to say, If the Ship, at the time of such Register, doth belong to any Port in England, Ireland, Wales, or to the Town of Berwick upon Tweed, then Proof shall be made upon Oath of One or more of the Owners of such Ship or Vessel, before the Collector and Comptroller of His Majesties Customs in such Port, or if at the time of such Register the Ship belong to any of His Majesties Plantations in America, or to the Islands of Guernsey, or Jersey, then the like Proof to be made before the Governour, together with the Principal Officer of His Majesties Revenue residing on such Plantation or Island; which Oath the said Governours and Officers of the Customs respectively, are hereby Authorized to Administer in the Tenour following, viz.

Urat A. B. That the Ship Name _____ of Port _____ whereof Masters Name _____ _____ is at present Master, being a Kind of Boat _____ of Burthen _____ Tuns, was Bult at Place where _____ in the Year Time when _____ and that Owners Name _____ _____ of _____ and _____ of, &c. are at present Owners thereof, and that no Foreigner, directly or indirectly, hath any Share, or Part, or Interest therein.

Which Oath being Attested by the Governour, or Custom Officer respectively, who Administred the same under their Hands and Seals, shall after having been Registred by them, be delivered to the Master of the Ship for the Security of her Navigation, a Duplicate of which Register shall be immediately Transmitted to the Commissioners of His Majesties Customs in the Port of London, in order to be Entred in a general Register to be there kept for this purpose, with Penalty upon any Ship or Vessel Trading to, from, or in any of His Majesties Plantations in America, after the said Five and twentieth Day of March, and not having made Proof of her Built and Property, as is here directed, that she shall be liable, and she is hereby made liable to such Prosecution and Forfeiture as any Foreign Ship (except Prizes Condemned in the High Court of Admiralty) would for Trading with these Plantations by this Law be liable to.

Provided always, That all such Ships as have been, or shall be taken at Sea by Letters of Mark or Reprizal, and Condemnation thereof made in the High Court of Admiralty of England, as Lawful Prize, shall be specially Registred, mentioning the Capture and Condemnation instead of the Time and Place of Building, with Proof also upon Oath, That the entire Property is English, before any such Prize shall be allowed the Priviledge of an English Built Ship, according to the Meaning of this Act

Provided also, That nothing in this Act shall be Construed to require the Registring any Fisher Boats, Hoys, Lighters, Barges, or any open Boats or other Vessels (though of English or Plantation Built) whose Navigation is confined to the Rivers or Coasts of the same Plantation or Place where they Trade respectively, but only of such of them as Cross the Seas to or from any of the Lands, Islands, Places or Territories in this Act before Recited, or from one Plantation to another.

And be it further Enacted, by the Authority aforesaid, That no Ships Name Registred shall be afterwards Changed without Registring such Ship de novo, which is hereby Required to be done upon any Transfer of Property to another Port, and delivering up the former Certificate to be Cancelled under the same Penalties, and in the like Method as is herein before Directed; And that in case any Alteration of Property in the same Port, by the Sale of one or more Shares in any Ship after Registring thereof, such Sale shall always be acknowledged by Endorsement on the Certificate of the Register before Two Witnesses, in Order to prove that the Entire Property in such Ship remains to some of the Subjects of England, if any Dispute arises concerning the same.

FINIS.