An Act giving further Encouragement for the Importation of Naval Stores; and for other Purposes therein mentioned.

WHEREAS in the Third, and Fourth Years of the Reign of Her late Majesty Queen Anne, a good Law was made for Encouraging the Importation of Naval Stores from Her Majesty's Plantations in America, by an Act which commenced the First Day of January,Preamble. One thousand seven hundred, and five, and continued from thence forward for the space of Nine Years; and by an Act made in the Twelfth Year of Her said late Majesty's Reign, the aforesaid Act is continued from the time of the Expiration of the same, for the further Term of Eleven Years, and from thence to the End of the next Session of Parliament; and by the Act last mentioned, Encouragement is given for the Importation of Naval Stores from that Part of Great Britain called Scotland, to that Part of Great Britain called England, during the Remainder of the time limited for granting Premiums to the Importers of Naval Stores from America, by the said Acts: And whereas in Consequence of the said Encouragement, it is found by Experience that great Quantities of Good, and Merchantable Pitch, and Tar (part of the Naval Stores mentioned in the said Acts) have been imported into this Kingdom from the said Plantations in America, which Pitch and Tar have been found useful for the Service of His Majesty's Navy, and it is necessary to give farther Encouragement therein: And whereas it is probable that the Owners of large Tracts of Land in the said Plantations, and in that Part of Great Britain called Scotland, lying near the Sea, and upon Navigable Rivers, would be induced to sow the same with Hemp, if farther Encouragement were given for that Purpose:

[Page 8]May it therefore Please Your Most Excellent Majesty, That it may be Enacted,

And be it Enacted by the King's Most Excellent Majesty, by and with the Advice, and Consent of the Lord's Spiritual, and Temporal, and Commons in this Present Parliament Assembled, and by the Authority of the same, Premium for Ton of Hemp water-rotted, &c continued from Expiration of the Act 12 Anne, for 16 Years, &c. That the Premium, or Reward of Six Pounds given by the said Acts for every Ton of Hemp water-rotted, bright, and clean, each Ton containing Twenty Gross Hundreds, and Six Pounds, shall be continued from the Expiration of the said Act of the Twelfth Year of Her said late Majesty's Reign, for, and during the Term of Sixteen Years, and from thence to the End of the next Session of Parliament; and shall be paid, and payable in the same manner,Hemp im­ported after 24 of June 1722. Duty-free and under the same Rules, Methods, and Restrictions, as are prescribed in, and by the said former Acts, or either of them, touching the same; and all such Hemp, being lawfully imported into this Kingdom after the Four, and twentieth Day of June, One thou­sand seven hundred, and twenty two, shall be free, and clear of, and from all Duties, Customs, and Impositions whatsoever, payable to His Majesty, His Heirs, or Successors; Any Law, Custom, or other Matter, or Thing to the contrary in any wise notwithstanding.

And Whereas great Quantities of Wood, and Timber, and of the Goods commonly called Lumber, herein after particularly enumerated (That is to say) Deals of several Sorts, Timber-Balks of several Sizes, Barrel-Boards, Clap-Boards, Pipe-Boards, or Pipe-Holt, White-Boards for Shoe-makers, Boom, and Cant-Spars, Bow-Staves, Capravens, Clap-Holt, Ebony-Wood, Headings for Pipes, and for Hogsheads, and Barrels, Hoops for Coopers, Oars, Pipe, and Hogshead-Staves, Barrel-Staves, Firkin-Staves, Trunnels, Speckled-Wood, Sweet Wood, Small Spars, Oak, Plank, and Wainscot, or some of them, have usually been imported into this Kingdom from Foreign Countries at excessive Rates, or Prices, especially in Time of War, and Foreigners have thereby found Opportunities to export the coined Monies of this Realm; and it is well known that the said Commodities, being of the Growth, and Product of His Majesty's Plantations in America, may be furnished from thence if due Encouragement was given in that Behalf.

Be it therefore Enacted by the Authority aforesaid, That all, and every Person, and Persons who within the Term of One and Twenty Years,Wood, Lum­ber, &c. (ex­cept Masts, &c) imported, from A­merica, for 21 Years after 24 of June, 1722. Duty-free to be reckoned from the Four, and twentieth Day of June, One thousand seven hundred, and twenty two, shall import, or cause to be imported into Great Britain, directly from any of His Majesty's British Plantations or Colonies in America, in any Ship, or Vessel, Ships, or Vessels, which may lawfully trade to, or from His Majesty's said Plantations, or Colonies, and which shall be navigated according to Law, any sort of Wood, Plank, or Timber whatsoever, Wrought, or Unwrought, or any of the Goods called Lumber, before in this Act enumerated, such Wood, Plank, Timber, and Lumber, being of the Growth, and Product of the said Plantations, or Colonies, or some of them (except Masts, Yards, and Bow-sprits, touching which Duties, and Premiums are ascertained by former Acts in that behalf) shall and may import the same free from all Customs, and Impositions whatsoever, granted to His Majesty, His Heirs, or Successors.

[Page 9]And to the End, His Majesty's Royal Navy may, from time to time, have the Benefit of so much of such Hemp, as shall be requisite for the Service thereof.

Be it further Enacted by the Authority aforesaid, That upon the Importation of any Hemp, for which any Bounty, or Premium is by this, or any former Act given, the Preemption,Such Hemp not contract­ed for by them within 20 Days, to be otherwise disposed of. or Refusal of such Hemp shall be offered, and tendred to the Commissioners of His Majesty's Navy, or some of their Agents for the time being, upon landing the same; and if within the space of Twenty Days after such Tender, the said Commissioners shall not contract, or bargain for the same, it shall be lawful for the Importer, or Importers, Owner, or Owners of such Hemp, otherwise to dispose thereof, as by Law they may, for his, her, or their best Profit, and Advantage.

And Whereas in and by the said Act made in the Third, and Fourth Years of Her said late Majesty Queen Anne, Intituled, An Act for En­couraging the Importation of Naval Stores from Her Majesties Plan­tations in America, a Reward, or Premium was given for Tar brought into this Kingdom, directly from Her Majesties Plantations in America, after the Rate of Four Pounds for every Ton of Good, and Merchan­table Tar, under such Rules, Regulations, and Provisoes, as are there­in mentioned; which Act was continued by one other Act made in the Twelfth Year of the same Reign, Intituled, An Act for continuing an Act made in the Third, and Fourth Years of the Reign of Her present Majesty, Intituled, An Act for Encouraging the Importation of Naval Stores from Her Majesties Plantations in America; and for Encouraging the Importation of Naval Stores from that Part of Great Britain called Scotland, to that Part of Great Britain called England, and is still in Force; and by the said last mentioned Act the like Reward, or Premium of Four Pounds per Ton, was extended to and given for Tar brought from that Part of Great Britain called Scotland, to that Part of Great Britain called England, under the like Rules, Regula­tions, and Provisoes, as in the Case of Plantation Tar.

And Whereas by one other Act passed in the Fifth Year of the Reign of His present Majesty, Intituled, An Act against Clandestine Running of uncustomed Goods; and for the more Effectual preventing of Frauds relating to the Customs, the said Reward, or Premium is to be allowed for such Tar only as should be clean, good, merchantable, and well conditioned, and fit for making Cordage; and nevertheless, the Tar imported from the said Plantations has hitherto been found to retain an hot, and thick Quality, whereby it is not so fit for making Cordage, as the East Country Tar.

Wherefore for Remedy thereof for the future, and to the End His Majesty's Navy may have the Benefits intended by the said Acts in being supplyed with Plantation Tar fit for making Cordage.After 29 Sept. 1724, no Cer­tificate to be made, nor Bill granted by Commissioner of Navy to entitled Im­porter of Tar, to Premium, Unless, &c.

Be it Enacted by the Authority aforesaid, That from and after the Twenty-ninth Day of September, which shall be in the Year of our Lord, One thousand seven hundred, and twenty-four, no Certifi­cate be made out by any Officer of His Majesty's Customs in any Port of this Kingdom, for any Tar which shall be imported into this Kingdom, fro [...] [...] of His Majesty's Colonies or Plantations in America, nor any Bill made out by the Commissioners or Principal [Page 10] Officers of His Majesties Navy, whereby to entitle the Importer of such Tar to any Reward or Premium, unless the Certificate of the Governour, Lieutenant Governour, Collector of the Customs, and Naval Officer, or any Two of them (which Certificate is by the said Act of the Third and Fourth Years of the Reign of Her said late Majesty Queen Anne, directed to be by them made out in such Terms, Manner, and Form, and for such Intents and Purposes, as are therein mentioned) do express that it has appeared to them (the Persons so certifying) by the Oath of the Owner or Maker of the Tar, for which such Certificate shall be granted (such Oath to be made before any Justice of the Peace within the Colony or Plantation where such Tar shall be made, who is hereby authorized to administer the same) that the Tar therein mentioned was made from Green Trees pre­pared for that purpose, after the following manner; That is to say, That when such Trees were fit to bark, the Bark thereof was stript Eight Foot,The manner. or thereabouts, up from the Root of each Tree, a Slip of the Bark of about Four Inches in Breadth having been left on one side of each Tree, and that each Tree, after having been so barkt had stood during one Year at the least, and was not before cut down for the making of Tar; Any thing herein, or in any former Law to the contrary notwithstanding.

And whereas the Laws already made, and still in force, for the Preser­vation of white Pine Trees, in His Majesties Colonies of New-Hampshire, the Massachusetts-Bay, and Province of Main, Rhode-Island, and Providence Plantation, the Narraganset Country, or Kings-Province, and Connecticut in New-England, and New-York, and New-Jersey in America, for the Masting the Royal Navy, have been found insufficient for that Purpose, so that a further Provision is necessary to be made therein: And forasmuch as there are great Numbers of White Pine-Trees, fit for Masting the Royal Navy, growing in His Majesty's Province of Nova Scotia in America.

Be it therefore Enacted by the Authority aforesaid, That from and after the Twenty-first Day of September, No White Pine Trees, &c. in Ame­rica to be cut or felled after 21 Sept 1722 One thousand seven hundred and twenty-two, no Person or Persons within the said Colonies or Plantations of Nova Scotia, New-Hampshire, the Massachusetts-Bay, and Province of Main, Rhode Island, and Providence Plantation, and the Narraganset Country, or Kings Province, and Connecticut in New-England, and New-York and New-Jersey, in America, or within any of them, do or shall presume to cut, fell, or destroy any White Pine Trees, not growing within any Township, or the Bounds, Lines, or Limits thereof, in any of the said Colonies or Plantations, without His Majesty's Royal Licence for so doing first had and obtained, on Pain that every Persons so cutting, felling, and destroying such Pine-Trees, or who shall be aiding or assisting therein, or in drawing away the said Pine-Trees, after the same shall have been so cut, felled, or destroyed, shall, for every such Offence,Penalty on Offenders. forfeit and pay the several and respective Sums following; That is to say, For every White Pine-Tree, of the Growth of Twelve Inches Diameter and under, at Three Feet from the Earth, the Sum of Five Pounds; for every such Tree, from Twelve Inches to Eighteen Inches Diameter, the Sum of Ten-Pounds; for every such Tree, from Eighteen Inches to Four and twenty Inches Diameter, the Sum of Twenty Pounds; and for every such Tree, from Four and twenty Inches Diameter and upwards, the Sum of Fifty Pounds; which several Penalties, and For­feitures shall and may be sued for within Six Months after the Offence [Page 11] committed, by Plaint or Information, upon the Oath of One or more Credible Witness or Witnesses, before the Judge of the Admiralty, [...] or his Deputy, within the Colony or Plantation where such Pine-tree shall be cut, felled, or destroyed; One Moiety of such Penalties and Forfeitures to be to His Majesty, His Heirs or Successors, the other Moiety to the Informer who shall Sue for the same; And in case any Dispute shall arise whether such Tree, when cut, felled, or destroyed, was growing within any Township, or the Bounds, Lines, or Limits thereof, as afore­said, the Proof shall lie upon the Owner; and on Conviction of such Offender for such Offence, as aforesaid, if he shall refuse or neglect to pay the Penalty and Forfeiture thereby incurred by the Space of Twenty Days after such Conviction, that then such Judge, or his Deputy, shall and may, by Warrant under his Hand and Seal, cause the same to be levied by Distress and Sale of the Goods of the Offender, rendring the Over­plus, if any be, to the Owner; and when no sufficient Distress can be found such Judge or Deputy shall commit the Offender to Prison, within the Colony or Plantation where such Offence shall be committed, there to remain without Bail or Mainprize, during such time as such Judge or De­puty shall appoint, not exceeding Twelve Months, nor less than Three Months, or until such Offender shall pay the Penalty or Sum of Money so recovered; and after such Payment made, shall likewise find sufficient Security for his good Behaviour, during the space of Three Years, to be accounted from the time of such his Conviction: And it is hereby De­clared, That all White Pine-Trees, Masts, or Logs made from such Trees, which from and after the said One and twentieth Day of September, One thousand seven hundred and twenty-two,White Pine-Trees, Masts, &c. felled shall be found cut or felled, without such Licence, as aforesaid, in any of His Majesty's said Colonies, or Plantations, shall be forfeited, and seised for the Use of His Majesty, His Heirs and Successors; Any former Law, Usage, or Custom to the contrary notwithstanding.

And Whereas by one other Act made in the Ninth Year of the Reign of Her late Majesty Queen Anne, Intituled, An Act for the Preservation of White, and other Pine Trees growing in Her Majesties Colonies of New-Hampshire, the Massachusetts-Bay, and Province of Main, and Rhode-Island, and Providence Plantation, the Narraganset Country, or Kings Province, Connecticut, in New-England, and New-York, and New-Jersey, in America, for the Masting Her Majesties Navy; It was, amongst other things, Enacted, That no Person, or Persons within the said Colonies, and Plantations should cut, fell, or destroy any White Pine-Tree fit for Mast (not being the Property of any private Person) such Trees being of the Growth of Four, and twenty Inches Diameter, and upwards, at Twelve Inches from the Earth, without Her Majesties Licence, on the Penalty of One Hundred Pounds Ster­ling, to be recovered, levied, and distributed, as therein is mentioned.

Be it hereby further Enacted, Repeal of part of the Act 9 A. for Preserva­tion of white & other Pine-Trees, &c. That so much of the said Act as relates to the cutting, felling, or destroying such White Pine-Trees, and the Penalties to be incurred thereby, shall, from and after the One, and twentieth Day of September, One thousand seven hundred, and twenty-two, be, and stand absolutely Repealed.