890 APPENDIX TO BRITISH CASE. 



And whereas, if some provision of that sort was extended to his 

 Majesty's American dominions, it may be a means of preventing an 

 illicit trade therewith, and tend to enforce an Act made in the twelfth 

 year of the reign of King Charles the Second, intituled. An Act for 

 the encouraging and increasing of shipping and navigation, and 

 another Act made in the seventh and eighth year of the Reign of 

 King William the Third, intituled, An Act for preventing frauds, 

 and regulating abuses in the Plantation trade, so far as those laws do 

 prohibit any goods or commodities to be imported into or exported 

 out of any British Colony or plantation in America, in any foreign 

 ship or vessel:" To which end therefore be it enacted by the au- 

 thority aforesaid, that from and after the twenty-ninth day of Sep- 

 tember, one thousand seven hundred and sixty-four, if any foreign 

 ship or vessel whatsoever shall be found at anchor, or hovering 

 within two leagues of the shore of any land, island, plantation, colony, 

 territory, or place, which shall or may be in the possession or under 

 the dominion of his Majesty, his heirs or successors, in America, and 

 shall not depart from the coast, and proceed upon her voyage to some 

 foreign port or place, within forty-eight hours after the master or 

 other person taking the charge of such ship or vessel shall be required 

 so to do by any officer of his Majesty's Customs, unless in case of un- 

 avoidable necessity and distress of weather, such ship or vessel, with 

 all the goods therein laden, shall be forfeited and lost, whether bulk 

 shall have been broken or not; and shall and may be seized and 

 prosecuted by any officer of his Majesty's Customs, in such manner 

 and form as herein after is expressed. 



XXIV. Provided always, that nothing herein contained shall ex- 

 tend, or be construed to extend, to any ship or vessel belonging to the 

 subjects of the French King, which shall be found fishing, and not 

 carrying on an illicit trade, on that part of the Island of Newfound- 

 land which stretches from the place called Cape Bonavista to the 

 Nothern point of the said island, and from thence running down to 

 the Western side, reaches as far as the place called Point Riche. 



XXXV. And, in order to prevent any illicit trade or commerce 

 between His Majesty's subjects in America and the subjects of the 

 Crown of France in the Islands of Saint Pierre and Miquelon, it is 

 hereby further enacted by the authority aforesaid, That from and 

 after the twenty-ninth day of September one thousand seven hundred 

 and sixty-four, if any British ship or vessel shall be found standing 

 into, or coming out from, either of those Islands, or hovering or at 

 anchor within two leagues of the coast thereof, or shall be discovered 

 to have taken any goods or merchandizes on board at either of them, 

 or to have been there for that purpose; such ship or vessel, and all 

 the goods so taken on board there, shall be forfeited and lost, and 

 shalland may be seized and prosecuted by any officer of His Majesty's 

 Customs; and the Master or other person having the charge of such 

 ship or vessel, and every person concerned in taking any such goods 

 on board, shall forfeit treble the value thereof. 



XXXVI. And, to prevent the concealing any goods in false 

 packages, or private places, on board any ship or vessel arriving at 

 any of the British Colonies or Plantations in America, with intent to 

 their being clandestinely landed there, Be it further enacted by the 

 authority aforesaid, that from and after the twenty-ninth day of 



