STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 367 



eign Parts of Europe in Vessels that clear out with non-enumerated 

 Goods, as well as to prevent the clandestine Importation of Foreign 

 European Goods into the said British Colonies ; be it further enacted 

 by the Authority aforesaid, That from and after the first day of 

 January, one thousand seven hundred and sixty-seven, Bond and 

 Security, in the like Penalty, shall also be given to the Collector, or 

 other Principal Officer of the Customs at any Port or Place in any 

 of the British American Colonies or Plantations, with one Surety 



besides the Master of every Ship or Vessel that shall lade or 

 221 take on board there any Goods not particularly enumerated in 



the said Acts, with Condition, that such Goods shall not be 

 landed at any Part of Europe to the Northward of Cape Finisterre, 

 except in Great Britain which Bond shall be discharged in the Man- 

 ner hereafter mentioned; that is to say For such of the said Goods 

 as shall be entered for, or landed in, Great Britain, the Condition of 

 the Bond shall be, to bring a Certificate in Discharge thereof within 

 eighteen Months from the Date of such Bond, and within six 

 Months for such of the said Goods as shall be entered for, or 

 landed in, any of the British Colonies or Plantations in America; 

 which respective Certificates shall be under the Hands and Seals of 

 the Collector and Comptroller, or other Principal Officer of the Cus- 

 toms, resident at the Port or Place where such Goods shall be landed, 

 testifying the landing thereof; and for such of the said Goods as 

 shall be entered for, or landed at, any other Place where the same 

 may be legally landed, to bring the like Certificate within twelve 

 Months, under the Common Seal of the Chief Magistrate, or under 

 the Hands and Seals of two known British Merchants residing there, 

 or such Bond or Bonds shall be discharged, in either of the said Cases, 

 by Proof upon Oath made by creditable Persons, that the said Goods 

 were taken by Enemies, or perished in the Seas ; And if any such non- 

 enumerated Goods shall be laden on board any such Ship or Vessel 

 in any British Colony or Plantation in America before such Bond 

 shall be given, the Goods so laden, together with the Ship or Vessel, 

 and her Furniture, shall be forfeited, and shall and may be seized by 

 any Officer of the Customs, and prosecuted in such Manner as any 

 other Forfeiture against the Laws of the Revenue may be prosecuted. 



XXXI. Provided always, and it is hereby declared and enacted 

 by the Authority aforesaid, That nothing herein before contained 

 shall extend, or be construed to extend, to Vessels which shall be bona 

 fide bound to some of the Ports of Spain within the Bay of Biscay, 



XXXII. And be it further enacted by the Authority aforesaid, 

 That if any Action or Suit shall be commenced, either in Great Brit- 

 ain or America, against any Person or Persons for any Thing done 

 in pursuance of this or any other Act of Parliament relating to his 

 Majesty's Customs, the Defendant or Defendants in such Action or 

 Suit may plead the General Issue, and give the said Acts, and the 

 Special Matter, in Evidence, at any Trial to be had thereupon, and 

 that the same was done in pursuance, and by the Authority, of such 

 Act : And if it shall appear so to have been done, the Jury shall find 

 for the Defendant or Defendants; and if the Plaintiff shall be non- 

 suited, or discontinue his Action after the Defendant or Defendants 

 hall have appeared ; or if Judgment shall be given, upon any Verdict 

 or Demurrer, against the Plaintiff; the Defendant or Defendants 

 shall recover Treble Costs, and have the like Remedy for the same as 

 Defendants have in other Cases by Law. 



