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7th GEO. I.

Nis. 168, 169.

A. D. 1721.

No. 168.
OBSOLETE.

An Act for selling Flour, Corn, and Biscuit by Weight.

Dated 11th April, 1721.

An Act to impose a Duty on Sugar, Molasses, Rum, Cotton, No. 169. and Ginger, of the Produce or Manufacture of the French King's Colonies imported into this Island.

WHEREAS there are daily imported into this Island, great Quantities of Sugar, Molasses, Rum, Cotton, and Ginger, of the Produce and Manufacture of the French King's Colonies in America, which are not only imposed upon the Officers of Your Majesty's Customs here, for the Produce of this Island, and by that Means shipped as such to Great Britain, whereby Your Majesty is defrauded of the extraordinary Duty payable for the same there, but at other Times are avowedly and barefacedly exported from this Island as the Product of the French King's Colonies, and that Duty free, to other Your Majesty's Colonies in America, whereby likewise Your Majesty is defrauded of the Duty commonly called The Enumerated Duties, imposed upon several of the aforesaid Commodities of the Produce of Your Majesty's Colonies, by a Statute made in the twenty-fifth Year of the Reign of Your Majesty's Royal Predecessor King Charles the Second; and by Reason also thereof the Product and Manufacture of this Island are extreamly lessened in Value, the Inhabitants stand upon a worse footing than the French, and are disencouraged in, and deserting their Settlements daily in great Numbers:

II. We therefore Your Majesty's most loyal and obedient Subjects, the Governor in Chief, in and over all Your Majesty's Leeward Caribbee Islands in America, the Council and Assembly of Your Majesty's Island of Antigua, humbly pray Your Most Sacred Majesty that it may be enacted and ordained, and be it, and it is hereby enacted and ordained by the Authority aforesaid, That from and after the Date hereof, all Sugar, Molasses, Rum, Cotton, and Ginger, of the Produce or Manufacture of any of the French King's Colonies in America, or that shall hereafter be in the Possession of the French King, His Heirs and Successor, or their Subjects, which shall be imported into this Island, shall pay the Duties following (that is to say) For all Loaf or Refined Sugar, Nine-pence lawful Money of this Island per Pound;

all

For Dutics on Foreign Produce, see, with this, Acts of 17th Dec.

De 102) 21st (No. 293;) 9th May, 1743,

March, 1767,

(No. 196.)

Аст.

Sugar, &c. French Colonies to pay as

imported from

in Clause.

7th GEO. I.

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No. 169.

A. D. 1721. all Lump or Powdered Sugar, Four-pence Halfpenny like Money per Pound; all strained or Muscovado Sugar, the Sum of five Shillings like Money per Hundred Weight Gross; all Molasses, the Sum of Three-pence like Money per Gallon; all Rum the Sum of Six-pence like Money per Gallon; all Cotton, the Sum of Six-pence like Money per Pound; and all Ginger, the Sum of five Shillings like Money per Hundred Weight Gross.

III. And in case the same or any of them shall be exported from this Island, to any of Your Majesty's Colonies in America, whereby (if the same were Commodities of this Island) the same would be liable to pay the said Duty, called The Enumerated Duty, then the said Commodities, so exported, shall pay the said Duties; and the Vessels exporting the same, shall give the same Sureties, and be subject to the same Forfeitures (if seized in this Island) as Vessels exporting the Commodities of the Produce of this Island are subject to by the Statutes of Great Britain.

IV. All which said Duties on Importation, shall be paid within two Days after Importation, either in Money, or the Commodities themselves at Money Price, and shall be paid into the Hands of the Collector of His Majesty's Customs for the Time being, for the Use of His Majesty, His Heirs and Successors.

V. And be it further enacted by the Authority aforesaid, That due Entries of such Commodities, charged with the Duties aforesaid, shall be made as of the Produce of the French King's Colonies, within twenty-four Hours after the Arrival of the Vessel importing the same, and before Landing the same, or taking the same out of the Vessel so importing the same, under the Penalty of forfeiting the same, together with the Ship or Vessel importing the same, and all her Tackle, Furniture, and Ammunition, in case of Non-entry, or fraudulent colourable Entering the same as the Produce of any other Your Majesty's Colonies; and also any Ship, Vessel, or Boat, which shall receive or take on Board any the Commodities aforesaid, not duly entered according to the Tenor and Meaning of this Act, shall be liable to the same Penalty as the Ship or Vessel importing the same; the one Third to the Use of His Majesty, His Heirs and Successors, one Third to the Governor in Chief of His Majesty's Leeward Caribbee Islands in America, and the Third remaining to the Informer suing for the same, all Charges of Condemnation first deducted; and such Condemnation may be in any Court of Record of this Island, or in the High Court of Admiralty of the same.

7th GEO. I.

No. 169.

ces in Clause

A. D. 1721. VI. And be it, and it is further enacted by the Authority afore- Circumstansaid, That Coming to an Anchor at any Bay, Creek, Port, or Anchoring to constitute place, in or about this Island, by any Vessel having on Board any of the Importation. Commodities aforesaid, subject to the Duty hereby laid on Importation, or Delivering any of the same Commodities, from any Ship or Vessel, being in any Bay, Creek, Port, or Anchoring-place, in or about this Island, shall be deemed an Importation, by the Ship or Vessel so coming to an Anchor, or delivering out of her any the last mentioned Commodities ; but in case the Commodities so last mentioned to be delivered, shall be bona fide entered in this Island by the Ship or Vessel receiving the same, within the Time hereby limited for Entry on Importation, to be computed from the Time of their being so delivered and received as last mentioned, then the same shall be an Importation only in the Ship so entering the same; and where any Doubt shall arise, whether Onus probandi the said Commodities, or any of them that shall be seized and pro- dities seized ceeded against, be of the Produce of Your Majesty's Colonies, or of are not French the French King's, the Onus probandi shall lie on the Owner or Claimant, duce, to lie on and the Claimant shall be reputed the Owner.

that Commo

Colonial Pro

Owner.
Claimant to be
reputed
Owner.

Persons au

make Seizures

VII. And be it also further enacted by the Authority aforesaid, Description of That such Persons as have Power to bring in, seize, or inform against thorized to Vessels for Breach of any of the Statutes of Great Britain, commonly under Act. known by the Names of The Acts of Trade, and relating to these Colonies, shall have Power to bring in, seize, and inform against Vessels importing, and Goods imported, against this Act, and no other Persons whatsoever. And for the better inforcing the Execution of this present Act:

Customs to

VIII. Be it enacted by the Authority aforesaid, That all the Offi- Officers of cers of His Majesty's Customs within this Island now being, shall, take within ten Days after the Date hereof, and all those that shall hereafter be made, shall, within the same Time, after entering upon their Offices, take the following Oath before the Commander in Chief, or, in his Absence, before the Lieutenant Governor, or President of this Island for the Time being; viz.

I A. B. do swear, That I will, according to the best of my Power, put in OATH.
Execution one Act of this Island Antigua, intituled, An Act to impose

a Duty on Sugar, Molasses, Rum, Cotton, and Ginger, of the Pro-
duce or Manufacture of the French King's Colonies, imported into
this Island, without Favour or Affection.

VOL. I.

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7th GEO. I.

Charge on board of

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IX. And the more effectually to prevent Shipping to Great Britain Sugars of the Produce or Manufacture of the French King's Colonies, Officer to take as Sugars of the Produce of Your Majesty's Colonies; be it enacted by the Authority aforesaid, That immediately on the Importation of French Colo- any such Sugars of the Produce or Manufacture of the French King's nial Produce; Colonies, the proper Officers of Your Majesty's Customs here, shall when landed, take Charge thereof on Board, and, if brought on Shoar, shall ing the King's put the same in Your Majesty's Warehouse, until the same be exported, for which the Owner or Importer shall pay reasonable Storehouse Room.

and to put it,

Store-house.

Importer to pay Storing.

Ship's Coming into Harbour

an Importation;

such Vessel

obtaining Li

X. And be it further enacted by the Authority aforesaid, That in Distress not if any Ship or Vessel in Distress, shall for Preservation come into either of the Harbours of Saint John's, Parham, Willoughby Bay, Falmouth, or Old Road, the same shall not be deemed an Importation within the Meaning of this Act; but such Vessel shall, upon Application to, and with the Licence of, the Commander in Chief, or Governor of this Island for the Time being, have Liberty to land, sell, and dispose of as much of any the Commodities aforesaid, as will be sufficient for refitting such Ship or Vessel, paying the Duties hereby imposed for the Commodities to be so landed, and sold, or disposed of.

cence may sell Commodities

torefit, paying

the Duties.

Dated at the Town of Parham the twelfth Day of June, in the seventh Year of the Reign of our Sovereign Lord GEORGE, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord God one thousand seven hundred and twenty-one.

ASHTON WARNER, Speaker.

WALTER HAMILTON.

PRIVATE.

No. 170. An Act for the Encouragement of Rudhall Russell, Backmaker, in his Projection of Stills, compounded of Wood and Copper, within this Island.

Dated 26th June, 1721.

An

8th GEO. I.

Nis. 171, 172.

A. D. 1721.

An Act for naturalizing of John Duquesne, Doctor in No. 171 Physick.

Dated 11th November, 1721.

PRIVATE.

An Act for the Preservation of the Body Ponds, and making No. 172. them Publick Ponds.

INASMUCH

MUCH as in the Times of extream Drought, when other RECITAL. Ponds and fresh Waters have been dried up, the aforesaid Ponds, called The Body Ponds, have afforded fresh and wholsom Waters, and have been the Support of the Inhabitants, the Slaves and Cattle, yet some Persons of late, regarding more their own private (though trifling) Profit, than our Publick Good, have cut down the Trees and Bushes which grew by the Sides of the said Ponds, and kept the Waters fresh and cool, so that being exposed to the Heat and Exhalation of the Sun, the Waters are not only rendered much worse, but are in great Danger of being dried up, besides the said Ponds are much choaked with Branches and Lopping of Trees fallen into the same, through the Carelessness of such as have cleared round them:

II. For the Preservation therefore of the said Ponds, called The Body Ponds, we Your Majesty's most loyal and obedient Subjects, the Governor in Chief, in and over all Your Majesty's Leeward Caribbee Islands in America, and the Council and Assembly of Your Majesty's Island Antigua, humbly pray Your Most Sacred Majesty that it may be enacted and ordained, and be it, and it is hereby enacted and ordained by the Authority aforesaid, That the said Ponds, called The Body Ponds, are and shall be Publick Ponds to all Intents and Purposes whatsoever, and shall be visited, cleansed, enlarged, and preserved by the Commissioners and Inhabitants, as other Publick Ponds are in their respective Precincts and Divisions.

Аст.

Body Ponds to der PondCommnissiSee their Number and Pow

be Public, un

oners.

ers in Act of 28th June, 1702, (No. 129,) S. 3, et seq. usque ad 18, & S. 7. of this Act.

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