DIGEST. 1. IN Actions. General Issue case any Officer in the Plantations in America shall be sued or molested for any Thing done in the Execu- may be pleaded. tion of his Office, he may plead the General Issue, and give this and other Custom Acts in Evidence, and the Judge shall allow thereof; and such Officer shall enjoy the like Privileges and Advantages as are allowed by Law to the Officers of the Customs in England. 7 & 8 W. 3. c. 22. § 6. 2. In any Action commenced in Great Britain or America, against any Person for any Thing done in pursuance of this or any Act relating to the Customs, the Defendant may plead the General Issue, and give the Act and Special Matter in Evidence upon any Trial to be had thereupon, and that the same was done by Authority of such Act; and if it shall appear so to have been done, the Jury shall find for the Defendant; and if the Plaintiff be nonsuited, or discontinue his Action after the Defendant shall have appeared, or if Judgment shall be given upon Verdict or Demurrer against the Plaintiff, the Defendant shall recover Treble Costs. 4 Geo. 3. c. 15. § 47. Alabaster, (ROUGH AND WORKED). Defendants al lowed Treble Cofts. Malta or Gibraltar, May be exported from Malta or any of the De- Importation pendencies thereof, or from Gibraltar, direct to any allowed from of His Majesty's Sugar Colonies or Plantations in America, or to Newfoundland, Bermuda, or any of His Majesty's Colonies or Plantations in North America, in British Ships, owned, navigated, and registered according to Law. 55 Geo. 3. c. 29. §5, 9. 57 Geo. 3. e. 4. §.1. See GIBRALTAR. 1. No Alien, or Person not born within the Allegiance of the King, or naturalized or made a free Denizen, shall exercise the Trade or Occupation of a Merchant or Factor in any Land, Island, Plantation or Territory to His Majesty belonging or in His Possession, or which may hereafter belong unto or be in the Possession of His Majesty, in America, upon Forfeiture of all his Goods and Chattels, or which are in his Possession; One Third to His Majesty, One Third to the Governor of the Plantation where such Person shall so offend, and the other Third to the Person that shall sue for the same in any of His Majesty's Courts in the Plantation where such Offence shall be committed. 12 Car. 2. c. 18. § 2. 2. Every Person, although an Alien born, and neither naturalized nor made a free Denizen, who shall reside in any Island or Place which has surrendered in the West Indies, or which shall hereafter surrender to His Majesty, and be in His Majesty's Possession, and who shall have taken the Oath of Fidelity and Allegiance to His Majesty, according to the Terms of the Capitulation under which such Island or Place shall have surrendered, shall from the Time of such Surrender be entitled to exercise the Trade of a Merchant or Factor in any such Island or Place, so long as the same shall remain in the Possession or be under the Protection of His Majesty, according to such Laws and Regulations as His Majesty's Subjects shall be liable to in the same Island or Place. 34 Geo. 3. c. 42. § 6. 3. If any of the King's Subjects within this Kingdom, being an Artificer or Manufacturer of or in Wool, Iron, Steel, Brass, or any other Metal, Clockmaker, Watchmaker, or any other Artificer or Manufacturer of Great Britain, shall go into any Country out of His Majesty's Dominions there to use or teach any of the said Trades or Manufactures to Foreigners, or shall not return within Six Months after Warning given him by the British Ambassador, Minister, or Consul, or any Person authorized by him, or by a Secretary of State, and from thenceforth continually inhabit in this Realm, he shall be deemed an Alien. 5 Geo. 1. c. 27. § 3. 4. The Children of natural-born Subjects, born out of the Legiance of the Crown of Great Britain, shall be entitled to the Rights and Privileges of natural-born Subjects of Great Britain, and shall be taken to be naturalborn Subjects, as if born in this Kingdom; provided that nothing in these Acts shall repeal or alter 5 Geo. 1. c. 27. relative to Artificers or Manufacturers. (See No. 3.) 7 Ann. c. 5. § 3. 4 Geo. 2. c. 21. § 1. 6. 13 Geo. 3. c. 21.1. the Penalties of 5. Provided that Children born out of the Legiance of But Children of the Crown of Great Britain, are not to be deemed natural- Persons liable to born Subjects, whose Fathers at the Time of the Birth of Treason or such Children were attainted of High Treason, or liable Felony, or in to the Penalties of High Treason or Felony in case of the Service of a Foreign Prince, returning to this Kingdom, or whose Fathers at the Time deemed Aliens. of the Birth of such Children were or shall be in the Service of any Foreign Prince or State then in Enmity with Great Britain. 7 Ann. c. 5. § 3. 4 Geo. 2. c. 21. § 2. 13 Geo. 3. c. 21. § 2. board Trading vateers for Two Years deemed British. 6. His Majesty may at all Times, when it shall be Seamen serving found necessary to declare War against any Foreign during War on Power, publish a Proclamation to permit all Merchant Ships or PriShips and other Trading Vessels and Privateers to be manned with Foreign Mariners and Seamen during such War; and upon the publishing such Proclamation every such Mariner and Seaman who shall have faithfully served during the Time of War on board any of His Majesty's Ships of War, or any Merchant or other Trading Ship or Privateer (which at the time of such Service shall belong to any of His Majesty's Subjects of Great Britain) for Two Years, shall be deemed to be a natural-born Subject of Great Britain, and enjoy all the Privileges, Powers, Rights, and Capacities which he would have enjoyed in case he had been a natural-born Subject of His Majesty, and actually a Native within Great Britain. 13 Geo. 2. c. 3. § 2. 4. 7. No Person who shall be naturalized by virtue of this Act shall thereby be enabled to be of the Privy Council, or a Member of either House of Parliament, or to take any Office or Place of Trust either Civil or Military, or have any Grant of Lands, Tenements, or Hereditaments from the Crown to himself, or any other Person in Trust for him. 13 Geo. 2. c. 3. §3. Naturalized Per sons disqualified from being Offi cers of State, Members of Parliament, holding Offices having Grants of Trust, or of Land. Having resided Seven Years in 8. All Persons born out of the Legiance of His Majesty, having resided for Seven Years or more in any His Majesty's of His Majesty's Colonies in America, and who shall Colonies in not have been absent longer than Two Months at any America, and one time during the Seven Years, and shall take and taken certain Oaths, &c. to he subscribe the Oaths, and repeat and subscribe the Decla- deemed British ration appointed by 1 Geo. 1. ch. 13, and shall make and subscribe the Declaration of Fidelity, and take the Ab B 2 juration Subjects. Protestants who scruple the taking of an Oath. juration Oath, and also make and subscribe the Profession of his Christian Belief, before the Chief Judge or other Judge of the Colony wherein such Persons have so resided, shall be taken to be His Majesty's naturalborn Subjects of this Kingdom to all Intents and Purposes, as if born within this Kingdom; which said Oath or Affirmation, and Subscription of the said Declarations, the Judge of the Colony is empowered to administer and take; and the taking and subscribing of every such Oath or Affirmation, and the repeating and subscribing every such Declaration, shall be before such Judge in open Court, between the Hours of Nine and Twelve in the Forenoon, and shall be entered in the same Court, and also in the Secretary's Office of the Colony wherein such Person shall so reside; and every Judge of such Colony is required to make a proper Entry thereof in a Book to be kept for that Purpose in the said Court, for which Two Shillings and no more shall be paid, under Forfeiture of Ten Pounds for every Neglect or Omission ; and every Secretary of the Colony wherein any Person shall so take the said Oaths or Affirmation, and repeat and subscribe the said Declarations respectively, is required to make a proper Entry thereof in a Book to be kept for that Purpose in his Office, upon Notification thereof to him by the Judge, under the like Forfeiture for every Neglect or Omission. 13 Geo. 2. c. 7. § 1. 9. All Foreign Protestants who conscientiously scruple the taking of an Oath, having resided for the Space of Seven Years or more in any of His Majesty's Colonies in America, and not been absent longer than Two Months at any one Time, and who shall subscribe the Declaration of Fidelity, and affirm the Effect of the said Abjuration Oath, and also subscribe the Profession of his Christian Belief before the said Judge, shall be taken to be natural-born Subjects of this Kingdom to all Intents and Purposes; which said Affirmation and Subscription of the said Declaration the Judge is empowered to administer and take; and the taking of such Affirmation, and the subscribing of such Declaration, shall be in such Manner and Place, and at such Times and Hours and such Entries made thereof, and for the same Fees, and under the same Penalties, as mentioned in 13 Geo. 2. c. 7. (See No. 8.) 20 Geo. 2. c. 44. § 1. Persons natural- 10. No Persons, except Quakers, and such as profess ized by virtue of the Jewish Religion, shall be naturalized by virtue of these crament, except these Acts, unless they shall have received the Sacrament these Acts must of the Lord's Supper in some Protestant and Reformed receive the SaCongregation within this Kingdom, or within some of Quakers and the said Colonies in America, within Three Months next Jews. before their taking and subscribing the said Oaths, or making such Affirmation, and making and subscribing the said Declaration, and who shall at the Time of taking and subscribing the said Oaths, and making and subscribing the said Declaration, produce a Certificate signed by the Person administering the said Sacrament, and attested by Two credible Witnesses, whereof an Entry shall be made in the Secretary's Office of the Colony wherein such Persons shall so reside, as also in the Court where the said Oaths shall be so taken, without any Fee or Reward. 13 Geo. 2. c. 7. §2. 20 Geo. 2. c. 44. § 2. 11. Whenever any Person professing the Jewish Religion shall present himself to take the Oath of Abjuration, the Words (" upon the true Faith of a Christian ") shall be omitted, and the taking and subscribing the said Oath by such Person professing the Jewish Religion without the Words aforesaid, and the other Oaths appointed by the said Act, in like Manner as Jews were permitted to take the Oath of Abjuration, shall be deemed a sufficient taking the Oaths to entitle him to the Benefit of being naturalized. 13 Geo. 2. c. 7. § 3. 12. A Testimonial or Certificate under the Seal of any of the said Colonies, of any Person's having resided there for Seven Years or more, to be specified in such Certificate, together with the particular Time of Residence in each Colony (whereof the Colony, under the Seal of which such Certificate shall be given, shall be one), and of his having taken and subscribed the said Oaths or Affirmation, and made and subscribed the said Declaration; and in case of a Quaker, of his having made and subscribed the Declaration of Fidelity, and taken and affirmed the Effect of the Abjuration Oath; and in the Case of a Person professing the Jewish Religion, of his having taken the Oath of Abjuration as aforesaid, within the same Colony under the Seal whereof such Certificate shall be given, shall be deemed to be a sufficient Testimony and Proof thereof, and of his being a natural-born Subject of Great Britain to all Intents and Purposes, and as such shall be allowed in every Court within Great Britain and Ireland, or in the said Colonies in America. 13 Geo. 2. c. 7. § 4. B 3 13. Secre Jews taking the Oath of Ab juration. Certificate of Qualification as British Subjects, |