Page:American Archives, Series 4, Volume 1.djvu/94

From Wikisource
Jump to: navigation, search
This page has been proofread, but needs to be validated.
63
64
BOSTON PORT BILL.

officer, of his Majesty's fleet or ships of war, or for any officer of his Majesty's customs, to compel such ship or vessel to depart to some other port or harbour, or to such station as the said officer shall appoint, and to use such force for that purpose as shall be found necessary: and if such ship or vessel shall not depart accordingly, within six hours after notice for that purpose given by such person as aforesaid, such ship or vessel, together with all the goods laden on board thereon, and all the guns, ammunition, tackle and furniture, shall he forfeited and lost, whether bulk shall have been broken or not.

Provided always, That nothing in this Act contained shall extend, or be construed to extend, to any military or other stores for his Majesty's use, or to the ships or vessels whereon the same shall be laden, which shall be commissioned by, and in the immediate pay of, his Majesty, his heirs and successors: nor to any fuel or victual brought coastways from any part of the Continent of America, for the necessary use and sustenance of the inhabitants of the said town of Boston: provided the vessel wherein the same are to be carried, shall be duly furnished with a cocket and let-pass, after having been duly searched by the proper officers of his Majesty's customs at Marblehead, in the port of Salem, in the said Province of Massachusetts Bay; and the same officer of his Majesty's Customs be also put on board the said vessel, who is hereby authorized to go on board, and proceed with the said vessel, together with a sufficient number of persons, properly armed, for his defence, to the said town or harbour of Boston; nor to any ships or vessels which may happen to be within the said harbour of Boston, on or before the the first day of June, 1774, and may have either laden or taken on board, or be there with intent to load or take on board, or to land or discharge any goods, wares, and merchandise, provided the said ships and vessels do depart the said harbour within fourteen days after the first day of June, 1774.

And be it further enacted by the authority aforesaid, That all seizures, penalties, and forfeitures, inflicted by this Act, shall be made and prosecuted by any Admiral, Chief Commander, or commissioned officer, of his Majesty's fleet, or ships of war, or by the officers of his Majesty's Customs, or some of them, or by some other person deputed or authorized, by warrant from the Lord High Treasurer, or the Commissioners of his Majesty's Treasury, for the time being, and by no other person whatsoever; and if any such officer, or other person authorized as aforesaid, shall directly or indirectly, take or receive any bribe or reward, or connive at such lading or unlading, or shall make or commence any collusive seizure, information, or agreement, for that purpose, or shall do any other act whatsoever, whereby the goods, wares, or merchandise, prohibited as aforesaid, shall be suffered to pass either inwards or outwards, or whereby the forfeitures and penalties inflicted by this Act may be evaded, every such offender shall forfeit the sum of five hundred pounds for every such offence, and shall become incapable of any office or employment, civil or military; and every person who shall give, offer, or promise, any such bribe or reward, or shall contract, agree, or treat with, any person, so authorized as aforesaid, to commit any such offence, shall forfeit the sum of fifty pounds.

And be it further enacted by the authority aforesaid, That the forfeitures and penalties inflicted by this Act shall and may be prosecuted, sued for, and recovered, and be divided, paid, and applied, in like manner, as other penalties and forfeitures inflicted by any Act or Acts of Parliament, relating to the trade or revenues of the British Colonies, or Plantations in America, are directed to be prosecuted, sued for, or recovered, divided, paid and applied, by two several Acts of Parliament, the one passed in the fourth year of his present Majesty, intituled "An Act for granting certain Duties in the British Colonies and Plantations in America; for continuing, amending, and making perpetual, an Act, passed in the sixth year of the Reign of his late Majesty King George the Second, intituled, An Act for the better securing and encouraging trade of his Majesty's Sugar Colonies in America; for applying the produce of such duties, and of the duties to arise by virtue of the said Act, towards defraying the expense of defending, protecting, and securing, the said Colonies and Plantations; for explaining an Act made in the twenty-fifth year of the Reign of King Charles [64]the Second, intituled, An Act for the encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trade; and for altering and disallowing several drawbacks on exports from this Kingdom, and more effectually preventing the clandestine conveyance of goods to, and from, the said Colonies and Plantations, and improving and securing the trade between the same and Great Britain;" the other passed in the eighth year of his present Majesty's Reign, intituled, "An Act for the more easy and effectual recovery of the penalties and forfeitures inflicted by the Acts of Parliament, relating to the trade or revenues of the British Colonies and Plantations in America."

And be it further enacted by the authority aforesaid, That every charter party bill of loading, and other contract, for consigning, shipping, or carrying any goods, wares, and merchandise, whatsoever, to or from the said town of Boston, or any part of the bay or harbour thereof, described as aforesaid, which have been made or entered into, or which shall be made or entered into, so long as this Act shall remain in full force, relating to any ship which shall arrive at the said town or harbour, after the first day of June, 1774, shall be, and the same an hereby declared to be, utterly void, to all intents and purposes whatsoever.

And be it further enacted by the authority aforesaid, That whenever it shall be made to appear to his Majesty, in his Privy Council, that peace and obedience to the laws shall be so far restored in the said town of Boston, that the trade of Great Britain may be safely carried on there, and his Majesty's customs duly collected, and his Majesty, in his Privy Council, shall adjudge the same to be true, it shall and may be lawful for his Majesty, by Proclamation, or Order of Council, to assign and appoint the extent, bounds and limits, of the port or harbour of Boston, and of every creek or haven within the same, or in the islands within the precinct thereof; and also to assign and appoint such and so many open places, quays, and wharfs, within the said harbour, creeks, havens, and islands, for the landing, discharging, lading, and shipping of goods, as his Majesty, his heirs, or successors, shall judge necessary and expedient; and also to appoint such and so many officers of the Customs therein, as his Majesty shall think fit; after which it shall be lawful for any person or persons to lade or put off from, or to discharge and land upon, such wharfs, quays, and places, so appointed, within the said harbour, and none other, any goods, wares, and merchandise, whatsoever.

Provided always, That if any goods, wares or merchandise, shall be laden or put off from, or discharged or landed upon, any other place than the quays, wharfs, or places, so to be appointed, the same, together with the ships, boats, and other vessels employed therein, and the horses, or other cattle and carriages used to convey the same, and the person or persons concerned or assisting therein, or to whose hands the same shall knowingly come, shall suffer all the forfeitures and penalties imposed by this or any other Act on the illegal shipping or landing of goods.

Provided also, And it is hereby declared and enacted, that nothing herein contained shall extend or be construed, to enable his Majesty to appoint such port, harbour, creeks, quays, wharfs, places, or officers, in the said town of Boston, or in the said bay or islands, until it shall sufficiently appear to his Majesty, that full satisfaction hath been made by or on behalf of the inhabitants of the said town of Boston, to the United Company of merchants of England, trading to the East Indies, for the damages sustained by the said Company, bv the destruction of their goods sent to the said town of Boston, on board certain ships or vessels, as aforesaid; and until it shall be certified to his Majesty, in Council, by the Governor, or Lieutenant Governor, of the said Province, that reasonable satisfaction hath been made to the officers of his Majesty's Revenue and others, who suffered by the riots and insurrections above mentioned, in the months of November and December, in the year 1773, and in the month of January, in the year 1774.

And be it further enacted, by the authority aforesaid, That if any action or suit shall be commenced, either in Great Britain or America, against any person or persons, for any thing done in pursuance of this Act of Parliament,