Chap. 0026 AN ACT TO PREVENT THE EXPORTATION OF PROVISIONS FOR SUPPLYING HIS MAJESTY'S ENEMIES.
Whereas, the supplying his majesty's enemies with any provisions whatsoever, may be of dangerous consequence during the present war,
Be it enacted by His Excellency the Governour, Council and Representatives in General Court assembled, and by the authority of the same,
[Sect. 1.] That, from and after the publication of this act, no ship or other vessel be permitted to take on board any wheat or other grain, bread, flower, beef, pork, fish or any other provision of any sort, nature or kind whatsoever, unless bond be first given by the master of such ship or vessel, with one sufficient surety, to the impost officer or his deputy, in the sum of two thousand pounds sterling, for each vessel of or above one hundred tons, and one thousand pounds sterling, for each vessel under that burthen, that all such provisions shall be landed in some place within his majesty's dominions, or delivered to some of his majesty's ships of war, or some of his majesty's officers in the land service (the danger of the seas excepted), and that the master of every ship or vessel already loaden or now taking in their lading, give bond as before expressed ; and that a legal certificate of the landing, discharging or delivering said provisions accordingly, shall, within eighteen months from the date hereof, be produced and brought to the said impost officer or his deputy : and, upon such certificate's being produced, said impost officer or his deputy is hereby impowered and directed to cancel such bond. The impost officer's fee for taking such bond shall be four shillings, old tenor bills, and no more.
And be it further enacted by the authority aforesaid,
[Sect. 2.] That eveiy master of a ship or other vessel, before clearing at the impost office, shall give in to the commissioners of said office, under his hand, a true manifest of all the provisions of all sorts taken on board for exportation : and shall also make oath that the said manifest contains a just and true accompt. to the best of his knowledge, of all the provisions of any kind or sort whatsoever taken on board said ship or vessel, and that, if he shall know of any more provisions of any sort or kind taken on board, or to be taken on board before his leaving the port, he will add them to said manifest.
And be it further enacted by the authority aforesaid.
[Sect. 3.] That, if any person shall presume to take or load any provisions on board any vessel, before he has first given bond, as aforesaid, such provision, together with the said vessel, tackle and appurtenances, shall be forfeited, and may be seized by the governour or com-mander-in-cheif for the time being.' or any person or persons by him authorized in that behalf, or by warrant of any justice of the peace (which warrant such justice is hereby impowered and required to give upon request), or by any impost officer, or any person or persons under him or them accompanying, aiding and assisting; and all and every such offence and forfeiture shall and may be prosecuted for and recovered in any court of record in the county where such offence is committed ; and such penalties and forfeitures so" recovered shall be divided as follows ;
viz1., two-third parts thereof, for the use of his ruajest}', to be applyed for the support of this government, and the other third part to the informer or prosecutor who shall sue for the same.
And for the eifectual carrying this act into execution,
Be it farther enacted,
[Sect. 4.] That the expence of prosecuting any offence against this act, be paid, in the first place, out of the part of the penalty and forfeiture hereby given and granted to his majesty.
And he it farther enacted by the authority aforesaid,
[Sect, o.] That the naval officer within any of the ports of this province shall not clear or give passes to any master of any ship or vessel outward bound, until it be certified, by the commissioner or receiver of the impost, that bond is given, as afore-expressed : saving, nevertheless, a libert}r of transporting fish to any part of Europe or Africa, altho inhabited by forreigners, if" not at war with his majest}*, the master giving bond that such fish shall not be sold, delivered or landed to or for any forreigners in America.
[Sect. 0.] This act to continue and be in force until the end of the sessions of this court in May next, and no longer.  [Passed April 10,1741.