1808: 48 George 3 c.34: Prohibition of exportation of Cotton Wool.

1808: 48 George 3 c.34: An act to prohibit, until the end of the next session of Parliament, the exportation of cotton wool from Great Britain.

[14th April, 1808.]

Whereas it is expedient to prohibit, for a limited time, the exportation of cotton wool from Great Britain, except in the manner hereinafter mentioned: Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this act, no person or persons whatever shall, directly or indirectly, export, carry, or convoy, or cause or procure to be exported, carried, or conveyed out of or from any port or place in Great Britain, or shall load or lay on board, or cause or procure to be laden or laid on board, in any ship, or other vessel or boat, any cotton wool, in order to be carried, exported, or conveyed out of any such port or place, except to Ireland, and also except as hereinafter is provided.

2. Provided always, and be it further enacted, That it shall be lawful for His Majesty, by any license under his royal sign-manual, to authorize any person to export from Great Britain, for his or their own account, or for account of any subject or subjects of any State in amity with His Majesty, any cotton wool, under such regulations, restrictions, and securities, as may be specified in the said license.

3. And be it further enacted, That all cotton wool, which shall be so exported, carried, or conveyed in or laid on board any ship, or other vessel or boat, in order to be exported, carried, or conveyed out of Great Britain, contrary to this act, shall be forfeited; and that every offender therein shall forfeit also the sum of forty shillings for every pond weight of such cotton wool which shall be so exported, carried, or conveyed, so laden in, or laid on board any ship, or other vessel or boat, in order to be exported, carried, or conveyed out of Great Britain; and also the ship, vessel, or boat, wherein the same shall be exported, or in or upon which the same shall be laden or laid, in order to be exported, together with her guns, furniture, ammunition, tackle, and apparel, shall be forfeited; and the same respectively may be seized by any officer or officers of the customs.

4. Provided always, and be it further enacted, That nothing in this act contained shall extend to prevent any cotton wool being carried coastwise, upon any certificate which shall be directed to be given by the commissioners of the customs in that behalf.

5. And be it further enacted, That all penalties and forfeitures created and incurred by this act shall and may be sued for, prosecuted, recovered, and disposed of, in such manner, and by such ways, means, and methods, as any penalties incurred on any goods, ships, or vessels, forfeited for any offence against the law of customs, may now be legally sued for, prosecuted, recovered, and disposed of; and the officer or officers concerned in seizures or prosecutions under this act, shall be entitled to and receive such share of the produce arising from the seizures as they are now by law entitled to, upon prosecution of seizures for unlawful importation, and to such share of the produce arising from any pecuniary fine or penalty, or composition paid for any offence against this act, as they are now by any law or regulation entitled to upon prosecution for pecuniary penalties.

6. And be it further enacted, That all personal actions and suits, indictments, informations, and all prosecutions and proceedings whatsoever, which have been, or shall hereafter be prosecuted or commenced against any person or persons, for having refused to receive any entry or entries for the exportation of any cotton wool, or to clear out any ship or vessel laden with cotton wool intended to be exported before the passing of this act, are and shall be discharged and made void by virtue of this act; and that if any action or suit shall be prosecuted or commenced against any person or persons, for or by reason of any such act, matter, or thing, he, she, or they may plead the general issue, and give this act and the special matter in evidence; and if the plaintiff or plaintiffs, in any action or suit so to be prosecuted or commenced, shall become nonsuit, or forbear further prosecution, or suffer discontinuance, or if a verdict pass against such plaintiff or plaintiffs, the defendant or defendants shall recover his, her, or their double costs, for which he, she, or they shall have the like remedy as in cases where the costs by law are given to the defendant.

7. And be it further enacted, That this act may be altered, amended, or repealed by any act or acts to be made in this present session of Parliament.

8. And be it further enacted, That this act shall continue and be in force until the end of the next session of Parliament.

Source: The Napoleon Series, taken from American State Papers, Foreign Relations, vol. 3.