parliament; and to declare the ile of Malta to be part of

Europe. [July 2, 1801.]

HEREAS the island of Malta, with the dependencies thereof, Preamble. are now in the poffeffion of his Majefty, and it is expedient, under the prefent circumstances, that the trade and commerce to and from the fame fhould be regulated for a certain time in fuch manner as fhall feem proper to his Majesty, by and with the advice of his privy council, notwithflanding the special provifions of any act or acts of parliament that may be conftrued to affect the fame; be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That, from and after the paffing of this His Majesty act, and until the figning a definitive treaty of peace, and from may, by order in council, thence until fix weeks after the next meeting of parliament, it make fuch fhall and may be lawful for his Majefty, by and with the advice regulations of his privy council, by any order or orders to be iffued from touching the time to time, to give fuch directions and make fuch regulations trade to and touching the trade and commerce to and from the said ifle and fhall appear the dependencies thereof, as to his Majefty in council fhall ap- expedient. pear most expedient and falutary, any thing contained in an act paffed in the twelfth year of the reign of his majesty King Charles the Second, intituled, An act for the encouraging and increafing of shipping and navigation; or in an act paffed in the feventh and eighth years of the reign of his majesty King William the Third, intituled, An act for preventing frauds and regulating abufes in the plantation trade; or any other act or acts of parliament now in force relating to his Majefty's colonies and plantations, or any other act or acts of parliament, law, usage, or cuftom to the contrary in anywife notwithstanding.

from Malta as

II. And be it further enacted, That if any goods, wares, or Goods immerchandize whatever fhall be imported into, or exported from, ported or exported conany place or places, part of the faid ifland or its dependencies, trary to any or fhall be exported from any part of his Majesty's dominions fuch order in to any of the faid places, or if any goods, wares, or merchan- council, thall dize fhall be fo imported or exported in any manner whatever, be forfeited. contrary to any fuch order or orders of his Majefty in council, the fame fhall be forfeited, together with the ship or vessel in which fuch goods, wares, or merchandize thall respectively be imported or exported, with all her guns, ammunition, furniture, tackle, and apparel; and every fuch forfeiture shall and may be fued for, profecuted, and recovered by fuch and the like ways, means, and methods, as any forfeiture incurred by any law refpecting the revenue of customs may be fued for, profecuted, and recovered in places where refpectively the offences fhall be committed; and the produce thereof fhall be difpofed of, paid, and applied in like manner in the faid places refpectively; any law, ufage, or custom to the contrary in anywife notwithstanding.

III. And be it further enacted, That the faid island of Malta Malta fhall be and dependencies thereof, fhall be deemed, taken, and conftrued deemed part. of Europe,

to

to be part of Europe for all purposes, and as to all matters and things whatever; any law or laws, ufage or cuftom, or act or aets, to the contrary thereof notwithstanding.

Preamble.

CA P. CIV.

An al for indemnifying fuch perfons as have afled fince the twentyfifth day of March one thousand feven hundred and ninety-nine, for the prefervation of the publick peace, and suppression of infurrections and rebellion prevailing in feveral diftricts of that part of the united kingdom called Ireland,-[July 2, 1801.].

HEREAS a moft daring and unnatural rebellion broke out in that part of the united kingdom called Ireland, on the twenty-third day of May one thousand feven hundred and ninetyeight, and feveral diftrials within the fame have fince continued to be disturbed by traiterous confpiracies and infurrections, whereby the perfons and properties of many of his Majesty's peaceable and loyal Jubjects have been grievously injured, and many of them have loft their lives: and whereas feveral officers civil and military, and other perfons, in order to preserve the publick peace, the lives and properties of bis Majefty's peaceable and loyal fubjects, and to suppress the said. rebellion, have apprehended feveral perfons fufpected of being concerned in the faid infurrections and rebellion, without due authority required by law, and have done divers other acts in fuppreffion of the fait infurrections and rebellion not justifiable by law; which feveral alls were fo much for the publick fervice, and fo necessary for the fuppreffion of fuch infurrections and rebellion, that the perfons by whom they were tranfacted ought to be indemnified; be it therefore enacted by the King's moft excellent majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the autho rity of the fame, That all perfonal actions and fuits, all indictments, informations, attachments, profecutions, and proceedings whatfoever, judgements and orders, if any be, againft fuch officers civil or military, or other perfons as aforefaid, for or by reason of any matter or thing commanded, ordered, directed, or done fince the twenty-fifth day of March one thousand feven hundred and ninety-nine, in order to fupprefs the faid infurrections and fupprefs in- rebellion, and for the prefervation of the publick peace in that furrection and part of the united kingdom called Ireland, fhall be discharged Ireland, fhall and made void, and that every perfon by whom any fuch act, be made void, matter, or thing thall have been advifed, commanded, ordered, and fuch of directed, or done for the purposes aforefaid, fince the twentyficers and per fifth day of March one thousand feven hundred and ninety-nine, fhall be freed, acquitted, and indemnified, as well against the King's most excellent majefty, his heirs and fucceffors, as against all and every other perfon and perfons whomfoever.

All actions, &c. againft Civil or military officers, or other perfons, for any thing done fince March

25, 1799, to

rebellion in

fons indem

pified.

Perfons

against whom actions fhall

II. And be it further enacted, That if any profecution, action, or fuit, criminal or civil, hath been or fhall be inftituted, combe brought, menced, or profecuted against any person for any fuch act, matmay plead the ter, or thing fo advised, commanded, ordered, directed, or done,

for

double cofts.

for the purposes aforefaid, or any of them, in that part of the general iffue, united kingdom called Ireland, fince the twenty-fifth day of and have March one thousand seven hundred and ninety-nine, he or she may plead the general iffue, and give this act and the fpecial matter in evidence; and if the plaintiff or plaintiffs in any such action fhall become non-fuit, or forbear further profecution, or fuffer discontinuance, or if a verdict fhall be found against fuch plaintiff or plaintiffs, the defendant or defendants shall recover his, her, or their double cofts, for which he, fhe, or they fhall have the like remedy as in other cases in which cofts are given by law to defendants.

III. And be it further enacted, That if any action, fuit, in- Defendants dictment, information, profecution, or other proceeding hath in actions been or shall be brought, commenced, preferred, exhibited, or courts to have may apply to had in any court in that part of the united kingdom called Ire- proceedings land, against any perfon or perfons, for or on account of any itayed, &c. fuch act, matter, or thing as aforefaid, it fhall be lawful for the defendant or defendants in any fuch action, fuit, indictment, information, profecution, or proceeding, or for any of them, to apply by motion, petition, or otherwife, in a fummary way to the court, in which the fame hath been or fhall be brought, commenced, preferred, exhibited, or had, or thall be depending, if fuch court fhall be fitting, and if not fitting, then to any one of the judges or juftices of fuch court, to ftay all further proceedings in fuch action, fuit, indictment, information, profecution, or proceeding; and fuch court or any judge or juftice thereof, when the faid court fhall not be fitting, is hereby respectively authorised and required to examine the matter of fuch application, and upon proof by the oath or affidavit of the perfon or perfons making fuch application, or of any of them, or upon any other proof made to the fatisfaction of fuch court, judge, or justice respectively, that fuch action, fuit, indictment, information, profecution, or proceeding respectively is brought, commenced, preferred, exhibited, or had, for or on account of any fuch act, matter, or thing as aforefaid, to make an order for staying execution, and all other proceedings in fuch action, fuit, indictment, information, profecution, or proceeding, in whatever ftate the fame fhall or may refpectively then be, and although judgement fhall have been entered up of record or given, or any writ of error or appeal shall have been brought or made, or fhall be depending therein; and the court, or judge or justice making fuch order for ftay of proceedings, fhall alfo order unto the defendant or defendants, and he, the, or they fhall refpectively have and be entitled to double costs for fuch proceedings, as fhall have been had or carried on respectively, in any fuch action, fuit, indictment, information, profecution, or other proceeding, after the paffing of this act; for which cofts he, she, or they refpectively fhall have like remedy, as in cafes where cofts are by law given to defendants. IV. Provided always, and be it enacted, That it fhall be may be made Application lawful for any perfon or perfons being a party or parties to any to have any fuch order for

ftaying proceedings, vacated, &c.

fuch action, fuit, indictment, information, profecution, or other proceeding, to apply by motion, petition, or otherwife in a fummary way to the court in which the fame fhall have been brought, commenced, preferred, exhibited, or had, or shall be depending, to vacate, difcharge, or fet afide any order made as aforefaid, by any judge or juftice of that court, for staying proceedings, or for payment of cofts as aforefaid, fo as fuch application fhall be made within the firft ten days on which fuch court fhall fit next after the making of any fuch order by any judge or justice as aforefaid; and fuch court is hereby authorised and required to examine the matter of fuch application, and to make fuch order therein as if the application had been made originally to the faid court; but nevertheless and in the mean time, and until fuch application fhall be made to the faid court, and unless the faid court fhall think fit to vacate, discharge, fet afide, or reverfe fuch order, made by any judge or juftice as aforefaid, the fame hall continue in full force to all intents and purposes whatever.

Preamble.

Judges of Scotland or Ireland to whom bills refpecting lands may be referred by the houfe of

lords, may

examine witneffes on oath,

as if fworn at the bar of that houfe.

CA P. CV.

An act to authorife the judges to whom petitions for certain bills shall be referred, to examine witnesses upon oath.-[July 2, 1801.]

THEREAS it is expedient that the judges to whom any peti

tion for any bill concerning lands or hereditaments in that part of the united kingdom called Ireland, or concerning lands, hereditaments, or other heritable fubjects in that part of the united kingdom called Scotland, ball be referred by the lords fpiritual and temporal, in parliament affembled, fhould be authorised to adminifter an oath to all fuch witneffes as may be examined before them, touching the matter of fuch petition; may it therefore pleafe your Majesty that it may be enacted, and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That it shall be lawful for any one or more of the faid judges of that part of the united kingdom called Scotland, to whom any petition for any bill concerning lands, hereditaments, or other heritable fubjects in that part of the united kingdom called Scotland, fhall be referred by the lords fpiritual and temporal, in parliament affembled, and for any one or more of the judges of that part of the united kingdom called Ireland, to whom any fuch petition concerning lands or other hereditaments in that part of the united kingdom called Ireland, fhall be referred as aforefaid, to examine upon oath all fuch witneffes as fhall be produced before them, touching the matter of fuch petition and reference, and for that purpofe to adminifter an oath accordingly; and every oath which fhall be fo taken fhall be as available and effectual to all intents and purposes, and every perfon who fhall take fuch oath fhall be punithable for any falfe evidence he fhall give under fuch oath, in the fame manner as if the faid oath had been adminis

tered

tered to the witness taking the fame at the bar of the house of lords.

CA P. CVI.

An act to fecure certain perfons born within the territories of France, and other perfons therein defcribed, from imprisonment for debts contracted in parts beyond the feas, other than the dominions of his Majesty.-[July 2, 1801.]

WHE

c.

THEREAS divers perfons who were born in the dominions of Preamble. his late moft chriftian majesty, or who having been born within the dominions of the King's most excellent majefly, paffed into the dominions of his faid most chriftian majefly before they had attained the age of fifteen years, and who have quitted their respective countries by reafon of the revolution or troubles in France, or in countries conquered by the arms of France, have been and are liable to be arrefted, imprisoned, or held to bail by reafon of debts or other causes of action contracted or arifing in parts beyond the feas, other than the dominions of his Majefty, by reafon that fuch perfons were born of parents fubjects of his Majefty, and are not aliens within the true intent and meaning of an act passed in the thirty-eighth year of the reign of his prefent Majefty, intituled, An act to continue, until 38 Geo. 3. the first day of August one thoufand eight hundred, and until the C. 77, recited. end of the then next feffion of parliament, and amend an act made in the thirty-third year of the reign of his prefent Majefty, intituled, An act for establishing regulations refpecting aliens arriving in this kingdom, or refident therein in certain cafes:' and whereas it is expedient that fuch perfons fhould be entitled to the privileges in that act contained, fo far as the fame relate to fuch debts or caufes of action; may it therefore pleafe your Majesty that it may be enacted; and be it enacted by the King's molt excellent majesty, by and with the advice and confent of the Jords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from Subjects of and after the paffing of this act, all fuch perfons who were born his late moft chriftian main any of the countries fubject to his late moft chriftian majefty, jefly, who or who having been born within the dominions of the King's have quitted moft excellent majefty, paffed into the dominions of his faid their refpecmoft chriftian majefty, under the age of fifteen years, and who tive countries have bond fide refided in fuch countries, as fubjects of his faid by reafon of late moft chriftian majefty, although born of parents fubjects of in France, or his Majesty or his predeceffors, who fhall have quitted their countries respective countries by reafon of any revolution or troubles in conquered by France, in countries conquered by the arms of France, fhall not liable to be be liable to be arrested, imprifoned, or held to bail, or to find arrefted, &c. any caution for their forthcoming or paying any debt, nor to be for debt contaken in execution on any judgement, or by any caption for or tracted in by reafon of any debt or other cause of action, contracted or tries; and if afifing in any parts beyond the feas, other than the dominions arrefted, &c. of his Majefty, while fuch perfons were not within the dominions fhall be difof his Majefty; and in cafe any fuch perfon fhall have been or charged.

fhall

the revolution

France, not

fuch coun