Historical Documents

of the United States of America

The Iron Act ~ 1750

Enacted 24 June 1750

 

The Iron Act of 1750 was intended to encourage the production of pig and bar iron in the American Colonies to be exported to the iron and steel mills in the English Midlands. Pig and bar iron would be permitted to be exported to England duty free. But, interestingly, the Act also was intended to discourage any increase in iron-finishing throughout the Colonies. The Act aimed to prevent the erection of any new rolling and slitting mills, steel furnaces and tilt-hammer forges in the Colonies.
 : : : : :The Iron Act of 1750 was repealed by the passage of another Act in 1757, at which time the duties, previously imposed on imports of colonial bar and pig iron into English ports, were removed.

 

     An act to encourage the importation of pig and bar iron from his Majesty’s colonies in America; and to prevent the erection of any mill or other engine for slitting or rolling of iron; or any plateing forge to work with a tilt hammer; or any furnace for making steel in any of the said colonies.
 
     Whereas the importation of bar iron from his Majesty’s colonies in America, into the port of London, and the importation of pig iron from the said colonies, into any port of Great Britain, and the manufacture of such bar and pig iron in Great Britain, will be a great advantage not only to the said colonies, but also to this kingdom, by furnishing the manufacturers of iron with a supply of that useful and necessary commodity, and by means thereof large sums of money, now annually paid for iron to foreigners, will be saved to this kingdom, and a greater quantity of the woollen, and other manufactures of Great Britain, will be exported to America, in exchange for such iron so imported; 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 twenty
 
     II. And be it further enacted by the authority aforesaid, That no such bar iron so imported into the port of London, shall be afterwards exported, or shall be carried coastwise to be landed at any other port of place of Great Britain, except for the ise of his Majesty’s dock yards, upon pain, that all such bar iron so exported, or carried coastwise, and every ship or vessel, on board of which any such bar iron shall be so exported, or carried coastwise, shall be subject to such forfeiture and seizure, as any prohibited or uncustomed goods, or any goods clandestinely exported or imported, or any ship or vessel on board of which any such goods shall be exported or imported, are now liable by law; and also upon pain, that every person, so exporting such bar iron, or sending the same coastwise, and the master or commander, and mariners of every ship or vessel, on board of which any such bar iron shall be so exported or carried coastwise, shall be subject to such and the like punishments and penalties as the master or commander, or mariners of any ship or vessel, laden with any prohibited or uncustomed goods, or goods clandestinely exported or imported, are now liable to by law; and that no officer of his Majesty’s customs shall sign or grant any cocquet, sufferance, transire, let-pass, warrant, or certifacte whatsoever, for exporting or carrying coastwise, except for the use of his Majesty’s dock yards, any such bar iron so imported into the port of London, upon pain, that every officer of his Majesty’s customs, so offending, shall forfeit and pay the sum of two hundred pounds, to be sued for and recovered by action, bill, plaint, or information, in any of his Majesty’s courts of record at Westminster, and to be applied, one moiety to the use of his Majesty, his heirs and successors, and the other moiety to such person or persons as shall sue for the same and shall also lose and forfeit his office, and be incapable of serving his Majesty, his heirs or successors, in any office of trust or profit whatsoever; and that if any such cocquet, sufferance, transire, let-pass, warrant, or certificate whatsoever, shall be signed or granted, the same shall be void, and of no effect whatsoever.
 
     III. And be it further enacted by the authority aforesaid, That no bar iron whatsoever shall be permitted to be carried coastwise, unless mention be made in the certificate to be granted for that purpose, of the day on which the subsidies, customs, impositions, rates, and duties, payable upon the importation thereof, were paid, and of the name of the person or persons by whom the same were paid.
 
     IV. And it is hereby further enacted, That no bar iron imported into the port of London, by virtue or in pursuance of this act, shall be carried or conveyed by land carriage to any place beyond ten miles from any part of the port of London, except to his Majesty’s dock yards for the use of his Majesty, his heirs and successors; and if any person or persons shall carry and convey, or cause or procure to be carried or conveyed upon horseback, or in any waggon, cart, or other carriage, any iron so imported, to any place beyond the limits prescribed by this act, every person so offending, shall, for every such offence, forfeit and pay the sum of twenty shillings for every hundred weight of such iron.
 
     V. And that the importers of foreign pig and bar iron, not made in and imported from the said colonies, may not, upon any pretence whatsoever, claim the exemption hereby granted; be it further enacted by the authority aforesaid, That every merchant, trader, factor, or other person, loading any pig or bar iron on board any ship or vessel in any of his Majesty’s colonies in America, shall, before the clearing out of the said ship or vessel for any port of Great Britain, make oath before the governor or lieutenant governor, collector and comptroller of the customs, and naval officer, or any two of them (which oath every such governor or lieutenant governor, collector, and comptroller of the customs, and naval officer, is hereby impowered and required to administer without fee or reward) that the pig or bar iron so shipped, the true weight whereof shall in such oath be expressed, was made at ----------------- within the colony of --------------------- in which oath also the name or names of the person or persons to whom the said iron shall be sold or consigned, shall be expressed; and thereupon the said governor, lieutenant governor, collector, and comptroller of the customs, and naval officer, or any two of them, shall deliver to such merchant, trader, factor, or other person, so making oath as aforesaid, a certificate, under their hands and seal of office, of such oath having been made before them.
 
     VI. And be it further enacted by the authority aforesaid, That no person or persons importing any pig or bar iron into Great Britain from his Majesty’s colonies in America, shall import the same duty-free as aforesaid, unless such pig or bar iron shall be stamped with some mark denoting the colony or place where the same was made; and unless such person or persons shall produce such certificate to the chief officer of the customs at the port of Great Britain where the same shall be imported; and unless oath shall be made before the said chief officer of the customs, by the master or commanding officer of the ship or vessel, importing such pig or bar iron (which oath such chief officer is hereby impowered and required to administer without fee or reward) that the iron so imported is the same iron mentioned in the said certificate.
 
     VII. Provided always, and be it enacted by the authority aforesaid, That all pig or bar iron imported into Great Britain, which shall not be so stamped and certified as aforesaid, to be made in his Majesty’s colonies in America, shall be subject to the payment of the same subsidies, customs, impositions, rates, and duties, to which such iron was liable before the making of this act.
 
     VIII. And be it further enacted by the authority aforesaid, That if any governor, lieutenant governor, collector, or comptroller of the customs, naval officer or chief officer of the customs as aforesaid, shall falsely make any such certificate, every person so offending shall, for every such offence, forfeit and pay the sum of two hundred pounds, and also forfeit and lose his office, and be incapable of serving his Majesty, his heirs and successors in any office of trust or profit; or if any merchant, factor, trader, and master, or commanding officer of any ship or vessel, shall falsely make any oath required by this act, every such offender shall incur the punishment inflicted by the laws of this realm for wilful and corrupt perjury; and if any person shall knowingly counterfeit any such stamp, or shall counterfeit any such certificate, or publish the same, knowing it to be counterfeit, every such person so offending shall incur the punishment inflicted by the laws of this realm for forgery.
 
     IX. And, that pig and bar iron made in his Majesty’s colonies in America may be further manufactured in this kingdom, be it further enacted by the authority aforesaid, That from and after the twenty fourth day of June, one thousand seven hundred and fifty, no mill or other engine for slitting or rolling of iron, or any plateing-forge to work with a tilt hammer, or any furnace for making steel, shall be erected, or after such erection, continued, in any of his Majesty’s colonies in America; and if any person or persons shall erect, or cause to be erected, or after such erection, continue, or cause to be continued, in any of the said colonies, any such mill, engine, forge, or furnace, every person or persons so offending, shall, for every such mill, engine, forge, or furnace, forfeit the sum of two hundred pounds of lawful money of Great Britain.
 
     X. And it is hereby further enacted by the authority aforesaid, That every such mill, engine, forge, or furnace, so erected or continued, contary to the directions of this act, shall be deemed a common nuisance; and that every governor, lieutenant governor, or commander in chief of any of his Majesty’s colonies in America, where any such mill, engine, forge, or furnace, shall be erected or continued, shall, upon information to him made and given, upon the oath of any two or more credible witnesses, that any such mill, engine, forge, or furnace, hath been so erected or continued (which oath such governor, lieutenant governor, or commander in chief, is hereby authorized and required to administer) order and cause every such mill, engine, forge, or furnace, to be abated within the space of thirty days next after such information given and made as aforesaid; and if any governor, lieutenant governor, or commander in chief, shall neglect or refuse so to do, within the time herein before limited for that purpose, every such governor, lieutenant governor, or commander in chief, so offending, shall, for every such offence, forfeit the sum of five hundred pounds of lawful money of Great Britain, and shall from thenceforth be disabled to hold or enjoy any office of trust or profit under his Majesty, his heirs or successors.
 
     XI. And it is hereby further enacted by the authority aforesaid, That the several pernalties and forfeitures by this act inflicted for falsely making any stamp or certificate, herein before directed, or for erecting or continuing any mill, engine, plateing forge, or furnace prohibited by this act, or for refusing or neglecting to abate the same, shall and may be sued for and recovered by action, bill, plaint, or information, in any of his Majesty’s courts of record at Westminster, or in the court of Exchequer in Scotland, or in any of the courts of record in his Majesty’s colonies in America respectively, wherein the offender shall dwell at the time when the offence shall be committed, or at the time when such action, bill, plaint, or information shall be brought; and every such action, bill, plaint, or information, to be brought in Great Britain, shall be laid either in the county where any such offence shall be committed, or where the offender shall dwell at the time when such action, bill, plaint, or information shall be brought.
 
     XII. And be it further enacted by the authority aforesaid, That all such penalties and forfeitures shall be applied, one moiety to the use of his Majesty, his heirs and successors, and the other moiety to such person or persons as shall sue for the same.
 
     XIII. And it is hereby further enacted by the authority aforesaid, That all bar iron which shall be imported from any of his Majesty’s colonies in America into the port of London, by virtue or under the authority of this present act, shall be enetered at the custom-house in London; and every bar of the said iron entered, shall be marked or stamped with such mark or stamp as the commissioners of his Majesty’s customs shall for that purpose order or direct, in three different parts of every such bar (that is to say) two of the said marks or stamps at the distance of one yard from each end of such bar, and the other of them at or near the middle thereof.
 
     XIV. And it is hereby further enacted, That if any person shall counterfeit, or willfully destroy or deface, any of the said marks or stamps, with an intent to convey or carry the same to any place ten miles from any part of the port of London, contrary to the true meaning of this act, every person so offending, and being thereof legally convicted, shall forfeit the sum of one hundred pounds, to be recovered by action of debt, bill, plaint, or information, in any of his Majesty’s courts of record at Westminster; one moiety thereof to his Majesty, his heirs and successors, and the other moiety to such person or persons who shall sue for the same.
 
     XV. And be it further enacted by the authority aforesaid, That from and after the said twenty fourth day of June, every governor or lieutenant governor, or commander in chief of any of his Majesty’s colonies in America, shall forthwith transmit to the commissioners for trade and plantations, a certificate under his hand and seal of office, containing a particular account of every mill or engine for slitting and rolling of iron; and every plateing forge to work with a tilt hammer; and every furnace for making steel, at the time of the commencement of this act, erected in his colony; expressing also in the said certificate such of them as are used, and the name or names of the proprietor or proprietors of each such mill, engine, forge and furnace, and the place where each such mill, engine, forge, and furnace is erected, and the number of engines, forges, and furnaces in the said colony; and if any governor, lieutenant governor, or commander in chief, shall neglect or refuse so to do within six months after the said twenty fourth day of June, every such governor, lieutenant governor, or commander in chief so offending, shall be subject to such penalties and forfeitures, as any governor, or lieutenant governor of any of the said colonies is liable to for any offence committed against this act, to be recovered in like manner, as is by this act directed for the same.
 
     XVI. And be it further enacted by the authority aforesaid, That if any action or suit shall be commenced against any person of persons from any thing done in pursuance of this act, defendant or defendants in any such action or suit may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon; and that the same was done in pursuance and by the authority of this act; and if it shall appear so to have been done, the jury shall find for the defendant or defendants; and if the plaintiff shall be nonsuited, or discontinue his action after the defendant or defendants shall have appeared; or if judgement shall be given upon a verdict or demurrer against the plaintiff, the defendant or defendants shall and may recover treble costs, and have the like remedy for the same, as any defendant or defendants hath or have in other cases by law.
 
     XVII. And be it further enacted by the authority aforesaid, That this act shall be deemed a publick act, and be judicially taken notice of such, by all judges, justices, and other persons whatsoever, without specially pleading the same.
From The Statutes At Large From The 23d to the 26th Year Of King George II, Volume XX, by Danby Pickering, 1765, pages 97-102.